High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order, or Direction, more particularly in the nature of Mandamus, declaring the Memo No. 456/SRO/Kukalpallyl2024 dated 20-11-2024 and Refusal order No. 2ot2o24 dated 20-11-2024 issued by Respondent No.3 refusing to register the sale Deed dated 09-07 -2024 as illegal, arbitrary violative of statutofu r"grlationr, contrary to settled law, and in viotation of the principles of natural jusiice and consequently set aside the impugned Memo No' 456/5RO/Kukatpally 12024 dated 20'1 1 -2024 lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to Direct Respondent No.3 to receive, register, and release the Sale Deed dated 09- 07.2024 submitted by the Petitioner in accordance with the provisions of the Registration Act, 1908, pending disposal of Main Writ Petition T Counsel for the Petitioner:SRl. B VAMSHIDHAR REDDY Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER ) l I THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.37124 of 2024 ORDER: This writ petition has been fi1ed seeking the following prayer:- "to declare the the Memo No.456/ SRO/ Kukatpally/ 2O24 dated 20.1 1.2024 and Refusal Order No.20/ 2024 dated" 20.1 1.2024 lssued by Respondent No.3 refusing to register the Sale Deed dated 09.07.2024 as ilLegal, arbitrarg, uiolattue of statutory regulations, contrary to settled law and in uiolation of the principles of natural justice and consequentlg set aside the impugned Memo No.456/ SRO/ Kukatpally/ 2024 dated 20.11.2024.,

2. Learned counsel for the petitioner submits that petitioner,s vendor is the owner and possessor of semi furnished Flat No.401, situated on the fourth floor of "Sri Rama Enclave Block- I and II,,, having built-up area of l245.OO Sq.feet (inclusive of common areas), along with car parking measuring 80.00 square feet, and undivided share of land measuring 29.0 square yards (out of total extent of 1428.a7 square yards), in Gramakantam, Kukatpally Mandal, Medchal-Malkajgiri District, (hereinafter referred as 'subject property'), having acquired the same through registered gift deed dated 15.07.2021 and L6.O7.2021. It is further submitted that the petitioner's vendor with an intention to sell the subject property to the petitioner executed the sa-le deed dated 09.07.2024 and duly enciosing the challan rtide receipt, l dated 09.O7.2024, approached the respondent No.3 for registration. However, the respondent No.3 refused to register the same and assigned the subject document as pending document No.lO9 / 2024, the same was intimated to the petitioner uide Memo No.456/SRO /Kukatpaltyl2024 dated 20.tL.2024 and refusal order dated 20.11.2024 was issued, stating the following:_ "Tlr docunrcnt lms been receiaed nnd lctpl penrling for scnttintl. After scrutiny it zoas found tltnt there is no permission for constructions of Fourth Floor in Crnmakantam. lene, the document is refused from registration ns per C€slG R€.tS Memo No.G2/2.57p.019 dated 26.08.2020 rend toith Rule 26(lt of Conmron Building Rules pidc C.O.Ms.No.76g, MAU D Dept., D t.07.04.2012."

3. Learned counsel for the petitioner submitted that upon payment of requisite stamp duty, registration fee and other applicable charges, the respondent No.3 is obligated to receive, register and release the subject document and pray this court to direct the respondent No.3 to register and release the subject document.

4. Learned Assistant Government pleader for Stamps and Registration has drawn attention of this Court to the memo No.G2/257 12019 dated 26.O8.2020, issued by the Stamps, Hyderabad, wherein certain instructions were issued and the relevant portion of the same is extracted hereunder:- "2) In order to obviate any hardship relating lo registration of documents, after careful consideration of the relevant provisions of lau, and circumstances, the following clarifications are issued. in partial modiJication of the instructions cited under reJirence above; i) Registrations can be taken up in respect of open plots/structures, if the same has been acquired by the present ou,ner through a valid regislered document earlier. ii) Hou,ever, no "nev, plot" shall be registered unless it has been approved by lhe compelent authority or is in an authorised layoul. Neu, plot would mean a fresh plot which is being brought for registration for the frst lime or being sold by developers for the Jirst time iii) As clari/ied earlier, lhere is no reslriclion on registration of plots in authorised layouts, plots regularised under earlier LRS Schemes and buildings/struclures covered ttnder earlier BPS/|IRS Schemes. 3) The Sub-Registrars moy follow the above instruclktns .tcrupulously. 4) The District Regislrars & DISG shall ensure lhat lhe above inslructions are implamented scrupulously. " I

5. Learned Assistant Government Pleader further submits that in vieu, of the above, the action of the registering authority is valid and the writ petition is liable to be dismissed

6. Learned counsel for the petitioner has drawn attention of this Court to the order dated 23.08.2021 passed by Hon'ble Division bench in W.P.No.924B of 2021, relevant paragraph is extracted hereunder:- ''47, In t,ieu, ctf the .said hinding precedent, we hold on Point (b) that the Inspeclor General o/. Registration and Stamps, State of Telangana has no ctuthority lo issue Memo No.G2/257/2019 dt.26.08.2020 and the 2"d respondent erred in taking note oJ'the some and refusing to register lhe document presented by the pelilioner .... 49. Accordingly, the Wril petitbn is allowed; a writ of Mandamus is issuetl cteilaring rhe tiction of 2'd respondent in refusing to receive, regisler and rclcase the sole deed presenled by pelilioner + in respect oJ Flat No.302,3'd l--loor,. pearl Heights.. ttith a built up area of 1090 Sq../i. (including comnlon oreas and car porking), along u,ith an undivided share of land admeasuring 2J Sq yds (Out of 8()0 '\q.yds), consructed on Plot Nos. t t 6, t t7 t 32 imct 133 in Survey No,491/A, situated at Bachupally village und ()ram panchoyttt. Bachupally Mandal, Medchal- Malkajgiri Ltistrict, on the ground.s o.f (i) letter bearing No.45/T'p.4tMC/2019 dt.1l.l1.2()19 issued by I't respondent; arut (ii) that th(, .\ubject properly i.\ part and purcel of the lands covered under t .S.No.ll of 1958 us arhitrary, illegol, without any jurisdicrion. L.(,ntra1) to the proti.;ions o.f the Registration Act, 1908 ancl in vrolution of Article l1 o/ the const,itution ctf India and consequently, a direction is issued ro 2"'t respondent herein to rcceiyt;. register and releosc the sale deed presented by petitioner in respect of rhe above property u,ilhou! reference to le cr bearing No.4S/TPA,NMCl2019,, d1.0l.t 1.2019. and Memo No.G2/257/2019 dt.26.08.2020 issued by the 3'd respttndenr, if document i.s in accordance with law, otherwise, wilhin /bur weeks lrom thc Jdtc ofrcccipt o1 copy of this ordcr.''

7. Per contra, leamed Assistant Government pleader submitted that W.P.No.924B of 202 1 was challenged before the Honble Supreme Court uide SLP(C) No.19695 ol 2O2l and the same is sub-judice before the Hon,ble Apex Court.

8. Heard. learned counsel for the petitioner ancl Sri.H.Rakesh Kumar, learned Assistant Government pleader for stamps and Registration appearing for respondent Nos. I to 3.

9. Upon perusal of the material, it is noticed that the respondent No.3 after scrutiny observed that the subject properfy is constructed without permission lrom the concerned authority ared basing on Memo No.G2/257 /2019 dated 26.O8.2O2O, refused to register the subject document. :*,46: i+-j;&!;Y41*i.!.a1=};"r?+a'1r.i-s,j:.--{.:F.. 5 i0. It is pertinent to note that Memo No.G2l257 /2019 dated

26.08.2020, is the subject matter of SLP(C) No. 19695 of 2O2l and the same is sub-judice before the Hon'ble Supreme Court and the Apex Court uide order dated 18.05.2022 in SLP(C) No.19695 of 2O21 stayed the order dated 23.08.2021 passed in W.P.No.924B of 2O2l and pending SLP, petitioner filed this writ petition. 1 1. Having considered the above facts ald circumstances and since the matter is pending before the Hon'ble Supreme Court, no order can be passed at this point of time. Hence, this Court deems it appropriate to dismiss the writ petition. However, petitioner is at liberty to seek appropriate remedy as available unde4 law, as and when the SLP(C) No.19695 of 2021 is decided by the Hon'ble Supreme Court.

12. Accordingly, this writ petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall stand closed. / //TRUE COPY// A S I SD/.V. KAVITHA TANT REGISTRAR SECTION OFFICER II To, 1 The Principal Secretary to the Revenue Department Government' Secretariat 2 3 Building Hyderabad Commissioner, and lnspector General of Regiltration and Stamps' iliil;;;,'ftb;rabad'5-3.6'5i-NizJm-stratii nd' {o4n19!lMarket' Herza ililiB, iit"r"'n6oJl"i,-d6"t' Jam Bagh' Hvderabad - s000s5 The Sub Registrar, Registration and Stamps Depadment Kukatpally' trilerlchal-Malkaiqiri orstnct,tt 6iiti'*hFtu'a' Goodshed Road' Moosapet' iyOeraUad, Telingana 50001 B I t

4. One CC to SRt. B VAMSHTDHAR REDDy Advocate [OPUC] 5. Two CCs to Gp FOR STAMPS AND REGTSTRATTON ,High Court for the 6. Two CD Cooies State of Telangana. [OUT] KKS BS / HIGH COURT DATED:0210112025 {fiA.Sr-r f, \ .J

1.. 14 iEB 2W ( z ia^T,.r',r€() * ORDER WP.No.37124 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS /o /t )( /,