Sri, Gajula Rajamallaiah @ Rajamallu v. 1. The State of Telangana

petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the pdtition, the High Court may be pleased to direct the respondents more particularly, respondent No' 3 herein to register and release the Gift Deed vide pending Document No.P.7l2o25, dated 01-11-2025, presented by the petitioner in respect of open Ptace in Sy-No.94A111, admeasuring 1397 Sq.yards., Near H.No.6-5-61 St2l4, situated at Raja Laxmi colony (PH colony), Godavarikhani of Malkapur Sivar Village (code No.2007011), Ramgundam rr/unicipar corporation, Ramagundam District, Peddaofli District, within Registration District Karimnagar, sub-District. Ramagundaml by suspending the lntimation of Refusal No.7t2025, dated 01-11-2025, passed by respondent No.3, pending disposal of the above writ petition' Counsel for the Petitioner: SRI KATTKA RAVINDER REDDY .ll counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITTON 0.34542 of 2o.25 ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Stamps and Registration for the official respondents. with their consent, this writ Petition is disposed of at the stage of admission itself.

2. Learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.t5471 of 2024 dared O2.O7.2O24 and requested to pass similar order in this writ petition.

3. Learned Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the petitioner with regard to tffe disposal of .'t the W.P.No.1547L of 2024 dated O2.O7.2024 and requested to pass appropriate orders.

4. In view of the order passed in W.P.Nq.t547l of 2024 dated O2.O7.2024 and, for the reasons mentioned therein, this writ petition is disposed of, setting aside the refusal order dated

01.11.2025 and directing the Registering Authority to receive, register and release the subject document, subject to the \ - I ( 2 { petitioner complying with the provisions of the Indian Registration Act, 1908, and tndian Stamps Act, 1899, as expeditiously as possible, preferably within a period of four (o4) rveeks from the date of receipt of copy of this order without insisting for the proceedings of NALA Tax under the provisions of the Telangana Agricultural Land (conversion for nonagricultural Purposes) Act, 2006. It is 'also open to the Registering Authority to refuse to register the subject documenr, by specifically assign the reasons in terms of section 7r of the Act, l9oB and communicate the said decision to the petitioner. It is necdless to mention that the petitioner shalt pay the Nala tax as per the provisions of rhe Telangana Agricultural Land (conversion for Non Agricultural purposes) Act, 2006, as and when demanded by the appropriate authorities.pnder the said : Act. No order as to costs.

5. Registry is directed to annex copy of the order in w.P.No. 1547 | of 2024 dated o2.o2.2024 along&ith this order. 6- Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. /TRUE COPY// To \

1. The Principal Secretary (Stamps and Regi Secreta riat, H yd era b ad-50O022 SD/- C. DEEPIKA STANT REGISTRAR i ! , SECTION OFFICER State of Telangana, t -

2. The_Commissioner and tnspector el s -s- g 5 3, h;;: Abd ultah Co lonv,la r-e;'g'h, iilheraoao, Teta n gana 50000 1 iza m s r, J ni " -N T,",t#'it # E:ffis: _:g::; "f;""jr",i::fl 3' The Sub Registrar, Ramagundam Mandar, peddapaili District_S,s2,g. 4. ONE CC tO SRI I(ATII.^ RAVINDER REDDY, AdVOCAtC.[OPUCJ 5' Two ccs to G.L for, stamps and Registration, High court for the state of 6. Two CD Copies retanga na at Hyoeiiol;:' tbifr "' . Along with a copy of the order dated o2.o7.2o24in w.p.No. 15471 0f 2024. MP GJPI I !I t i I I I j: ;t I i l.r T I I I I i I I i I i HIGH COURT DATED:1411112025 t I Onoen WP.No.34542 ot 2025 tHE Sr4 ( (' a (J tP2O I{OU TE l. t DISPOSING OF THE}trRIT PETITION COSTS \ \ ..r q * I t I i I I HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.1 547l of 2o24 ORDER: This writ petition is fired to declare the action of respondent No.3 in refusing to register and release the sale deed i'e-, Pending Doc.No.p.tL4/2024 uide Intimation of Refusal No-a8/2o24 dated 03.06.2024 presented by the petitioner and his ve'dor in respect of all that the open Land in Sy.Nos.2ol, 2rs a,d 2LT, land admeasuring 10oo sq.yds., situated at Gajularamaram village, GHM. circre, euthbullapur Mandal, Meclch:rl-Malkajgiri District (subject proeprty) on the ground of Memo No-G3/3 247 /2018 dated 01.os.2019 issued by respondent No.2 as illegal and arbitrary and consequently direct respondent No.3 to register and release the pendirllf sate deed i'e., P-No- r14/2024 uide Intimation of dated 03.06.2024. No.4B/2o2a 'Refusar 2 Heard learned counser for the petitioner and rearned Assistant Government preader for Revenue appearing on beharf responclent Nos.1 to 3 ! j t. 2 3' The brief facts of the case are that petitioner's vendor is the sole, absolute owner and peaceful possessor of- the subject property having acquired the same through registerecl sale deed uide Doc.No.4 5O5l2OO2 clated L3'06'2OO2 registered at Sub- Registrar Office, Medchal' Thereafter' due to family necessities' the vendor of .he petitioner offered to sell the subject propert5i and petitioner herein agreed to purchase the #t"t' Thereafter' the vendor of the petitioner executed sale deed in favour of the petitioner and pr'esented the same before respondent No'3 on bject document was kept pending and I 14l2024 and the document was

28.05.2024 bd assigned pe refused for regis the following grounds: nl_ is an agncu rty set forth in the docutnent and executant has faile.d to 'l p produce rutn land. conuersion certific:,ate. in Land and Pattadar Pass The Telangana hos come into oPeration Books Act, 2020 the Tahsildar-cum-Joint w.e.f., I 9.09'2020 to register the a{iu.ltural Sub-Registrar as iction. Consequent to the land.s situated tn Act, the Gouernment of operation ,,f the Telangana through Q'O'Ms'No.11B Rev ,@egn'I) Department d"ated 28'1o'2o2o has established tlrc Offices o-f Joint Sub-Rqistrars und.er Section 7(1) of Ili 3 the Registration Act, 1908 and appointed Tahsildars of the concerned- Mandal as Tahsildar - Joint Sub- Registrar in respect of agriculture land-s' Hence, Sub- Registrar, Quthbultapur has no jurisdiction ouer the propertg.

2. That the Commissioner and Inspector General (R&Si Department Memo No-G3/ 3247/ 20 18 dated 01.05.2019 has instructed that wheneuer huge land"s are showing in sq-yd-s., ond registration, the sub-Registrar shall inuariablg refer web land. (Dharani) and find out the real owners as per reuenue record"s and insisf upon conuersion certificate of agricultural land into non-agriculhtre larud" issued. by the competent authoritg'" "ought

4. The petitioner has also filed copies of Dharani portal entries maintained by the Government of Telangana wherein the subject property is shown as house site. The p{fiottr has also paid the stamp duty in terms of ward basis which has also not been denied bY the Sub-Registrar. 'lrl'

5. Thg Sub-Registrar, Quthbullapur i.e., respondent No.3 has placed a copy of written instructions and submits that the pending document was refused for registration uide Refusal order bearing No.1 1412024 dated 28.04.2024 for the reason I i I that: in tenns of Memo No.G3/3247/20lB dated O1.05.2019 has instructed that uheneuer huge lands are slutwing in Sq.gds., and" sought to registration, the Sub-Registrar shall inuariablg refer web land (Dharani) and find out the real outners as per reuenue record.s and- insist upon conuersion certificate of agricultural land. into non-agriculture Land issued bg the competent authority. But the parties in the document are failed to produce NALA certificate.

6. In a similar circumstance i.e., in W.P.No.3605 of 2024 dated 22.O2.2024, the Sub-Registrar has refused registration therein on the similar ground. [n the szrid case, this Court directed the registering authority to process the pending document without insisting on paymeht of Nala charges. The relevant portion of the said order is as follows"

11. In uiew of the aboue andrtherfor the reasons alike in the order dated .25.09 2023 passed. in W.P. No.15124 of 2O23 by this Court, Refusat No.1 1/ 2024 dated 06.02.2024 is herebg set asid.e and this writ petition is disposed of directing the respond.ent No.3, Sub-Registrar, t6' rt|*ter the subject d-ocument in case, the same is irr cons onance tuith the prouisions of Registration Act, 19OB and. Indian Stamp Act, 1899. Where the document is not liable fo, registration under those prctuisions, a 5 Refusal ord.er can be passed and the decision taken be intimated to the petitioner in writing. The parties to the document are directed to pag NALA charges and when directed utithout raising any resistance. ' 7. Learned counsel for the petitioner submits that in the above case the document was registered based on the Court order and in view of the same, the respondent authorities are insisting that unless the Court order is furnished, they cannot go ahead with the registration. He would further submit that jurisdiction of respondent is only for the purpose of registration and not for any other reasons. B. Learned counsel for the petitioner submits that they have not received an-v so called refusal order bearing No.48/2O2a dated 03.06.2024. On a query L{ ,n Court, learned Assistant Government Pleader for Stamps and Registration, on instructions, submits that already refusal ord.er has been sent by Post. However, there is no pgfiot the same in the instructions.

9. This Court in repeated number of cases observed that the Registering Authorities are duty bound to communicate the 6 refusal orcler to the petitioners or the citizens, who approach for registering the documents and also granted liberty to the petitioners to avail the remedy as available utrcler law. In the case on hand also the document has not been returned to the petitione r and it is in the custody of the Sub-Registrar. tn that case, the petitioners cannot make a statutory appeal which is the avail able remedy for them. In a holistic vi'erv, it is observed that the officers are erring in discharging their duties where certain timelines are prescribed. That apart, thc Sub-Registrar herein is well aware that the adjacent lands are also registered even thereafter issued refusal order citing the reason that in Memo No.G3/ 3247 /2018 dated 0 1.05.20 19, in which it is instructed that whenever huge lands are showing in Sq.yds., and sou ght for registration, the Sub-Registrar $all invariably refer web lzrnd (Dharani) and find out the real owners as per revenue records and insist upon conversion certificate of agricultural land into non-agriculture landr"issued by the competent authority. But the parties in the document are failed to Produce NALA certificate' .nib i 7 10- on a perusal of the Memo No.3247/2arc dated ol-o5-2o19, the commissioner of Inspector Generar of Registration and stamps directed the Registering officers to be vigilant that whenever huge lands are shown in sq.yds., the sub Registrars shall invariably refer webrand (Dharani) and find out real owners as per the revenue record.s and insist upon conversion certificate of agriculture land into non-agricultural rand and insist upon conversion certificate issued by competent authority.

11. It appears that the sub-Registrar has carculated the market value in terms of yards and accordingly stamp dut5r has been paid in terms of sq.yards. In such case, insisting of conversion certificate from agriculture to non-pfTulture by competent authority is only for the purpose of record and the parties can be directed to furnish the sarne at a later point of time. It t' 12- In w.p.No-3605 of 2024, this court directed. the Registering Authority to register the document without insisting on payment of Nala charges. The said order has not been chailenged and documents have been registered thereafter. In 8 the case on hand the,petitioner has paid huge stamp duty on yard basis based on market value obtained on yard basis and again insisting on NALA charges is arbitrary and illegal and registering authority had not followed the directions of this Court in W.P.No.36O5 of 2024, which has attained finality.

13. The main grievance of the petitioner is that earlier the subject land is put to non-agriculture use for several decades and that they have already paid stamp duty and registration charges in respect of lands as non-agriculture lands by treating atl the lands within the area of GHMC in sq.yd., basis on par with open site in layout having open area and parks. It is further submitted that respondent No.3 without understanding the aforesaid orders in W.P.No.36O5 of 2A74 is refusing registration on the same refusal grdunds and is insisting the petitioner to approach the Court and obtain specific orders for registration of the subject documents, the sai$action is nothing but burdening the petitioners as well as the Hon&Ie Court arid pray this Court to direct the respondent No.ll to register the subject documents. d ,1' I;,tl 9 14- In the case on hand, it is pertinent to note that the respondent No.3 without understanding the purport of the aforesaid order, is refusing to register the subject documents on the same grounds and insisting the petitioners to obtain court orders. The said action is not justified. Hence, this court passed orders on ol -o7.2o24 directing respondent Nor3 to be present before this Court on O2.O7.2024 andanswer accordingly.

15. The core issue is that in many cases, the registering authorities are not implementing the orders passed by this court and are refusing to register the subject documents on the same grounds and informing the citizens that unless they produce a court order, the document cannot be registered. However, in such cases, the sub Registrars eitfgt by way of instructions or at the time of appearance submits that the parties have not produced the document. [n view of such discrepancy in statement of the parties and SuQ Registrars, the Courts are being misled. ,.'r' - .:

16. In some cases, it is further observed that the respondent officers who are dealing with the registrations of the documents are unable to decipher the orders of the court and l0 are simply relegating the parties and insisting the parties/citizens to approach the Court for repeated orders. In this entire gamut of events, the citizens are not only over- burdened but also had to run pillar to post and are deprived of their rights guaranteed under Article 300-A of the Constitution of India. rT. Learned Assistant Government Pleader for stamps and Registration, on instructions, submits that henceforth they wiil follow orders of this Court and will not insist citizens to approach the Court time and again and the Sub-Registrars will follow the Court orders scrupulously and in case of any clarification, the Sub-Registrars will seek instructions from the learned Government Pleaders and see that thTorders of the Court a.re implemented in its true .letter and spirit without troubling the citizens and would ensure that their rights guaranteed under Article 3oo-A of constitution of India would be protected. 'l' l 1 l1

18. Recoding the submissions of the Sub-Registrar, this Court admonishes the Sub-Registrars in insisting the Court orders, on settled issues or matters attained finality- L9. With the above observations, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject d.ocument,' subject to the petitioner complying with the provisions of the [ndian Registration Act, 1908, and lndian Stamps Act, L899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order without insisting for the proceed.ings of NALA Tax under the provisions of 'the Telangana Agricultural Land (Conversion for non- agricultural Purposes) Act, 2006. It is also ;pPen to the Registering Authority to refuse to register the subject document, by specifically assign the reasons in terms of SectionTl of the Act, 1908 and communicate the said decision to the petitioner. It is needless to mention that the petitioner shall pay the Nala tax as per the provisions of The Telangana Agricultural Land (Conversion for Non Agricultural Purposes) Act, 2006 as and I t' / :/, t2 when demanded by the appropriate authorities under the said Act.

20. with the above observations and directions, this writ petition is disposed of. Miscellaneous petitions, if day, pending in this writ petition shall stand closed. No costs. o2.o7.2024 N.V.SHRAVAN KUMAR., J ?l '!'t