Telangana High Court
Syed Ismail vs State Of Telangana on 24 April, 2025
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.3221 of 2025
ORDER:
Heard learned counsel for the petitioner and
learned Government Pleader for Stamps and Registration
for the respondents and perused the entire material on
record.
2. Learned counsel for the petitioner submits that
the petitioner filed the present writ petition to declare
the order passed by the respondent No.2-District
Registrar in Procgs.No.Appeals/7758/2024, dated
17.12.2024 and Intimation of Refusal order passed by the
respondent No.3/Sub-Registrar in No.22/2019, dated
07.11.2019 as illegal and arbitrary and consequently
direct the respondent No.3 to register and release the
document No.P.55/ 2018 filed by the petitioner in respect
of the land to an extent of 291 Sq.Yards bearing Plot
No.19-D in Sy.No.103/17, 103/18 and 103/19, Ward
No.18, Block No.13 situated at Bandlaguda Khalsa,
Mailardevpally Village, Ranga Reddy District.
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3. Learned counsel for the petitioner further
submits that the impugned refusal order dated
07.11.2019 was passed basing on the Common
Judgment passed by this Court in CMA.Nos.231, 237,
249, 253, 630 and 672 of 2018 dated 02.08.2018 as well
as letter addressed by the respondent No.4-Tahsildar in
Lr.No.B/1200/1999 dated 11.08.2017 wherein it is
stated that W.A.No.1378 of 2012 is pending against the
suit schedule property and registration of the said
property is against the orders passed by this Court in
W.P.No.20845 of 2009 dated 06.07.2012. Thereafter, the
said appeal W.A.No.1378 of 2012 filed by the official
respondents was dismissed by the Division Bench of this
Court on 04.06.2024.
4. Learned counsel for the petitioner further
submits that after passing of the impugned refusal order,
the XI-Additional Chief Judge, City Civil Court,
Hyderabad, passed orders in O.S.No.751 of 2017 on
15.12.2021, which is filed for specific performance of
agreement of sale deed dated 28.02.2004 in favour of the
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plaintiffs' therein and the same was dismissed on
15.12.2021. In view of disposal of the W.A.No.1378 of
2012 and O.S.No.751 of 2017, the petitioner has
approached the respondent No.2-District Registrar by
filing an appeal in Procgs.No.Appeals/7758/2024 against
the impugned refusal order dated 07.11.2019 and the
same was dismissed on 17.12.2024 by the respondent
No.2, wherein it is stated that they have no jurisdiction to
entertain the appeal after thirty (30) days as per Section
77(1) of the Registration Act, 1908. Aggrieved by the
same, the petitioner filed the present writ petition and
requested to direct the respondent authorities to
reconsider the document No.P.55/ 2018 submitted by the
petitioner in view of disposal of W.A.No.1378 of 2012 and
O.S.No.751 of 2017.
5. Learned Assistant Government Pleader has not
disputed the submission made by the learned Counsel for
the petitioner about the disposal of W.A.No.1378 of 2012
and O.S.No.751 of 2017 and requested to pass
appropriate orders.
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WP_3221_2025
6. In view of the above submissions made by the
both sides and on perusing the entire material on record,
this Court is of the considered view that letter in
Lr.No.B/1200/1999, dated 11.08.2017 issued by the
respondent No.4-Tahsildar shows that the W.A.No.1378
of 2012 is pending before this Court, which is filed
against the order passed in the W.P.No.20845 of 2009
dated 06.07.2012 for the suit schedule property. In fact,
the said W.A.No.1378 of 2012 was dismissed by the
Division Bench of this Court on 04.06.2024. Thereafter,
the Competent Civil Court has dismissed the O.S.No.751
of 2017 on 15.12.2021 and CMA.Nos.231 of 2018 and
batch dated 02.08.2018, which were filed against the I.A.
in O.S.No.751 of 2017. In view of the above
circumstances, the petitioner has filed an appeal against
the intimation of refusal order dated 07.11.2019 before
the Competent Authority.
7. The respondent No.2 without taking into account
of the disposal of W.A.No.1378 of 2012 and O.S.No.751 of
2017, rejected the appeal filed by the petitioner on the
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ground that they have no jurisdiction to entertain the
said appeal after thirty (30) days as per Section 77(1) of
the Registration Act, 1908.
8. It clearly shows that initially basing on the
pendency of the W.A.No.1378 of 2012 and orders passed
in CMA.Nos.231, 237, 249, 253, 630 and 672 of 2018 on
02.08.2018, the respondent No.3 passed impugned order
on 07.11.2019 and refused to receive the document
submitted by the petitioner.
9. In view of the above changed circumstances, the
respondent authorities have to receive, register and
release the document No.P.55/ 2018 submitted by the
petitioner without reference to the earlier refusal order
dated 07.11.2019, if it is otherwise in order.
10. In view of the above findings, the writ petition is
disposed of directing the respondent authorities to
reconsider the document No.P.55/ 2018 submitted by the
petitioner and register and release the same without
reference to the order passed by the respondent No.2-
District Registrar in Procgs.No.Appeals/7758/ 2024,
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dated 17.12.2024 and Intimation of Refusal order passed
by the respondent No.3/Sub-Registrar in No.22/ 2019,
dated 07.11.2019 and communicate the same to the
petitioner within four (04) weeks from the date of receipt
of copy of this order, subject to the petitioner complying
with the provisions of the Registration Act, 1908 as well
as the Indian Stamp Act, 1899. There shall be no order
as to costs.
11. Miscellaneous petitions, if any pending in this
writ petition, shall stand closed.
____________________
JUSTICEK.SARATH
Date: 24.04.2025
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