Smt Muppidi Ambuja Reddy v. 1. The District Registrar

Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, one more particularly in the nature of a Writ of Mandamus declaring the action of the 2nd respondent in refusing to register the sale deed dated 2-6-2011 vide proceedings Refusal No. 255/11 dated 30-82011 in respect of the Plot bearing No.77 & 78 in Sy. No. 7415, admeasuring 400 Sq. Yds., forming part of M/s. The Santosh Co-Operative Housing Society Ltd situated at East Maredpally, Secunderabad as being arbitrary and illegal and consequently direct the '1st and 2nd respondents to register and release the same after due registration- l.A. NO: 1 OF 2012(WPMP. NO: 28545 OF 2012) 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 the 2nd respondent to register the sale deed dated 2-6-2011 in respect of the petitioners'property in Plot bearing No.77 & 78 in Sy. No. 7415, admeasuring 400 Sq. Yds., situated at East Maredpally, Secunderabad, pending the disposal of the writ petition Counsel for the Petitioner: SRI P. SRI HARSHA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR WRIT PETITION No.22266 OF 2012 ORDER: Heard Sri P. Sri Harsha Reddy, learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents.

2. The present writ petition is liled to declare the action of respondent No.2 in refusing to register the sale deed dated

02.06.2071 uide proceedings Refusal No. 255llI dated

30.08.2011 in respect of the Plot bearing No.77 and 78 in Sy.No.74/5, admeasuring 400 Sq. yards, forming part of M/". The Santosh Co-Operative Housing Society Ltd., situated at East Maredpally, Secunderabad, as arbitrary.

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the lald to arr extent of 400 Sq. yards in Sy.No.74/5 situated at East Maredpally, Secunderabad, and the same r,,as purchased through sale deed dated 02.O6.2O11 from his vendor G Renuka Reddy, who has purchased the same from M/s. The Santosh Co-operative Housing Society u.lde registered sa-le deed bearing document No.28 1 of 1996 dated 29.O2.7996. E--- 2 The said sale deed was presented for registration on

02.06.2011 before the respondents by duly paying requisite stamp duty and registration charges. However, respondent No.2 refused to register the said sa-le deed urde proceedings Refusal No. 1 52 of 2OO7 , dated 30.08.201 1 with an endorsement that the property mentioned in the document is a prohibitory property under Sectioo 22-A of the Registration Act, 1908.

4. Learned counsel for the petitioner places reliance on the judgment passed by this Court in respect of W.P.No.23B19 of 2O25 dated 13.08.2025, wherein, the petitioner has liled the writ petition aggrieved by the inaction of the Registering Authority in registering the sale deed in respect of the property bearing Plot No.47-A admeasuring 459.05 Sq. yards in Sy.No.74/6, situated at East Maredpally, Secunderabad. It was contended that the issue involved in the said matter is connected with W.P.No.191O6 of 2010, which was filed by the State Government against the order in LGC.No. 167 of 1997 passed by the Special Court, which was dismissed by the Division Bench of this Court on 28.05.2025. This Court uide I I I 3 order dated 28.05.2025 disposed of W.P.No.191O6 of 2010 directing respondent No.2-Sub Registrar to receive, register and release the document presented by the petitioner in respect of subject property without reference to the LGC.No.167 of 1997, subject to the petitioner complying with the pro,u"isions of the Indian Registration Act, 1908, and the Indian Stamps Act, 1899. It was further directed that the Registering Authority is open to refuse the document presented by the petitioner, if any other objections and communicate the same to the petitioner.

5. In the present writ petition, it was subsequently conferred that the case in LGC.No.l67 of 1997 which was filed by the State Government before the Special Court constituted under the A.P. Land Grabbing (Prohibition) Act, 1982 in respect of the lald in Sy.No.74, has been dismissed declaring the land in Sy.No.74 asa private patta land. Aggrieved by the said Judgment of the Special Court, the State Govemment has preferred writ petition which was Iinally dismissed by the Division Bench of this Court on

28.O5.2025. 4

6. In view of the same, this Court deems it appropriate to direct respondent No.2 to receive, register and release the document presented by the petitioner in respect of subject property, without reference to the LGC.No.167 of 1997, subject to the petitioner strictly complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act,

1899. It is also open for Registering Authority to refuse the document presented by the petitioner, if otherwise the same is prohibitory property under Section 22-A of the Registration Act, 1908. 7 . It is made clear that mere registration of the document does not confer any title over the subject property and this order would not have any bearing on a-11 those matters where title/rights of the parties are pending before the authorities under the respective provisions. However, with respect to the disputed questions of law and facts, it is open to ttre parties to avail their respective remedies before the competent Civil Court. 5 B With the aforesaid liberty, the Writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any, pending in this appeals shall stand closed. //TRUE COPY// To

1. The District Registrar, Hyderabad District, Hyde 2. The Joint Sub Registrar - l, RO, Hyderabad. 3. The District Collector, Hyderabad District, Hyderaba 4. The Principal Secretary, Revenue Department, Pradesh, Secretariat Building, Hyderabad. d/. K. BHAVANI SISTANT Y R ISTRA SECTION OFFICER d Government of Andhra

5. The Tahsildar, Maredpally IVandal, Secunderabad. 6. One CC to SRI P. SRI HARSHA REDDY, Advocate [OPUC] 7. fwo CCs to GP for REVENUE, High Court for the State of Telangana. [OUT] 8. Two CD Copies BN/MP Prn(, HIGH COURT DATED:1711012025 ORDER WP.No.22266 of 2012 \iE 5ll{ I€ S 1o itg ?tffi t- l:) * DISPOSING OF THE WRIT PETITION WITHOUT COSTS A\ qlA>t'' a-