Telangana High Court
Mattapally Nikhil vs The State Of Telangana., on 23 October, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.15655 of 2021
ORDER:
This Writ Petition is filed seeking the following relief:
"...to issue a Writ, Order or direction more particularly one in the nature of Writ of Certiorari, call for the records and declare the Ex.P-1 letter bearing Lr.No.E5/2825/2021, dated 10.06.2021 issued by 2nd respondent as illegal, arbitrary and without jurisdiction and contrary to the provisions of the Registration Act, 1908 and set-aside the same and consequently direct the 4th respondent herein to receive, register and release the Sale deed presented by the petitioner in respect of House No.2-41/52, on Plot bearing No.52, admeasuring 200 Square Yards or 167.2 Square Meters, along with Built-up area of 200 Square Feet (A.C.C) in Survey Nos.41/12 and 41/13, situated at Khanamet Village, GHMC Serilingampally Circle, Serilingampally Mandal, Ranga Reddy District, without reference to Letter bearing Lr.No.E5/2825/ 2021, dated 10.06.2021 issued by the 2nd respondent and pass such other order or orders..."
2. Heard Mr. S.Sridhar, learned counsel for petitioner and learned Assistant Government Pleader for Revenue appearing for respondents.
3. Learned counsel for petitioner submitted that petitioner purchased House No.2-41/52, on plot No.52, admeasuring 200 sq. yards or 167.2 sq. meters, along with 2 JAK,J W.P.No.15655_2021 built-up area of 200 sq. Feet, in Sy.Nos.41/12 and 41/13, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, from one Mr. Niranjan Reddy for a sale consideration of Rs.40,76,000/-. It is further submitted that petitioner presented sale deed before respondent No.4 on 17.06.2021 and the sale deed was refused for registration vide intimation of refusal dated 18.06.2021 (Ex.P2-page No.20).
4. Learned counsel for petitioner placed reliance on the judgment of this Court in W.P.No.16109 of 2024 dated 19.07.2024 and contended that in view of the order of the learned Single Judge in W.P.No.16109 of 2024, respondent authorities cannot refer to letter No.E5/2825/2021 dated 10.06.2021 and similar letter dated 29.09.2021 as a reason for refusal of documents presented for registration.
5. On the other hand, learned Assistant Government Pleader for Revenue appearing for respondents placed on record written instructions dated 16.10.2025 received from Deputy Collector and Tahsildar and submitted that the subject land is a prohibited property under Section 22(A) of 3 JAK,J W.P.No.15655_2021 the Registration Act, 1908 (for short, 'the Act') and the same is referred to in the letter No.E1/4483/2024 dated 15.03.2025 of District Collector, Ranga Reddy.
6. It is further submitted that in the present writ petition, challenge is made only to the letter dated 18.06.2021 i.e., intimation of refusal for registration. That respondents are at liberty to invoke the provisions of the Act, pursuant to the letter No.E1/4483/2024 dated 15.03.2025 of District Collector, Ranga Reddy.
7. Heard learned counsels, perused the record and considered the submissions.
8. Petitioner purchased House No.2-41/52, on plot No.52, admeasuring 200 sq. yards or 167.2 sq. meters, along with built-up area of 200 sq. Feet, in Sy.Nos.41/12 and 41/13, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, from one Mr. Niranjan Reddy. Petitioner averred that he presented sale deed before respondent No.4 on 17.06.2021 and the sale deed was refused for registration vide intimation of refusal dated 4 JAK,J W.P.No.15655_2021 18.06.2021 (Ex.P2-page No.20). The contents of the intimation of the refusal are as follows:
"It is hereby informed that the document which was in the nature of Sale Deed executed by Sri Niranjanreddy Resident of Hyderabad in favour of Sri Mattapally Nikhil residents of Hyderabad, alienating all that the H.No.2-41/52 on Plot No.52 admeasuring 200 Sq.yards in Survey No. 41/12 and 41/13 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District and presented before the Joint Sub Registrar II RO (OB) Ranga Reddy District and admitted as document No. P.753/2021 has been refused Registration for the following reasons:
"As Per the list furnished by District Collector Ranga Reddy Vide Lr.No.E5/2825/2021 Dated 10-06-2021, the land in Survey No.41/12 and 41/13 is declared as Government Land under Section 22-A(1)(b) of Registration Act, 1908 and as prohibited for registration."
"As per the list of properties sent by the Deputy Collector and Tahsildar, the property in Survey No. 41/12 and 41/13 in Khanamet Village, Serilingampally Mandal, RR District is categorized as assigned land to Syed Phakeeraiah and Sri Syed Hussain respectively under Sec 5(2) of The Telangana Assigned Lands (Prohibition of Transfers) Act 1977 vide Letter No.B/1751/2017 dated 16-06-2017."
The refusal order has been passed by the undersigned on 18-06-2021. A copy of it will be given to the party upon application to the undersigned.
An Appeal against the Refusal Order lies to the District Registrar, Ranga Reddy within thirty (30) days from the date of refusal order." 5
JAK,J W.P.No.15655_2021
9. On a perusal of the intimation of the refusal letter of Joint Sub Registrar, it is observed that refusal is pursuant to the letter of District Collector dated 10.06.2021 with respect to land in Sy.Nos.41/12 and 41/13, being declared as Government land under Section 22(A)(1)(b) of the Act.
10. W.P.No.16109 of 2024 was filed seeking the following relief:
"...to issue an order or orders or direction or writ more particularly one in the nature of WRIT OF MANDAMUS. declaring the action of the 2nd respondent in issuing proceedings Lr.No.E5/2825/ 2021, dated 10.06.2021 in respect of land in Sy.No.41/5 of Khanamet Serilingampally Mandal, Ranga Reddy District as illegal, arbitrary, highhanded, without authority and jurisdiction and consequently direct the 4th respondent to receive, register and release the sale deed presented by the petitioner in respect of Flat bearing No.405 in 4th floor of Vintage Heights admeasuring 1175 sft with undivided share of 54 Sq.yards situated at H.No.2-56/VH/405, Sy.No.41/5 of Khannamet Village, Serilingampally Mandal, Seriligampally Municipality, Ranga Reddy District without reference to the Lr.No.E5/2825/2021 dated 10.06.2021 issued by the 2nd respondent in the interests of justice."
11. Learned Single of this Court by order dated 19.07.2024 directed the respondent authorities to receive and register the documents presented by the writ 6 JAK,J W.P.No.15655_2021 petitioners in W.P.No.16109 of 2024. The following is the relevant portion of the order of the learned Single Judge:
"13. As such, the letter dated 10.06.2021 in Lr.No.E5/2825/2021 and the similar letter dated 29.09.2021 in which reference of letter dated 10.06.2021 was made, are only letters submitted by District Collector, Ranga Reddy District to District Registrar, Registration & Stamps Department, Ranga Reddy District for taking further necessary action and that cannot be the basis for refusal for registration of the subject property. It is also pertinent to note that subsequently, no notification was issued by respondent authorities with respect to the list of lands mentioned in the letter dated 10.06.2022. In view of the same, letter dated 10.06.2021 in Lr.No.E5/2825/2021 and the similar letter dated 29.09.2021 submitted by District Collector, Ranga Reddy District to District Registrar, Registration & Stamps Department, Ranga Reddy District are not in consonance to the provisions of Section 22-A of the Act and 22(A)(1)(e) and Clause (vi) of the guidelines and the same cannot be referred for the purpose of denying registration of the subject properties. Consequently, reference made vide Lr.No.E5/2825/2021, dated 10.06.2021 and similar letter dated 29.09.2021 are per se illegal, arbitrary and bad in law and are hereby set aside and writ petition stands allowed. Registering Authorities are directed to receive, register and release the sale deed presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse to register the subject document, by specifically assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner.7
JAK,J W.P.No.15655_2021
14. Needless, to state that respondent Authorities shall scrupulously follow the directions and shall not further refer to the Lr.No.E5/2825/2021 dated 10.06.2021 and similar letter dated 29.09.2021 as a reason for refusal of registration and Registering Authorities shall verify the same before denying the registering on the similar ground which has already been addressed in this writ petition. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law."
12. On a perusal of the order of learned Single Judge, it is observed that letter dated 10.06.2021 was under
challenge in W.P.No.16109 of 2024 and learned Single Judge of this Court, after considering the entire factual matrix of the case, vide order dated 19.07.2024, directed the authorities to receive and register the documents presented.
13. Having perused the order of the learned Single Judge, this Court is not inclined to take a different view.
14. Having considered the entire factual matrix of the case, the order of the learned Single Judge and the written 8 JAK,J W.P.No.15655_2021 instructions, this Court is of the considered opinion that the writ petition deserves to be allowed.
15. It is brought to the notice of this Court that pursuant to the directions of this Court, document was presented by petitioner and the same has been registered.
16. In view of the submissions made across the Bar that the document presented has been registered by the office of Sub-Registrar, this Court is of the view that no further orders are required to be passed in this writ petition.
17. Be that as it may, written instructions, dated 16.10.2025 signed by the Deputy Collector and Tahsildar, has been placed on record. The following are the contents of the written instructions:
"Sri. Mattapally Nikhil has filed a Writ Petition before the Hon'ble High Court seeking directions to declare the Ex P1 letter bearing Lr.No E5/2825/2021 dated 10/06/2021 issued by 2nd respondent as illegal arbitrary and without jurisdiction and contrary to the provisions of the Registration Act 1908 and set-a-side the same and consequently direct the 4th respondent herein to receive register and release the Sale deed presented by the petitioner in respect of House No 241/52 on Plot bearing No 52 admeasuring 200 Square Yards or 167 2 Square Meters along with Built-up area of 200 Square Feet A CC in Survey Nos41/12 and 9 JAK,J W.P.No.15655_2021 41/13 situated at Khanamet Village GHMC Serilingampally Circle Serilingampally Mandal Ranga Reddy District without reference to Letter bearing Lr No E5/2825/2021 dated 10/06/2021 issued by the 2nd respondent and pass orders.
It is submitted that as per the Wasool Baqui the old Sy. No.55 corresponding to New Sy.No.41 extent Ac.252.24 gts., is classified as Poramboke and as per Sethwar the land in Sy.No.41 extent Ac.252.24 gts., is classified as Poramboke and belongs to Government. Further, it is submitted that in 1962 the land in Sy.No.41 is for an extent of Ac.47.00 gts., agriculture assigned to (13) persons. Later an extent of Ac. 25-11 gts has been assigned to (5) Persons.
Further, it is submitted that as verified from the documents it is evident that the land in Sy.No.41/12 admeasuring Ac.8-00 gts has been assigned to one "Fakheeraiah" and Sy No.41/13 admeasuring Ac.4-00 gts has been assigned to one "Hasan Hussain" and the names of the assignees have been brought on record. Later, it has come to notice that Assignee/LR of assignee have sold out the said assigned land in contravention of the assignment rules. The purchasers of the said Government assigned land, have developed the same into residential layout illegally and sold out to various persons against the rules.
The instant Writ Petition has filed this WP seeking for process of registration document in respect of House No 241/52 on Plot bearing No 52 admeasuring 200 Square Yards in Survey Nos 41/12 and 41/13 situated at Khanamet Village Serilingampally Mandal which has been earlier assigned to "Fakheeraiah" and "Hasan Hussain"
and the said assigned lands has been sold out by Assignees/LR Assignees in contravention of the assignment rules. As such, the act of transfer of Assignment land is prohibited under the provisions of AP(TS) Assigned Lands (Prohibition of Transfer) Act, 1977. As such, in order to protect the interest of Government, as per the directives of the Hon'ble 10 JAK,J W.P.No.15655_2021 High Court passed in Writ Appeals bearing No. 343/2015, 232/2012 and 352/2013 dated. 23.12.2015 and also in various Writ Petitions as concerned, the official respondents have taken action to include the subject land in list of prohibitory property U/s. 22-A of Registration Act, 1908 in earlier events and also latest by Lr No E1/4483/2024 Dt. 15.03.2025 of District Collector, Rangareddy.
Keeping view of the above, the subject land in question is Government land and process of registration documents and constructions over the subject lands by the third parties are strictly prohibited and granting permissions in respect of said subject lands are not considered, in the interest of Government. The Writ Petitioner herein filed this WP seeking process of registration document in respect House No 241/52 on Plot bearing No 52 admeasuring 200 Square Yards in Survey Nos 41/12 and 41/13 situated at Khanamet Village Serilingampally Mandal.
Hence the Writ Petitioner herein filed this WP with a malafide intention to grab the valuable land under guise of House No 241/52 on Plot bearing No 52 admeasuring 200 Square Yards in Survey Nos 41/12 and 41/13 situated at Khanamet Village, has filed this instant WP and the same is liable to be dismissed."
18. Basing on the contents of written instructions, learned Assistant Government Pleader contended that a new list of prohibited properties has been communicated to the office of Sub-Registrar vide letter No.E1/4483/2024 dated 15.03.2025 by the District Collector, Ranga Reddy and respondent authorities be granted liberty to act in 11 JAK,J W.P.No.15655_2021 accordance with law with respect to the properties which are listed in the letter dated 15.03.2025, communicated to the Sub-Registrar. Needless to state that respondent authorities are not precluded from taking any steps in future in accordance with law.
19. For reasons aforesaid, the Writ Petition is allowed "qua" the writ petitioner, "qua" the prayer. No order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_____________________________ ANIL KUMAR JUKANTI, J Date: 23.10.2025 KRR 12 JAK,J W.P.No.15655_2021 THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.15655 of 2021 Date: 23.10.2025 KRR