Telangana High Court
Smt Muppidi Ambuja Reddy vs The District Registrar, on 17 October, 2025
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 filed to declare the action of respondent No.2 in refusing to register the sale deed dated 02.06.2011 vide proceedings Refusal No. 255/11 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/s. 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 land to an extent of 400 Sq. yards in Sy.No.74/5 situated at East Maredpally, Secunderabad, and the same was purchased through sale deed dated 02.06.2011 from his vendor G. Renuka Reddy, who has purchased the same from M/s. The Santosh Co-operative Housing Society vide registered sale deed bearing document No.281 of 1996 dated 29.02.1996. 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 sale deed vide proceedings Refusal No.152 of 2007, dated 30.08.2011 with an endorsement that the property mentioned in the document is a prohibitory property under Section 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.23819 of 2025 dated 13.08.2025, wherein, the petitioner has filed 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.19106 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 vide 3 order dated 28.05.2025 disposed of W.P.No.19106 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 provisions 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.167 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 land in Sy.No.74, has been dismissed declaring the land in Sy.No.74 as a private patta land. Aggrieved by the said Judgment of the Special Court, the State Government has preferred writ petition which was finally dismissed by the Division Bench of this Court on 28.05.2025.
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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 all 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 the parties to avail their respective remedies before the competent Civil Court.
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8. 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.
____________________________ GADI PRAVEEN KUMAR, J Date: 17.10.2025 vjb