Allowed

Balkan Sailu Yadav v. The state of Telangan

Telangana HC28 Feb 2023WP/39659/2022

Case brief

AI extract

What is this about?

The High Court of Telangana, in a common order, set aside multiple refusal orders by registration authorities against sale deeds executed by a defunct cooperative society. The court held that refusing registration based solely on generic government letters or a superseded G.O. without a Section 22-A notification under the Registration Act was arbitrary and illegal, directing authorities to registe

What did the court decide?

Set aside all impugned refusal orders; directed respondent-registering authorities to receive returned documents and process for registration within three weeks without reference to the impugned lette

Balkan Sailu Yadav Vs The state of Telangan — Property and Title | Telangana HC (2023)

¶1

[^32s6 ]

¶2

HIGH COURT FOR THE STATE^{OF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

¶3

TUESDAY, THE TWENTY EIGHTH^{DAYOF FEBRUARY} TWO THOUSAND AND TWENTY^THREE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE MUMMINENI^{SUDHEER KUMAR}

¶6

WRIT PETITIO N No.9604 and 9663 of²⁰²⁰ 39659 ot2022.2156, 2208 and 2605 of²⁰²³

¶7

WRIT PETITION NO:9604 OF 2o2o

¶8

Between:

¶9

Mohammad Azeem Ali, S/o Mohammad Nizam Ali, Aged^{about44 yearc,} R/o H.No.12-174, Sri Nagar Colony, Patancheru,^{SangareddyDistrict.}

¶10

...PETITIONER

¶11

AND

¶12

1 The State or Telangana, Rep. by its Principal Secretary Revenue (Registration and Slamps) Department, Secretariat, Hyderabad.

¶13

The Commissioner and lnspector General Registration and Stamps Department, Government of Telangana, M.J.^{Road, Hyderabad.}

¶14

ThA District Registrar, Registration and Stamps Department, Sangareddy District, Sangareddy.

¶15

The Joint Sub Regi5trar-|, Registration and Stamps Department, RO(OB), Sangareddy, Sangareddy District.

¶16

The District Collector, Sangareddy District, Sangareddy.

¶17

...RESPONDENTS

¶18

Petition under Article 226 of the Constitution of lndia^{praying that in the} circumstances stated in the affidavit filed therewith, the High^{Court maybe} pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Certiorari by calling for the records^{relating to and in connectionwith the} 4th Respondents refusal order vide^{Memo.No.16712020,} dL.^{1410512020and} quash the same and further direct the 4th Respondent to register and release^the document P.No.'l 2761201 9.

¶19

)

¶20

lA NO: 1 OF 2O2O

¶21

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 4th Respondent to register document P.No.127612019,^executedon 0311212019, without reference to any instructions issued^{by the Sth Respondent,} including Lr.No.F112051/06, dated 2810112017 and release^{the same to the} Petitioner, pending disposal of the Writ Petition

¶22

Counsel for the Petitioner: SRl. P. ROY REDDY

¶23

Counsel for the Respondents: GP FOR REVENUE

¶24

WRIT PETITION NO: 9663 OF 2020

¶25

Between:

¶26

Mohammed Junaid Ali, S/o. Mohammed^{Azeem Ali, Aged about 23 years,} R/o.H.No.12-1 74, Sri Nagar Colony, Patancheruvu,^{Sangareddy Diskict.}

¶27

...PETITIONER

¶28

AND

¶29

1 The State of Telangana, Rep. by its Principal Secretary^Revenue (Registration and Slamps) Department Secretariat, Hyderabad

¶30

2 the-Commissioner and lnspector General, Registration^{and Stamps} Department, Government of Telangana,^{MJ Road, Hyderabad}

¶31

3 Th; District Registrar, Registration and Stamps^{Department. Sangareddy} District, Sangareddy.

¶32

4 The Joint Sub RegiStrar-'|, Registration^{andStamps Department,RO (OB),} Sangareddy, Sangaredd District.

¶33

5 TheDistrictCollector, Sangareddy^{District, Sangareddy.}

¶34

...RESPONDENTS

¶35

Petition under Article 226 ol^{the Constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Courtmay be} pleased to issue a Writ, Order or Direction more^particularly oneⁱⁿ the^{nature of} Writ of Certiorari by calling for the^{records relating to and in connection with the} 4th Respondents refusal order^{vide Memo No.132/2020 dt. 18.O3.202Oand quash} the same and further direct^{the 4th Respondent to register and releasethe} document P.No.¹ 305/201^9.

¶36

¶37

IA NO |^{1 0F 2020}

¶38

Petition under^{Sectaon1 51 CPC prayingthat in the circumstances statedin} the affidavit^{filed in support of the petition,the High Court may be pleased to direct} the 4th^{Respondenttoregister documentP'No 1305/2019'executedon} 11.12.2019'withoutreferencetoanyinstructionsissuedbythe5thRespondent including^{Lr.No.F112051i06,dt' 28 01 2017and releasethe same to the Petitioner'} pending disposal^{of the WritPetition'}

¶39

Counsel for^{the Petitioner:SRI' P' ROY REDDY}

¶40

Counsel for^{the Respondents: GP FOR REVENUE}

¶41

WRIT PE^{TITIONNO:39659oF 2022}

¶42

Between:

¶43

Baikan sailu^{Yadav,S/o Bikan chandraiah,aggd 43. years, occ F-ustness'} R/oH No.7-9l1 ,^{S.N.Colony,"t'iLli sti"d"i uir'ket'"Ramacnlndrapuram Town and} mandal, Sanga^{Reddy District} ...,ET.TIONER

¶44

...,ET.TIONER

¶45

AND

¶46

The state of^{Telangan,rep. by the Principal Secretary' Revenue Department} Stamos and^{Registration, Secretanat Hyoeraoao'}

¶47

;;ffiili.;;;;;;d^{l nipectoi] cineiii Hegistrarion and stamps D No 5 3e53'} NLamshahi Road'^{Mozamzahi Market, Hyderaoao.} -

¶48

J. itffi id; ;iih;lbiiii^{s Jo:rilg iiiiar-r,'sdngaReddv, Ro (o B) Sanga Reddv} District.

¶49

1. in'.'iil.tri"t^{collector, Sanga Reddv,Sangareddy District} ...RESpoNDENTS

¶50

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesstatedintheafiidavitfiledtherewith,theHighCourtmaybe pleased to ISSUE^{AN ORDER OR A DJRECTIONOR A WRIT ONE lN THE} NATUREoFWRIToFMANDAMUSTHECLARINGThePRoCEEDINGSoFTHE respondents^{hereinin isSuing the proceedings bearing under Meriro No'16112022} dated 23-5-2022^{wilh reference lo P t38312O22 concerning open plot bearing} No.35'l-G block-G^{Sy.No.364 to an extent of 500 Squareyards equalant to 418'06} Sq.meters situated^{at Tellapurvillage at RamachandrapuramMandal' undercity} Municipal limits^{of TellapurMuniciiality'Sanga Reddydistrict' Telangana State} MPP.Ramchandrapuram,Z.P.MedakatSangaReddyRegistrationsub-District Sanga Reddy^{as illegal contrary to law and judicial precedents and consequently} direct the^{respondent to registerand release the P t383t2O22of the petitioner-}

¶51

¶52

lA NO: 1 OF 2022

¶53

Petition under Section¹ 51 CPC^praying that in the^{circumstances statedin} the affidavit filed in support of the^petition, the High^{Court may be pleased to direct} the respondents herein to register and^{releasesale deed document} ,concerning open plot No.351-G block-G Sy.No.364^{to an extent of 500 Squareyards equalant} to 418.06 Sq.meters situated at Tellapur^{village at RamachandrapuramMandal,} under city Municipal limits of Tellapur Municipality,^{Sanga Reddy diskict,} Telangana State MPP.Ramchandrapuram, Z.P.Medak at^{Sanga Reddy} Registration sub-District Sanga Reddy, Under^{pending Doc.No.P138312022.} Counsel for the Petitioner: SRl. RAVISH^KEDIA

¶54

Counsel forthe Respondents: GP^{FOR REVENUE}

¶55

WRIT P ETITION NO: 2156 OF 2023

¶56

Between:

¶57

1 Reddy Tirupathi Reddy, S/o. Reddy^{Penta Reddy, Hindu, Aged about 43} years, Oci. Business, R/o. H.No. 4-59, Teilapur, Ramachandrapuram, Sangareduy District, Telangana State.

¶58

2 Reddy Jaginmohan Redd!, S/o, Reddy Penta Reddy,^{Hindu.Aged about41} years, Occ. Business, R/o. H.No- 4-59, Teilapur, Ramachandrapuram, Sangareddy District, Telangana State.

¶59

...'ET'T,ONERS

¶60

AND

¶61

'l . The State of Telangana, Rep. by its Principal Secretary Revenue . (Registration and Stamp) Department, Secretariat, Hyderabad, Telangana State.

¶62

The Commissioner and lnspector^{General, Registration and Stamp}

¶63

Department, M.J. Road, Nampally,^{Hyderabad, TelanganaState.}

¶64

1. Th; District Reqistrar, Registration^{and Stamp Department, Sanga Reddy,} Sanga Reddy District, Telangana^State.

¶65

TheJoint Sub-Registrar,RO^{(OB), Sanga Reddy,SangaReddyDishict,} Telangana State.

¶66

The D-istrict Collector, Sanga^{Reddy,Sanga Reddy Distribt,Telangana State.}

¶67

...RESPONDENTS

¶68

Petition under Article 226 ol^{lhe Constitution} of^{lndiaprayingthat in the} circumstances stated in the affidavit^filed therewith, the High Court^{may be} pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the Refusal order^passed by the 4th Respondent vide Refusal Order No.49/2017, dated 06-12-2017 as illegal and arbitrary and consequently direct the 4th Respondent to register and release the^Pending

¶69

¶70

¶71

Document P.No,1045/2017, dated 03-11-2017 in respect of Open Plot No.481 of Block-G in Survey No.343 of Tellapur Village, Ramachandrapuram Mandal, Sangareddv District and consequently set-aside the same against the^petitioner. lA NO: 1 OF 2023

¶72

Petition under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to direct the 4th Respondent to register Pending Document P.No.1045/2017,^{presented on} 03-11-2017, without reference to any instructions issued by the Respondents, including Lr.No.F112051/06, dated 28-11-2006 and 28-01-2017, read with G.O.Ms.No.1077, dated 07 -08-2007 and release the same to the Petitionerⁱⁿ respect of Open Plot No. 481 of Block-G in Survey No.343 of Tellapur^Village, Ramachandrapuram Mandal, Sangareddy District,^pending disposal of the Writ Petition.

¶73

Counsel for the Petitioners: SRl. RAJANIKANTH JWALA

¶74

Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION

¶75

WRIT PETITION NO: 2208 OF 2023

¶76

Between:

¶77

Reddy Srinivas Reddy, S/o. Late Sri Reddy Ram Reddy, Hindu, Aged about⁴³ years, Occ: Business, R/o. H.No. 3-68/1, Teilapur, Ramachandrapuram, Sangareddy District, Telangana State.

¶78

..,ET'TIONER

¶79

AND

¶80

The State of Telangana, Rep. by its Principal Secretary Revenue (Registration and Stamp) Department, Secretariat, Hyderabad, Telangana State.

¶81

The Commissioner and lnspector General, Regiskation and Stamp Department, M.J. Road, Nampally, Hyderabad, Telangana State.

¶82

The District Registrar, Registration and Stamp Department, Sanga Reddy, Sanga Reddy District. Telangana State.

¶83

The Joint Sub-Registrar - I, RO (OB), Sanga Reddy, Sanga Reddy^District, Telangana State.

¶84

The District Collector, Sanga Reddy, Sanga Reddy District, Telangana^State.

¶85

...RESPONDENTS

¶86

Petition under Article 226 of the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the High Court^{may be} pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the refusal order^passed by the 4th Respondent

¶87

¶88

vide Memo No.42912022, daled^01-12-2O22 as^illegal and^arbitraryand consequently direct the 4th Respondent to^{register and releasethe Pending} Document P.No.22212.022,^{dated21-03-2022in respect of Plot No.476-Gand} 477-G in Survey No.343 of Tellapur Village, Ramachandrapuram^Mandal, Sangareddy District and consequently^{set-asidethe same againstthe petitioner.} lA NO: 1 OF 2023

¶89

Petition under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^{petition, the High Court may be pleased to direct} the 4th Respondent to register^{Pending DocumentP.No.22212022,presentedon} 21-03-2022, without reference to any^{instructions issuedby the Respondents,} including Lr.No.F112051/06, dated^28-11-2006 and^{28-01-2017,read with} G.O.Ms.No.'l 077 , dated^{07 -08-2007and release the same to the Petitioner in} respect of Plot No.476-G and^477-G in^{Survey No.343} of^{TellapurVillage,} Ramachandrapuram Mandal, Sargareddy^{District, pending disposalof the Writ} Petition.

¶90

Counsel for the Petitioners: SRl. RAJANIKANTH JWALA

¶91

Counsel for the Respondents: GP^{FORSTAMPSAND REGISTRATION}

¶92

wRlT PETITION NO: 2605 OF 2023

¶93

Between:

¶94

Nimmagadda Ranga Rao,^{S/o SubbaRao, Aged about 57 years, Oc-c. Business,} R/o H.No.7-Ml3, lsnapur X Road,^{lsnapur Village,} Sanga Reddy District

¶95

ETITIONER

¶96

AND

¶97

The State of Telangana, Rep.^{by its Principal Secretary Revenue} (Registration and Stamps) Department Secretariat, Hyderabad.

¶98

The Commissioner and lnspector General,^Registration and Stamps Department, Government of Telangana,-M.J.Road, Hyderabad.

¶99

The District Registrar, Registration^{and Stamps Department, Sangareddy} District, SangareddY.

¶100

The Joint Sub Registrar^- l,^{Registration and Stamps Department,RO(OB),} Sanoareddv. Sanoareddv District.

¶101

The"DistriciColbdtor, Sa'ngareddy District, Sangareddy.

¶102

...RESpONDENTS

¶103

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit^filed therewith, the High Court^{may be} pleased to issue a Writ, Order or Direction more particularly one in the nature of

¶104

¶105

Writ of Certiorari by calling for the^records relating to^{and in connection with the} 4th Respondent's refusal order dt.^{18.11.2022 communicatedvide MemoNo.} 4OBI2O22, dt. 18.11.2022 and^quash the^same and^{further direct the 4th} Respondent to register and release the document^{P.No.74212022.} lA NO:^'f OF 2023

¶106

Petitioh under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^{petition, the HighCourt may be pleased to direct} the 4th Respondent to register document^{P.No.74212022,executedon 26.10.2022,} without reference to any instructions^{issuedby the Sth Respondent,including} Lr. No. F112051/06, dt.^28.01 .2017^{and releasethe same to the Petitioner, pending} disposal of the Writ Petition.

¶107

Counsel for the Petitioner: SRl.^{P. ROY REDDY}

¶108

Counsel for the Respondents: GP^{FOR STAMPS AND REGISTRATION}

¶109

The Court made the following:^{COMMON ORDER}

¶110

:!1'::

¶111

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

¶112

WRIT PETITION NOs.96 04 AND 9663 0F 2020 39659 0F 2022 2t56 2208 AND 2605 0F 2023

¶113

COMMON ORDER:

¶114

The issue that arises for consideration in this batch of Writ Petitions is one and the same and hehce, all the matters are being disposed of by this common order. For the sake of convenience, the facts of the case as narrated in W.p.No.9604 of 2O2O are considered, as a full-fledged counter is filed by the respondents in the said Writ Petition. 2. The petitioner in W.P.No.9604 of 2O2O claims to have purchased plot No. 19O-E ('I)rpe-E) admeasuring 410 square yards in Survey No.631 of Patancheru Village and Mandal, Sangareddy District, under a sale deed dated 03.12.2019 and approached the fourth respondent for registering the same and the said document was received by the fourth respondent and was initially kept pending by assigning P.No.t27612O19, but subsequently, the same was refused to be registered by passing the impugned order vide Memo No.167 /2O2O dated 14.O5.2O2O and the reason for refusal of the said document, as mentioned in the impugned order, is as under:-

¶115

"The District Collector, Sangareddy has directed not to entertain any sale transactions on the lands transacted bv the

¶116

¶117

,{,.,...-t:,,r,

¶118

2 MSK,J W.P.NO.9604 0F 2020 AND BATCH

¶119

Industrial Employees Co-op. House Building Society vide^Lr.No. Ft l2o5t l06, Dated 28.or.2017^.

¶120

In view of the above, the pending document bearing No.l276l2Ol9 has been refused the Registration."

¶121

The vendor of the petitioner herein claims to have purchased the said plot under a registered sale deed dated 1O.09.1987 vide document No.76l7 I l9a7 from the Industrial Employees Cooperative House Building Society Limited^(hereinafter referred to as "the Societ5/).

¶122

Similarly in W.P.No.9663 of 2O2O, similar refusal order was passed vide Memo No.132/2O2O dated 18.O3.2O2O^refusing to register the sale deed in respect of plot No. 197^('Ilpe-D1) admeasuring 384.44 square^yards situated in Survey^{No.646 of} Patancheru Village and Mandal, Sangareddy District.^The reason for refusal of the said document is rnentioned^{as under:-}

¶123

"The District Collector, Sangareddy has directed^{not to} entertain any sale transactions on the lands transacted by^the Industrial Employees Co-op. House Building Society^vide Lr.No.F1/2O51106 dt. 28.f1.2OO6 ar:d. 2a.O1.2017^{read with} G.O.Ms.No.1O77 dt. 07 .OA.2OO7. In view of the above, the pending document^bearing No.1305/2019 has been refused the registration."

¶124

In all the other Writ Petitions, which are being disposed of under this common order, also similar refusal orders are^passed on the very same reasons, as noted hereinabove.^{From the} reasons assigned for refusal, as extracted^hereinabove, it^is noticed that the basis for the respondent-registering authorities to refuse to register the sale^deeds in^{question are the letter}

¶125

¶126

MSK,J W.P.NO.9604 0F 2020 AND BATCH

¶127

No.Fl/2051 12006 dated 28.11.2006 and 28.Ot.2017 read with G.O.Ms.No. 1O77 dated 07.O8.2OOZ.

¶128

The third respondent herein hled a detailed counter affidavit wherein it is contended that originally one V.Narayana Rao of Patancheru Village has floated the Society and registered the same on 2O.O4.198O for providing house sites to its members and enrolled as many as 8OO members in the said Society and acquired various extents of lands viz., Government, patta and assigned lands and sold the same by way of plots to its members by executing various registered sale deeds and further stated that several double registrations have also taken place at the instance of the said Society. It is further stated that the Government, having noticed the same, constituted a House Committee in the year 1996 to look after the said irregularities in the registrations insofar as the Government lands situated in Ameenpur Village are concerned and consequently, the Government issued G.O.Ms. No. 1 077 dated 07. OS.2OO7 refusing to regularise the assigned lands purchased by the Society though the same was recommended by the House Committee. The operative portion of the said G.O.Ms.No. 1O77 reads as under:-

¶129

"The Group of Ministers after detailed discussions with the Senior Officers of the Department and also District Collector,

¶130

¶131

¶132

MSK,J W.P.NO9604 0F 2020

¶133

Medak and after^{pursuingthe facts of the caseand also merits of} the representation^{of the Ameenpur, Beeramguda, Naraguda and} Tellapur Plot Purchasers^{welfareAssociationhave made the} following recommendations.

¶134

(a) The request of the^{membersof Ameenpur, Beeramguda,Naraguda} and Teilapur Plot^{PurchasersAssociation for regularizationof the} plots purchased by them from the^{Industrial Employees} -Coop..itir. House Building society Ltd. in so far as the Govt' lands, assigned lands and lands^{belonging to Ex-Servicemanand Freedom} Fighlers which were^{resumed by the RevenueDepartmentfor} viJlation of the^{provisions of A.P. AssignedLands(POT)Act, 1977} (91771 do not deserve any consideration^{and their requestfor} regu larization^{maY be rejected.}

¶135

(b) ttie Patta lands,^{said to have beenacquired by thesaid Society and} registered to the^{membersof the society as reportedby the district} Collector, be handed^{over to the IndustrialEmployeesCooperative} House Building^{Society Ltd.for takingnecessary actionas per the} provisions of the Cooperative^Act.

¶136

Govt. after careful^{examinationhave decidedthat the} request of the Ameenpur,^{Beeramguda, Naraguda,Tellapur Plot} Puichasers Welfare^{Associationfor regular2ationof the plots} purchased by them from^{the said society in so far as Govt. Lands,} assigned lands^{and landsbelongingto ex-Servicemanand} Freetom Fighters do^{not deserveany considerationas it would} violate the^provisions of^{the A.P. Assigned Lards(POT) Act, 1977} Pl77l.^{Accordingly, the request of Ameenpur, Beeramguda,} ilaraguda, Tellapur^{Plot Purchasers Welfare Associationfor} ."golr.ir.tio., submitted^{through theirrepresentationlirst read} above, is hereby^{rejected. In respect of the patta lands, it is} decided that the^{said patta lands acquired by the societybe} handed over to^{the said society for taking necessaryaction as per} the provisions of^{the CooperativeAct inconsultation with} Registrar of Cooperative^{Society,Hyderabad."}

¶137

6 The validity of the^{said G.O.Ms.No. 1O77 dated 07.Oa.2OO7}

¶138

czune to be challenged^{before this Court and a learnedSingle} Judge of this^{Court allowedthe saidbatchof Writ Petitions vide} W.P.No. 19673 of 2006^{and Batch by an order, dated 21.O2.2O14}

¶139

and the operative^{portionof the said order reads as under:-}

¶140

"W.P.Nos.18057, 19723, 27018 of^{2OO7, 4699,9633,} 10206, 119OO,^17033,2O811 and^{24303of 2008, 6351 of 2009,} 16400 of 2010, 16038, 24812^{and 27913of 2011, 212A,20122,} 21155, 21160, 26023, 27207^{and 27822of 2Ql2 are accordingly} allowed to the extent indicated above^{W.P.Nos.25473' 25474}

¶141

5 MSK,J W.P.NO.9604 0F 2020 AND BATCH

¶142

¶143

and 25483 of 2OO7, 7921 of 2OO8, 5799, 7128, 7130, 7t58, 20462,20864 and 20866 of 2009, pertaining to lands assigned to political sufferers/freedom fighters are allowed. W.P.Nos.229l4 and 13002 of 2011 pertaining to private patta lands in Patancheru Village are also allowed. W.P.No.3334 of 2008 and W.P.No.3851 of 2Oi3 are dismissed. W.P.No.19673 of 2006 and W.P.No.38950 of 2OL2 are disposed of. Given the circumstances, there shall be no order as to costs."

¶144

From the above, it is evident that the Writ Petitions pertaining to the patta lands were allowed and also the Writ Petitions pertaining to the lands assigned to political sufferers and freedom fighters were also aliowed.

¶145

Further under G.O.Ms.No.1O77, the Government has only refused to accede to the recommendation made by the House Committee to regularise the Government assigned lands in favour of the members of the Society. The land, which is the subject matter of W.P.No.9604 of 2O2O i.e. Survey No.641 of Patanchru Village admittedly is a private patta land and Government has nothing to do with the same. However, as contended in the counter afhdavit, the Society has become defunct and the District Revenue Ofhcer was appointed as person-in-charge to look into the affairs of the Society and all the lands dealt with by the said Society are stated to have been handed over to the District Revenue Ofl-rcer and thereby, the third respondent herein addressed the letters in the year 2006 as well as in the year 2Ol7 requiring the District Registrar not

¶146

¶147

6 MSK,J W.P.NO.9604 0F 2020 AND BATCH

¶148

to entertain the registrations^{in respectof the lands, which are} sold by the Society in^question.

¶149

It is only basing on the letters addressed^{by the District} Collector, the respondent-registering^{authoritiesare refusingto} entertain registrations in^{respectof plots which wereoriginally} sold by the Society. It^{is not the case of the respondents,that} the lands which are the subject^{matter of refusal orders in this} batch of Writ Petitions,^{are the Government lands or assigned} lands nor there^were any^{notiflrcationsissued notifyingthe} subject plots under Section^{22-A of the RegistrationAct, 1908} ("the Act, 19O8" for brevity). In the^{absence of issuing any} notifications under Section^{22-A of the Act, 1908 and in the} absence of any restraint^{order passed by any competent} authority under law^{restraining the registering authoritiesfrom} entertaining the registrations,^{any action on the part of the} registering authorities to^{refuse to entertainregistrations in} respect of the subject^{plots merelybasing upon the letters} addressed by the third respondent^{herein is totally arbitraryand} illegal. It is not the case of the^{respondent that the plots sold by} the Society in favour of several individuals^{are allthe} Government lands. But in this batch of Writ^{Petitions,the} respondents, without maintaining any distinction^amongthe

¶150

¶151

MSK,J IIr.P.NO.9604 0F 2020 AND BATCH

¶152

Government lands, the private patta lands and the land assigned to freedom fighters, political sufferers etc, which were ultimately converted into plots and sold to several innocent individuals, in an arbitrary manner resorting to refuse registrations in respect of such plots simply basing upon the letters addressed by the third respondent and G.O.Ms.No.1077. As already noted above, G.O.Ms.No.l0TZ was already set aside by this Court in the above referred batch of Writ petitions and no consequential action stated to have been taken to place the report of House Committee on the floor of Legislative Assembly and therefore, any action on the part of the respondent_ registering authorities in refusing registration of documents by referring to the said G.O.Ms.No. 1077 is highly arbitrary and illegal. Further, the District Collector has no authority to address letters to the registering authorities without having proper backing of Section 22_A of the Registralion Act, 19Og. In the cases on hand, it is not the case of the respondents that there was any such reference to Section 22_A of the Act, 190g. It is also not the case of the respondents that any proceedings under the Cooperative Societies Act, 1964 are initiated against the Society in question, so far. Further, it is not the Society which is now executing any documents and the said Societv has

¶153

8 MSK,J W.P.NO.9604 0F 2020 AND BATCH

¶154

admittedly become defunct long back. The Society has already parted with plots in favour of individuals. As such, even if any action intended to be taken against the Society, the same shall have no impact on the plots already parted with by the said Society.

¶155

In the light of the above, the impugned orders passed by the respondents in these batch of Writ Petitions by referring to the letters of the District Collector, Sanga Reddy District i.e. Lr.No.Fl/2051/06 dated 28.11.2006 and 28.O1.2017 and G.O.Ms.No.1077 dated 07 .08.2OO7 are unsustainable and accordingly, they are hereby set aside and consequently, the respondent-registering authorities are directed to receive the returned documents covered by impugned refusal orders in the respective Writ Petitions and process the same for registration without reference to the Lr.No.Fl /2051 /06 dated 28.11.2006 and, 28.01.2017 and G.O.Ms.No. 1077 dated O7.O8.2OO7 ar.d complete the process in accordance with law within a^{period of} three (3) weeks from the date of^presentation of the^returned documents by the respective petitioners and release the^{same in} favour of the respective petitioners, subject to the^said document complying with the requirements of^{the Registration} Act, 19O8 and the Indian Stamp Act, 1899.

¶156

' *.".0,o.T3f;;'o" roro AND BATCH

¶157

1O. Accordingly, all the Writ Petitions are allowed, as

¶158

indicated above.

¶159

There shall be no order as to costs. Miscellaneous

¶160

applications, if any, pending shall stand closed

¶161

That Rule Nisi has been made absolute as above.