Sri Gajula Rajamallaiah @ Rajamallu v. Registration), Secretariat, Hyderabad-500022

THE HON'BLE SRI JUSTICE K.SARATH N E a..l ORDER: Heard learned counser 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. ls4z 1 of 2024 dated 02.07.2024 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 the disposal of c the w.P.No.1547L of 2024 dated o2.or.2024 and, requested to pass appropriate orders.

4. In view of the order passed in w.p.No."ls4zl of 2024 dated o2.o7.2o24 and for the reasons mentioned therein, this writ petition is disposed of, setting aside the refusal order dated 01.1 1.2025 and directing the Registering Authority to receive, register and release the subject document, subject to the \ \ I I r. 2 petitioner complying with the provisions of the Indian Registratiorr Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of four (04) weeks 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 document, by specifically assign the reasons in terms of Section 7l 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 when demanded by the appropriate authorities urnder the said Act. No order as to costs.

5. Registry is directed to annex copy o[ the order in W.P.No.1547l of 2024 dated 02.O7.2024 alongwith this order.

6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY//

1. The Principal Secretary (Stamps and Secretariat, HYderab ad-500O22. SD/- C. DEEPIKA STANT REGISTRAR SECTION OFFICER State of Telangana,

2. The Commissioner and lnspector General of Registration and Stamps, Office at 5.3-953, Nizam Shahi Rd, Mozamjahi Market, Herza Estate, Risala Abdullah Colony, Jam Bagh, Hyderabad, Telangana 500001.

3. The Sub Registrar, Ramagundam Mandal, Peddapalli District-505208. 4. bne CC to SRI KATIKA RAVINDER REDDY, Advocate IOPUCI 5. Two CCs to GP for Stamps and Registration, High Court for the State of Telangana at Hyderabad. [OUTI

6. Two CD Copies Along.with a copy of the order dated O2.O7.2024 in W.P.91o.15471 of 2024. MP GJP \ I I i { i I \ HIGH COURT DATED:14111l,2025 a ORDER t I WP.No.34532 of 2025 1HE S o ,p n ,ll' / ?j , 2 * i..-. .. - . ... *.-_:-- DrsPosrNG oF THEJA/RIT PETITION ,.. WITHOUT COSTS \ \ a HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR ORDER: This writ petition is filed to declare the action of respondent No.3 in refusing to register and release the sale deed i.e., Pending Doc.No.P .ll4 12024 uide Intimation of Refusal No.48/2024 dated 03.06.2024 presented by ihe petitioner and his vendor in respect of all that the open Land in Sy.Nos.2o1, 2L5 and 217, land admeasuring 1o0o sq.yds., situated at Gajularamaram Village, GHMC circle, euthbullapur Mandal, Medchal-Malkajgiri District (subject proeprty) on the ground of Memo No-G3/3 247 /2018 dated 01.05.2019 issued by respondent No.2 as illegal and arbitrary and consequently direct respondent No.3 to register and release the pen/ing sale deed i.e., P.No. lr4 /2024 uide Intimation ' of Refusal No.48 /2024 dated 03.06.2024.

2. Heard learned counsel for the'petitiJner and rearned .l Assistant Government Pleader for Revenue appearing on behalf respondent Nos.1 to 3. i I )

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 registered sale deed uide Doc.No.4505 /2OO2 dated 13.06.2002 registered at Sub- Registrar C)ffice, Medchal. Thereafter, due to family necessities, the vendor of the petitioner offered to sell the subject property and petitioner herein agreed to purchase the' same. Thereafter, the vendor of the petitioner executed sale deed in favour of the petitioner and presented the same before respondent No.3 on 2g.O5.2O24 but the subject document was kept pending and assigned pe nding P- No . L 14 I 2024 and the document was refused for r:egistration on the following grounds: " 7. That the property set forth in the document is an ctgriculture propertg and executarlt has fatled to produc:e non-agriculture land. conuersion "trtfn"ot". The Telangana Rights in Land. and Pqttacla.r Pass Books Act, 2020 which hc.s come into operation w.e.f., 1 9.09.2020 defined the Tahsildar-cum-Joint Sub-Registrar as Registrar to register thertgricultural lands situated in his jurisd.iction. Consequent to the operation of the aboue Act, the Gouernment of Telangana through G.O.Ms.No.1 18 F., @egn-I) Department dated 28.1O.2O20 has established the Offic:es of Joint Sub-Regisfrars under Sectiott 7(1) of 3 the Registration Act, 1908 and appointed Tahsitdars of the concerned Mandal as Tahsildar - Joirfi Sub- Registrar in respect of agriculture lands. Hence, Sub- Registrar, Quthbullapur has no juisdiction ouer the property

2. That the Commissioner and Inspector General (R&Si Department Memo No.Gs/ 3247/ 20 18 dated 01.05.2019 has instructed that utheneuer huge lands are showing in sq.gds., and'sought to registration, the Sub-Registrar shall inuaiably refer web land (Dharani) and find out the real owners as per reuenue records and insisf upon conuersion certificate of agricultural land into non-agriculture land issued by the competent authoitg."

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 petitiSner has also paid the stamp duty in terms of ward basis which has also not been denied by the Sub-Registrar.

5. The 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.1I4l2O24 dated 28.04.2024 for the reason 4 that: in terms of Memo No.G3/3247/20lB dated 01.05.2019 has instructed that uheneuer huge lands are showing in Sq.gds., and sought to registration, the Sub-Registrar shall inuariably refer web land (Dharani) and find out the real owners as per reuenue records and insist upon conuersion certificate of agicultural land into non-agriculture land. issued by the competent authority. But the parties in the d"ocument are failed to produ6e 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. In the said case, this Court directed the registering authority to process the pending document without insisting on payment of NaIa charges. The relevant portion of the said order is as follows: ,f 1 1. In uiew of the aboue and the .for the reasons alike in the order dated 25.09.2023 passed in W.P. No.15124 of 2O23 bg this Court, Refusal No.11/2024 dated 06.02.2024 is herebg set aside and- th.is wit petition is d"isposed o7 ii)"rting the respondent No.3, Sub-Registra.r, to register the subject document in case, the same is in consonance with the prouisions of Registration Act, 19OB and Indian Stamp Act, 1899. Where the d.ocument is not liable fo, registration under those prouisions, a ) Refusal order can be passed and the decision taken be intimated to the petitioner in uiting. The parties to the document are directed" to pag NALA charges and when directed uithout raistng 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 respond.ent is only for the purpose of registration and not for any other reasons. 8 Learned counsel for the petitioner submits that they have not received any SO No.48/2024 dated 03.06.2024. ' learned Assistant Government called refusal order bearing f On ? query by the Court, Pleader for Stamps and Registration, on instmctions, submits that already refusal order has been sent by Post. However, there is no pro6r of the same in -t the instructions.

9. This court in repeated number of cases observed that the Registering Authorities are duty bound to communicate the 6 refusal order 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 under law. In the case on hand also the document has not been returned to the petitioner and it is in the custody of the Sub-Registrar. [n that case, the petitioners cannot make a statutory appeal which is the available remedy for them. In a holistic vierv, it is observed that the officers are erring in discharging their duties where certain timelines are prescribed. That apart, the 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.G3/3 247 l2}l8 dated 01.05.2019, 1n which it is instructed that whenever huge lands are showing in Sq.yds., and sought for registration, the Sub-Registrar #rall invariably refer web land (Dharani) and find out the real owners as per revenue records and insist upon conversion certificate of agricultural land into non-agriculture land, issued by the competent authority. But the parties in the document are failed to produce NALA certificate' 7

10. On a perusal of the Memo No.3247/2OLB dated

01.05.2019, the Commissioner of Inspector General 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 Webland (Dharani) and find out real owners as per the revenue records and insist upon .conversion certificate of agriculture land into non-agricultural land and insist upon conversion certificate issued by competent authority

11. It appears that the Sub-Registrar has calculated the market value in terms of yards and accordini{y stamp duty has been paid in terms of sq.yards. In such case, insisting of conversion certificate from agriculture to flon fgriculture competent authority is only for the purpose of record and the parties can be directed to furnish the s€rme at a later point of -./

12. In W.P.No.3605 of 2024, this Court ' directed the Registering Authority to register the documenj without insisting on pa5rment of Nala charges. The said order hhs not been challenged and documents have been registered thereafter. In t 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 authorit5z had not followed the directions of this Court in W.P.No.3605 of 2024, which has attained frnality'

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 all 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 aforeszud orders in W.P'No.3605 of 2024, is refusing registration on the same refusa-l grdunds and is insisting the petitioner to approach the Court and obtain specific orders for registration of the subject documents, the said. action is nothing but burdening the petitioners as well as the Hon'ble Court and pray this Court to direct the respondent No.3 to register the subject documents. -[. ;l i 9

14. ln the case on hand, it is pertinent to note that the respondent No.3 without und.erstanding 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 01.or.2o24 directing respondent No.3 to be present before this court on o2.or .2024 aid,answer 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 d.ocument cannot be registered. However, in such cases, the Sub Registrars eithy by way of instructions or at the time of appearance submits that the parties have not produced the document. In view of such discrepancy in statement of the parties and subrRegistrars, the Courts are being misled.

16. In some cases, it is further observed that the respondent officers who are d.ealing with the registrations of the documents are unable to decipher the orders of the court and 10 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. L7. Learned Assistant Government Pleader for Stamps and Registration, on instructions, submits that henceforth they will 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 i-n case of any clarification, the Sub-Registrars will seek instmctions from the learned. Government Pleaders and see that the orders of the Court are implemented in its true letter ancl spirit without troubling the citizens and would ensure that their rights guaranteed under Article 300-A of Constitution of India would t be protected. ,:-:i . .-:;-

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.

19. With the above observations, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, 'subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, 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 proceedings of NALA Tax under the provisions of the Telangana Agricultural Land (Conversion for non- agricultural Purposes) Act, 2006. It is also gr.r, to the Registering Authority to refuse to register the subject document, by specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. It is needless to mention that the petitioner shall pay the Nala t tax as per the provisions of The Telangana Agricultural Land (Conversion for Non Agricultural Purposes) Act, 2006 as and when demanded by the appropriate authorities under the said t2 Act.

20. With the above observations and directions, this writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

02.o7.2024 N.V.SHRAVAN KUMAR., J ,