Zakiya Begum Vs The State of Telangana

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HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE^{TWELFTHDAY OF FEBRUARY} TWO THOUSAND^{AND TWENTYFIVE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE N,V.SHRAVAN KUMAR}

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WRIT PETITION^{NO: 1444 OF 2025}

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Between:

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Zakiya Begum,^{D/o Late Mohd Osman, A^ge^d-about 59 Years' Ogcupation'} Aoriculture.^{perrane*nl?ieiiJ"ntotH t,to. /-3-St0l+e,Amberpet,Hyderabad,} TElanoana. Pincode.^{50001 3.}

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2 H;#''6#;;."^{D/" Zr[iva- eegu,,} As"!^q!o't^{30 Yearsoccupation}

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. Aoricutture.^{permanelnfnesiaeni ot H N6 2-3-510/43.Amberpet, Hyderabad.} T6langana, Pincode 500013

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...'ET.T'ONERS

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AND

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The State of^{Telangana,Rep by the Principal} ,Secretary'^{Department of} neqiitration and^{Siamps,S6cr6tarrat,HyderablC}

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2 i;; s;[rR;d;fu;,^{v;a;'s"isuua.office of the Sub-RegistrarYadasirisutta} Telangana.

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a ine olstrict^{Registrar, Nalgonda, office of the District Registrar,Nalgonda,} Telangana

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'..RESP.NDENTS

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Petition under Article^{226 oI the constitutionof lndia praying that in the} circumstances^{statedin the affidavit filed therewith' the High Courtmay be} pleased to issue a Writ^{or order or direction more particularlyone in the nature} writ of Mandamus^{declare the action of 2nd respondentin passingthe Refusal} order No. o5t2o24 dated ,1 B' ,l ,1 .2024' as illegal, arbitrary, and without jurisdiction andunconstitutionalandconsequentlysetasidetheRefusalorderNo.0Sl2024 datedlB.'ll.2024bydirectingthe2ndrespondent/Sub-Registrar'Yadagirrgutta' to receive and^{process the registration in General Power of Attorneydeed in} Pending Document^{No.4Bl2O24 presented by the petitioner'}

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lA NO:^{1oF 2025}

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. Petition under^{Section 151 CPC prayingthat in the circumstances statedin} the affidavit^{fired in support of the petition,the Highcourt may be preased to direct}

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the 2nd respondent, to receive and process the registration of pending Document No. 4812024 without insisting on the production of land conversion documents, pending disposal of the above writ petition.

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Counsel for the Petitioners: SRI N.RAVI PRASAD Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE IIONOURAEILE SRI JUSTICE N.V.SHRAVAN KUMAR PETITI ON No 1444 of 5 ORDER:

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This writ petition has been fiied seeking to issue a Writ or Order or Direction more par-ticurarry one in the nature writ of Mandamus declaring the action of 2nd respondent in passing the Refusar order No.05/2024 dated 18.11.2024 as illegal arbitrary and without jurisdiction and unconstitutional and consequently, set_aside the , Refusal Order No.OS/ 2024 dated 1g.71.2024 by directing the 2nd respondent/ sub-Registrar, Yadagirigutta to receive and process the registration in General power of Attorney deed in pending Document No.48/2024 presented by the petitioner.

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2 The facts in brief are that the petitioners claims to be joint owners of proper$r situated at Sharajipet Village, Alair Mandaj, Yadadri Bhongir District. The petitioners executed General power of Attorney (GPA) deed in favour of M/s. Guntas ReaJt5r, represented by its Managing partner for the purpose of managing the schedule property. On 18.11.2O24, the Sub_Registrar, yadagirigutta refused to register the document vide Refusal Order No.OS/ 2024 citing non_ production of original land conversion copies, as the sole ground for refusal. Questioning the same, the present writ petition is filed.

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Learned counsel for the petitioners submitted copies of the original documents i.e., 1) 1-B Namuna (ROR), dated 31.OS.2Olg, 2)

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Death^{Certifrcate, dated 22'O8 '2023 '3) Family members certi-{icate '} dated^{27.1O'2O22'lMarket Value Assistance'dated 23'lO'2O24'5</sup> Aadhar^{Card, dated 2S'12'2012' 6) Pan Card dated O2'O5'2O18'7l} prohibited properties^{List (22A), B) copy of General of Attorneywith} (Sale Power)^{in pending documentNo'45I2024 '-dated 23'10'2024'9)} Copy^{of Generalof Attorney with (Sale Power) in pending document} No.4612024,^{dated,23.|o.2o24, ,o| Copyof General of Attomeywith} (SaIe Power)^{in pend'ing documentNo'47 12024' dated' 23' 10'2O24' LL)} Copy^{of General of Attorney with (Sa1e Power) in pending document} dated^{23.10.2O24,l2lPendingdocumentNo'45 I 2024} No.4al2024' refusalorderNo'O212024'13)Pendingdocument along^with No.4612024^{along with refusaiorder} '^{03l2024'14) Pendingdocument} No.47 12024^{along with refusalorder No'4 12024 '15) Pending} document^{No.aLl2O24a1ong with refusal order No'5/2024(hereinafter} referred^{as "subject documents')'whichare relevant for the purposeof} However,^{the rnain groundfor refusalof} further adjuclication' subject document^{by theSub-Registrar'} registration of^the account of^{non-production oflilnd conversron} Yadagirigutta^{is on} copies. Learned^{counseldraws attention of this Courtto the document} which is for^{appropriatevalueissued' by the Governmentof Telangana'} Starnps ald Registration^{Departmentdownloadedfrom the official} vrzebsite wherein the said lands has been classified as residential and the subject survey number which is sought for registration as per the schedule propertjr in the documents i.e., G.p.A dated 23.10.2 O24, trre}

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said properties in the said survey number has^{been classified as} residential to an extent of lOO square^yards with a^{market value of} Rs.70,000/-. Learned counsel further draws^{attention of this Court} that the petitioner has^paid the^{stamp duty on the basis of extent of} land and challal to that effect^{has also been filed:Now the petitioners} have placed ttre copies ofthe originals^{of subject documents.}

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Learned counsel for the^petitioners further^{submits thatonce} lands itself has been classilied as^{residential, there is no requirement to} r file any land conversion copies for the reason that the government^itself has classified the said lands^{as residentialand however,in support of} his case has placed copies of the^{originaldocuments(subject} documents).

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Learned Assistant Government^{Pleaderappearingfor stamps} and registration submits that appropriate^{orders be passed.}

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In view of the same, since the reasons^{for refusal madeby the} Sub-Registrar, Yadagirigutta is that the^{partieshave not produced the} original land conversion documents,^{however, therespondent} authorities themselves have classilied the subject^{land beingas} residential, at this^point of time^{insisting for productionof originallarrd} conversion documents is un-sustainable.^{That part, the petitionerhas} already paid stamp duty in terms of^{yard basis and cha-llanhas been} Iiled along with material papers, as such^{refusalorder dated} 18.11.2024 is set-aside and this writ^petition is^{disposed of directing}

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the Sub-Registrar, Yadagirigutta/registering authority to consider the documents frled by the petitioners for the purpose of registration and examine the same and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably, within a period of two (2) weeks from the date of furnishing of subject documents by the petitioners, subject to the petitioners comp\ring with the provisions of the Indian Registration Act, 190g, and Indian Stamps Act, 1g99. It is also open to the Registering Authorit5r to refuse to register the subject ,^{document, by specifically assigrringthe reasons in terms} of Section 71 of the Act, 1908 and communicate the said decision to the petitioners.

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7 . 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.

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With these observations, this writ petition. is accordingly disposed of. No order as to costs.

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Miscellaneous applications, if any pending, shall stand closed.

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SD/-K. SRE:E RAMA MURTHY DEFUTY REGISTRAR

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iiTRUE COPY/i

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SECTION OFFICER

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To 1 The Principal Secreta ry, Department of Reqistrat nd Stamps, Secretariat, Hyderabad. State of Tel angana

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2 The Sub-Registrar, Yad agrngutta, Office of the Sub-Registrar, yadagirigutta, Tela ngana

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J Ihe^{District Regrstrar, Nalgonda, Office of the District Registrar,} Nalgonda, Telangana.

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4 One CC to SRI^{N RAVIPRASAD,Advocatg [9P!.CJ..} 5 i#" ddriJcp ron'srnrvrpt^{Aiio nEcrstnAloN,Hish courtfor the} Siaiu oi r"tangana,^{at Hyderabad[OUT]} 6 Two CD^CoPies PSK. BS \w

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HIGH COURT

DATED:12t0212025

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ORDER

WP.No.1444 of 2025