Telangana High Court
Thota Sandeep vs The State Of Telangana on 9 June, 2025
THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR
WRIT PETITION No.34835 of 2024
ORDER:
The present Writ Petition is filed aggrieved by the action of respondent No.3 i.e., the Sub Registrar, Ramagundam Mandal, Peddapalli District in refusing to register and release the Sale Deed Pending Document bearing No.P.14/2024 dated 01.10.2024 vide Intimation of Refusal No.07/2024 dated 10.10.2024 in respect of all that the Residential Open Plot in Sy.No.42 to an extent of 200 Sq. Yards Near H.No.6-2-Po0002, situated at Power House Colony, SCCL Quarters Internal Road Locality, Godavarikhani of Malkapur Revenue Village, within the limits of Municipal Corporation Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District Karimnagar, Sub-District, Ramagundam on the basis of G.O.Ms.No.118 Revenue Registration Department, dated NVSK,J W.P.No.34835 of 2024 2 28.10.2020 and Memo No.G3/3247/2018 Dated 01.05.2019 issued respondent No.2.
2. Heard Sri Katika Ravinder Reddy, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3. Perused the record.
3. Facts in brief as stated in the Writ Petition are as follows:
Petitioner's vendor by name Mr.Kotha Raji Reddy purchased land admeasuring Ac.1-10 gts., in Sy.No.42 of Malkapur Sivar, Godavarikhani, Ramagundam Mandal of Peddapalli District by way of simple sale deed and thereafter filed a Civil Suit against his vendors which was decreed vide O.S.No.1784 of 1989 before the District Munsiff Court at Sultanabad in favour of petitioner's vendor. Thereafter petitioner's vendor paid the stamp duty and penalty through the SBI CC Branch, Karimnagar and obtained the proceedings order through NVSK,J W.P.No.34835 of 2024 3 File No.G1/457/2021 dated 11.02.2021. The vendor of the petitioner had delivered physical possession of land before the elders to an extent of Ac.00-30 gts., out of Ac.1-00 gts., in Sy.No.42 of Malkapur Sivar, Godavarikhani, Ramagundam Mandal of Peddapalli District to one Mr.Jangapelli Ravinder and received sale consideration. Thereafter the said Mr.Jangapelli Ravinder has approached the Legal Services Authority by way of Pre Litigation Case against the vendor of the petitioner vide P.L.C.No.210 of 2020 and the same was compromised by way of Award passed by an order dated 27.02.2021 in terms of compromise. The petitioner's vendor has executed a registered General Power of Attorney in favour of Mr.Jangapelli Ravinder vide document bearing No.2163 of 2021 dated 19.02.2021.
4. It is further submitted that due to the personal and family necessities, the vendor of the petitioner had offered to sell the aforesaid property through his General Power of Attorney Mr.Jangapelli Ravinder and on coming to NVSK,J W.P.No.34835 of 2024 4 know the same, petitioner approached his vendor to purchase the said property and his vendor has executed a sale deed in favour of the petitioner which was presented before respondent No.3 for registration. However, respondent No.3 has refused to register the said sale deed and assigned pending document bearing No.P.14/2024 dated 01.10.2024 vide intimation of refusal bearing No.07/2024 dated 10.10.2024 for the following reasons:
"There is no any Nala conversion certificate nor approved lay out orders and as per the G.O.Ms.No.118 Revenue (Registration) Department, dated 28.10.2020 the Tahsildars are appointed as Joint Sub Registrars to register the agriculture lands.
That the Commissioner and Inspector
General (R&S) Department Memo
No.G3/3247/2018 dated 01.05.2019 has
instructed that whenever huge lands are showing in Square yards and sought to registration the Sub-Registrar invariably refer web land (Dharani Portal) and find out the real owners as per NVSK,J W.P.No.34835 of 2024 5 revenue records and insist upon NALA conversion certificate of agricultural land into non agriculture land issued by the competent authority.
Therefore the document is refused to registration under Section 71 of Registration Act, 1908."
5. The learned counsel for the petitioner submits that as per G.O.Ms.No.118 Revenue Registration Department, dated 28.10.2020, respondent No.3 was seized with power to execute the lands which are in agriculture and respondent No.3 failed to verify that the subject lands which are sought for registration are non-agriculture lands under Square yards basis but not in acreage and as such the first objection is not tenable and so far as the 2nd objection is concerned, learned counsel submits that the Dharani records clearly shows that the land in Sy.No.42 was converted into house sites and plots as such the question of getting Nala conversion and getting registration before the Tahsildar as per G.O.Ms.No.118 Revenue Registration Department, dated 28.10.2020 and NVSK,J W.P.No.34835 of 2024 6 Memo No.G3/3247/2018 Dated 01.05.2019 issued respondent No.2 is unwarranted.
6. Learned counsel would further submit that respondent No.3 ought to have verified the online record of Darani web land in respect of land in Sy.No.42 which clearly speaks about the nature of the land i.e., houses / house sites and that the subject property is situated in Urban agglomeration. In view of the same, 2nd objection is also not tenable.
7. That apart the petitioner has also obtained information under the Right to Information Act from the Revenue Authority i.e., the Tahsildar, Ramagundam by way of Memo dated 19.09.2023 wherein it was informed that the land in Sy.No.42 was converted into house sites. In this factual backdrop, learned counsel submits that the action of respondent No.3 is contrary to the provisions of the Registration Act and that there is no prohibition in respect of the subject land for registration and that the NVSK,J W.P.No.34835 of 2024 7 entire revenue records clearly speaks that the land is in the nature of house sites as such insisting the petitioner and his vendor to comply with G.O.Ms.No.118 Revenue Registration Department, dated 28.10.2020 and Memo No.G3/3247/2018 Dated 01.05.2019 issued respondent No.2 is per se illegal and arbitrary.
8. Learned counsel for the petitioner further submits that as per Revenue records 2020, the subject land has been shown as house sites and the status of land has already been changed to agriculture to non-agriculture, hence the provisions of the Telangana Rights in land and Pattedar Pass Books Act, 2020 do not apply and that even otherwise as per G.O.Ms.No.118 Revenue Registration Department, dated 28.10.2020, the lands are within the limits Municipal Corporation Ramagundam, Ramagundam Mandal, Peddapalli as such respondent No.3 has got jurisdiction to entertain registrations. It is further submitted that in similar circumstances, this Court passed several interim orders and that the present NVSK,J W.P.No.34835 of 2024 8 Writ Petition also stands on the same footing and prays this Court for granting similar relief.
9. A counter has been filed by respondent No.3 on behalf of respondent Nos.1 and 2 on the basis of available records. It is submitted that on verification of the contents of the document, it was noticed that the link document in General Power of Attorney vide document No.2163 of 2021 was registered at SRO, Peddapalli before creation of new SRO, Ramagundam. The said document was executed by Principal Sri Kotha Rajireddy in favour of General Power of Attorney Agent Sri Janapalli Ravinder wherein the principal acquired the property through O.S.No.1784 of 1989 court decree from the Munsiff Court, Sultanabad and the same is impounded by the then District Registrar, Karimnagar vide Proceedings bearing No.G1/467/2021 dated 08.02.2021 for collection of deficit stamp duty under Sections 40 and 42 of the Indian Stamp Act and as per the proceedings, it was observed that the property belongs to agriculture land to an extent NVSK,J W.P.No.34835 of 2024 9 of Ac.1-00 gts., situated at Janagoan Village, Ramagundam and the then District Registrar collected the stamp duty for agriculture land and the same is mentioned in the General Power of Attorney document. However, the said document is registered under 3630 Sq. yards out of Sy.No.42 situated at Malkapur village.
10. It is further submitted that as per the contents of O.S.No.1784 of 1989, the proceedings issued by the District Registrar, Karimnagar vide Proceedings No.G1/467/2021 08.02.2021 and PLC No.210 of 2020 dated 27.02.2021 were presented before the registering authority by the executing party for verification and on verification, it was observed that neither NALA conversation certificate nor approved lay out orders were filed and as per G.O.Ms.No.118 Revenue Registration Department, dated 28.10.2020, the Tahsildars are appointed as Joint Sub Registrars to register the agriculture lands.
NVSK,J W.P.No.34835 of 2024 10
11. It is further submitted that on perusal of Award dated 27.02.2021 in PLC No.210 of 2020, it is observed that the petitioner therein Mr.Jangapalli Srinivas @ Ravinder filed a suit against his vendor Mr.Kotha Rajireddy wherein the Legal Services Committee, Ramagundam issued others sating that the petitioner therein is the owner and possessor of land admeasuring Ac.0-30 gts., out of Sy.No.42 situated at Malkapur village, Godavarikhani and the legal heirs of the respondents is not having any right or ownership over the land to that extent and that the executing party Mr.Kotha Rajireddy nowhere cited in the document either in General Power of Attorney document nor in sale deed had not mentioned regarding PLC No.210 of 2020 dated 27.02.2021.
12. It is further submitted that the General Power of Attorney document was registered on 19.02.2021 wherein the executing party Mr.Kotha Rajireddy registered land admeasuring Ac.0-30 gts., out of Sy.No.42 situated at Janagoan village and the Legal Services Committee, NVSK,J W.P.No.34835 of 2024 11 Ramagundam issued orders in favour of petitioner (General Power of Attorney agent of document No.2163 of 2021) on 27.02.2021 which means that the principal had executed the land in favour of General Power of Attorney agent before the orders issued by the Legal Services Committee, Ramagundam. It is further submitted that as per the decree in O.S.No.1784 of 1989 wherein the subject property falling in Sy.No.42 admeasuring Ac.1-00 gts., situated at Jangoan village (as per the contents of General Power of Attorney Document) and the document is presented as Sy.No.42 admeasuring 200 Sq. yards situated at Malkapur village (as link General Power of Attorney document No.2163 of 2021). It is further submitted that as per G.O.Ms.No.118 dated 28.10.2020, the Tahsildars are appointed as Joint Sub Registrars to register the agriculture lands and that in terms of Memo bearing No.G3/3247/2018 dated 01.05.2019, the Commissioner and Inspector General (R&S) Department instructed that whenever huge lands are showing in NVSK,J W.P.No.34835 of 2024 12 square yards and sought for registration, the Sub- Registrar invariably refer web land (Dharani Portal) and find out the real owners as per revenue records and insist upon NALA conversion certificate of agriculture into non- agriculture land issued by the competent authority and as such respondent No.3 is not authorized to register the agriculture property which do not fall within their jurisdiction. In view of the same, the subject document is refused to register under Section 71 of the Registration Act, 1908.
ANALYSIS AND CONCLUSIONS:
13. Petitioner's vendor Mr.Kotha Raji Reddy claims to have purchased the subject land admeasuring Ac.1-10 gts., in Sy.No.42 of Malkapur Sivar, Godavarikhani, Ramagundam Mandal of Peddapalli District by way of simple sale deed and thereafter got filed a Civil Suit against his vendors which was decreed by the District Munsiff Court at Sultanabad vide O.S.No.1784 of 1989 by an order dated 10.04.1990 in his favour.
NVSK,J W.P.No.34835 of 2024 13 Thereafter petitioner's vendor paid the stamp duty and penalty and the same was impounded vide proceedings issued by the District Registrar, Karimnagar on 08.02.2021 on collection of deficit stamp duty under Sections 40 and 42 of the Indian Stamp Act. A perusal of decree dated 10.04.1990 in O.S.No.1784 of 1989 would reveal that, it is a suit filed for declaration of title in respect of land in Sy.No.42 admeasuring Ac.1-00 gts., inter alia Ac.30-01 gts., situated in Shivar of Godavarikhani village of Ramagundam mandal which is an agricultural land and whereas in the General Power of Attorney link document No.2163 of 2021 in the schedule of property, is mentioned as registered under 3630 Sq. yards out of Sy.No.42 situated at Malkapur village. It appears that in the suit, O.S.No.1784 of 1989, the defendants filed a consent written statement admitting the suit claim and the said suit of the plaintiff was decreed declaring the plaintiff as absolute owner and possessor of the subject land. It is pertinent to note that NVSK,J W.P.No.34835 of 2024 14 in the said suit, the defendants appeared by way of consent and the Trial Court has neither gone into the merits of the case nor title of the defendants and the suit was decreed without proper evidence and it is only based on the consent written statement. The trial Court ought to have verified the title of the defendants who have executed the un-registered sale deed in favour of Mr.Kotha Rajireddy - plaintiff in the suit. In view of the same, the said decree dated 10.04.1990 in O.S.No.1784 of 1989 appears to be collusive.
14. The petitioner's vendor has executed a registered General Power of Attorney in favour of Mr.Jangapelli Ravinder vide document bearing No.2163 of 2021 dated 19.02.2021. Thereafter the said Mr.Jangapelli Ravinder had approached the Legal Services Authority by way of Pre Litigation Case against the vendor of the petitioner vide P.L.C.No.210 of 2020 and the same was compromised by an Award dated 27.02.2021 passed under Section 21 of Legal Services Authority Act, 1987.
NVSK,J W.P.No.34835 of 2024 15 The respondents i.e., Mr.Kotha Raji Reddy - plaintiff in O.S.No.1784 of 1989 has agreed in the terms of compromise wherein in the Award dated 27.02.2021, it was recorded that an amount of Rs.10,00,000/- has been received by the respondents and they are ready to execute the registered sale deeds in favour of the petitioner. In the writ affidavit, it has been submitted that only physical possession of land admeasuring Ac.0-30 gts., has been given to Mr.Jangapalli Ravinder who is petitioner in PLC.No.210 of 2020.
15. However, in the award dated 27.02.2021 the petitioner i.e., Mr.Jangapalli Srinivas @ Ravinder is recorded as the owner and possessor of the land to an extent of Ac.0-30 gts., in Sy.No.42 of Malkapur Sivar, Godavarikhani, Ramagundam mandal of Peddapalli district and the respondent therein (executing party Kotha Raji Reddy) was ready to execute and register the sale deed in favour of the petitioner therein. It is further NVSK,J W.P.No.34835 of 2024 16 recorded that the respondents and his legal heirs do not have any right or ownership over subject land.
16. On a careful examination of the said proceedings and as rightly observed by the respondent No.3, the executing party Sri Kotha Raji Reddy no where in the documents either in the General Power of Attorney document dated 19.02.2021 or in the sale deed document dated 01.10.2024 (pending document No.P14 of 2024) had mentioned regarding the proceedings in PLC No.210 of 2020. It appears that the vendor of the petitioner is not having clear title and even as per the said decree dated 10.04.1990 in O.S.No.1784 of 1999, his title is not in full proof and the compromise recorded in P.L.C.No.210 of 2020 dated 27.02.2021, no details of GPA Document dated 19.02.2021 was mentioned and the records do not source any valid title of both petitioner and respondents therein. As such the submissions made by petitioners lacks merits.
NVSK,J W.P.No.34835 of 2024 17
17. Before going into the other aspects of the refusal order dated 01.10.2024 on the basis of G.O.Ms.No.118 Revenue Registration Department, dated 28.10.2020 and Memo No.G3/3247/2018 Dated 01.05.2019, this Court while exercising extraordinary jurisdiction under Article 226 of Constitution of India has to ascertain the bonafides of the petitioner. In view of the disputed questions of fact and since the very title of the parties through which the petitioner now derives title by way of registration of pending document No.P14 of 2024 is not clear and the conveyance of the title by way of terms of compromise recorded in Award dated 27.02.2021 vide P.L.C.No.210 of 2020 is also not proper, this Court is of considered opinion that the respondents considering the disputed facts on the subject document i.e., P14 of 2024 had rightly passed the refusal order as per Section 71 of Registration Act, 1908. The refusal order warrants no interference. For the reasons stated above, this writ NVSK,J W.P.No.34835 of 2024 18 petition is devoid of merits, fails and is liable to be dismissed.
18. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_________________________________ JUSTICE N.V. SHRAVAN KUMAR June 09, 2025 PN NVSK,J W.P.No.34835 of 2024 19 THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.34835 of 2024 June 09, 2025 PN