Zakiya Begum, Vs The State of Telangana

Zakiya Begum,^{D/o Late Mohd Osman, Aged-about59 Years'Occupation'} Aoriculture,^{p"r.ran"nii"tii6tt ii H i'tb' i-z-sto t tz' Amberpet' Hvderabad'} T6lanqana,^{Pincode 500013'}

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2 HINA-BEGUIv!.^{D/o il[lvl e"g"Age^d^aborrt30 Yearsoccupation} Aoricultur".^{p"rr"n.nifttlfr ;i;f'tj r'to"z-a-s r ol+a Amberpet' Hvderabad} iEtrngan",^{Pincode 500013} ...PETITIONERS

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AND

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1 The State^{of Telangana, Rep by the Principal,Secretary' Depa(mentof}

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, ff^g 3'JB'-S;:,i":qnr?i",1ft^{:i 8l p:ilf, 3 11 o *"n'''ra r Ya d asi ri s utta'} 3. Telanqana.The D'istrict^{Registrar, Nalgonda'Office of the District Registrar' Nalgonda'} ...RESPoNDENTS

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Telangana.

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Petition^{under Article 226 of the Constitutionof lndia praying that in the} circumstances^{statedin the affidavitfiledtherewith' the High Courtmaybe} pleased to^{issue a Writor order or direction more particularlyone in the nature} Writ of^{Mandamus declarethe actionof 2nd respondentin passingthe Refusal} Order^{No. O4t2O24dated18112024 'asillegal' arbitrary' and withoutjurisdiction} and^{u nconstitutionalandconsequentlyset asidethe Refu5al Order No04l2O24} dated^{.18.11.2024 by directingthe 2nd respondent/ Sub-Registrar' Yadagirigutta'} "'"gi't"tion in General Power of Attorney deedⁱⁿ to receive^{and processtt} Pending^{Document No'4112024presentedby the petitioner'}

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IA NO: 10F2⁰²⁵

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IA NO: 10F2⁰²⁵ the^{circumstances statedin} Petition^{under Section 151 CPC prayingthattn} urt may^{be Pleased to direct} the^{affidavitfiledin support of the petition' the High Co}

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the 2nd respondent, to receive and process the registration of pending Document No. 4712024 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 HONOURABLD SRI JUSTICE IY.V.SIIRAYA.IY KUII{AR WRIT PETITION No. 1453of 2025

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ORDER:

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This writ petition has been Iiled seeking to issue a Writ or Order or Direction more particularly one in the nature Writ of Mandamus declaring the action of 2nd respondent in passing the Refusal Order No.O4/2O24 dated 18.17.2024 as illegal arbitrary and without jurisdiction ald unconstitutional ald consequen y, set_aside the ,^Refusal Order No.O4l 2024 dated 18.11.2024 by directing the 2"d respondent/Sub_Registrar, yadagirigutta to receive and process the registration in General power of Attorney deed in pending Document No.47 /2024 presented by the petitioner.

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The facts in brief are that the petitioners claims to be joint owners of propert5r situated at Sharajipet Village, A1air Mandal, Yadadri Bhongir District. The petitioners executed General power of Attorney (GPA) deed in favour of M/s. Guntas Realty, represented by its Maaaging partner for the pulpose of managing the schedule property. On 18.11.2O24, the Sub_Registrar, yadagirigutta refused to register the document vide Refusal Order No.04/2024 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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a !) Learned counsel for the petitioners submitted copies of the original documents i.e., 1) 1-B Namuna (ROR), dated 31.0S.2O18, 2)

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Death^{Certificate,dated 22'Oa '2023 '3) Family members certi{icate'} dated^{27.1O'2O22'4\ Market ValueAssistance' dated23':rO '2024 '5</sup> Aadhar^{Card, dated 28'12'2012'6) Pan Card datedO2'O5'2O18'7)} prohibited, properties^{List (22A),8) copyof General of Attorney with} (Sale Power)^{in pendingdocumentNo'4512O)4''dated' 23'\O'2O24'9)} Copy^{of General of Attorney with (Sale Power) in pending document} No.46l2024,dated^{23'1O'2 O24' LO\ Copyof General of Attomey with} (Sa1e Power)^{in pending documentNo '47 12024' dated 23'70'2024' Ll)} Copy^{of General of Attorney with (Sale Power) in pending document} No. al2024,^{<1ated 23'10'2 O24' 12\ Pending documentNo'4512024} along with^{refusalorder No'o2 12024 '13) Pendingdocument} No.4612024^{along with refusal otder} '^{03l2024'14) Pending document} No.47 12024^{along with refusalorder No'412024'15) Pending} d.ocument^{No.4812024along with refusalorder No'5/2024 (hereinafter} referred^{as "si-rbject documents')'which are relevant for the purposeof} further ad.jutlication'^{However' themain groundfor refusalof} of the^{subject document by theSub-Registrar'} registration is on account^{of non-production of landconversion} Yadagirigutta copies. l,eamed^{counsel draws attention of this Courtto the document} which is for^{appropriate value issuedby the Governmentof Telangana'} starnps a-ted Registration Department downloaded^{ft1m the OIfiCial} websire wrrerein the said rands has been classified as residentiar and the subject su rvey numl which is sought for registration as per the schedule propert5r r., an. It documents i.e., G.p.A dated 23.1O.2 O24, the}

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said properties in the said survey number has been classified as residential to an extent of 100 square yards with a market value of Rs.70,00O/-. Learned counsel further draws attention of this Court that the petitioner has paid the stamp dut5r on the basis of extent of land and challan to that effect has also been filed. Now the petitioners have placed the copies of the originals of subject documents.

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

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karned Assistant Government Pleader appearing for stamps and registration submits that appropriate orders be passed.

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In view of the same, since the reasons for refusal made by the Sub-Registrar, Yadagirigutta is that the parties have not produced the original land conversion documents, however,^.the respondent authorities themselves have classified the subject land being as residential, at this point of time insisting for production of original land conversion documents is un-sustainable. That part, the petitioner has already paid stamp duty in terms of yard basis and challan has been filed along with material papers, as such refusal order dated la)1.2o24 is set-aside and this writ petition is disposed of directing

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the Sub-Registra r, Yadagirigutta/registering authority to consider the documents filed by the petitioners for the purpose of registration and examine the sanre 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 complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1g99. It is also open to the Registering Authority to refuse to register the subject ,^{document,by specificallyassigrring the reasons in terms of Section 71} of the Act, 1908 and communicate the said decision to the petitioners. 7. It is made clear that mere registration of the document does not confer title on the subject propertjr and it is also made clear that this order would not have arly 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. SREE RAMA MURTHY E:I)UTY REGISTRAR

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//TRUE COPY//

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S;ECTION OFFICER

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To I The Principal Secretary, Department of Registratio and Stamps, Secretariat, Hyderabad, State of Telangana

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I The Sub-Registrar, Yadagirigutta, Office of the Sub-Registrar, Yadagirigutta, Telangana. The District Registrar, Nalgonda, Office of the District Regrstrar,^Nalgonda, Telangana.

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4 One CC to^{SRIN RAVI PRASAD' Advocate[OPUC-l} q rwo ccs to GP FoR s iAi/P*s'litio^{n"e-cistnATloN High court for the} " si;i"";i;lrngrna at HYderabad loUTl

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