Kurra Venkateswara Rao Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Kurra Venkateswara Rao Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the stage of admission itself with the consent of both sides: Respondent No.3 directed to receive, register and release pending Document No.P113/2023 dated 18.05.2023 without reference to Intimation of Refusal No.17/2023 dated 20.05.2023, subject to compliance with the Indian Registration Act, 1908 and the Indian Stamps Act, 1899; Registering Authority may refuse on any other objection with duly assigned reasons; miscellaneous petitions, if any, closed; no order as to costs.

Issue for consideration

Whether Respondent No.3's Intimation of Refusal No.17/2023 dated 20.05.2023 - grounded on Files dated 02.07.2005 and 25.09.2013 already set aside by this Court's common order dated 22.03.2024 in W.P.No.9645 of 2021 and W.P.No.26353 of 2023 - should be disregarded and pending Document No.P113/2023 registered and released.

Court's answer

The writ petition is disposed of at the stage of admission with the consent of both sides, directing Respondent No.3 to receive, register and release pending Document No.P113/2023 dated 18.05.2023 without reference to Intimation of Refusal No.17/2023 dated 20.05.2023, subject to the petitioners complying with the provisions of the Indian Registration Act, 1908 and the Indian Stamps Act, 1899; the Registering Authority remains free to refuse the document on any other objection by duly assigning reasons and communicating the same to the petitioner.

Key takeaways

Mere registration of the document does not confer title on the subject property.obiter¶42
The order has no bearing on matters in which the title/rights of the parties are pending before the authorities in revision/appeal or otherwise for adjudication, does not preclude the parties from asserting their rights before a competent court, and there is no order as to costs.obiter¶42

Detailed headnote1 paragraphs

W.P. No. 18895 of 2025 (High Court for the State of Telangana at Hyderabad - Special Original Jurisdiction), disposed of at admission on 03-07-2025 by Justice K. Sarath with the consent of both sides. The Sub Registrar, Quthbullapur (Respondent No.3) had refused, by Intimation of Refusal No.17/2023 dated 20-05-2023, to register and release pending Document No.P113/2023 dated 18-05-2023 (certificate of sale - Plot No.225 Part, 166.66 sq.yds., Sy.No.100, Padma Nagar Colony-II, Block No.49, Quthbullapur), treating the property as in the prohibited-property list under Section 22-A of the Registration Act per Gazette Notification RR No.83 communicated by the Joint Collector, Ranga Reddy (File No.E5/4730/2013/Quthbullapur dt.25.09.2013), File No.B/583/2012 dt.17.02.2012 of the Deputy Collector & Tahasildar, and Gazette Notification No.134 dt.10.03.2005 with G.O.Ms.No.292 Revenue (Registration I) dt.09.03.2005 communicated by the Commissioner and Inspector General (R&S) (File No.G1/4661/2005 dt.02.07.2005). Counsel established that the 02-07-2005 and 25-09-2013 files had already been set aside by this Court's common order dt.22-03-2024 in W.P.No.9645 of 2021 and W.P.No.26353 of 2023 (which found File No.G1/4661/2005 not in accordance with Sections 22-A(1)(e) and 22-A(2) of the Registration Act and clause (vi) of the guidelines issued in the case of Viniamuri Raiagopala Chary a. State of Andhra Prqdeshl, cited at 2016(1) ALTsso (FB) as printed), yet Respondent No.3 reused them; the Assistant Government Pleader conceded the position. The Court directed Respondent No.3 to receive, register and release the pending document without reference to the refusal intimation, subject to compliance with the Indian Registration Act, 1908 and the Indian Stamps Act, 1899, leaving the Registering Authority free to refuse on any other objection with duly assigned reasons; mere registration confers no title, the order has no bearing on pending title/rights adjudications (revision/appeal or otherwise), parties remain free to assert their rights before a competent court, and there is no order as to costs.

[³³⁰² ]

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.SARATH

WRIT PETITION NO: 188{15 OF 2025

Between:

Kurra Venkateswara Rao, S/o Kurra Chalapati Rao, aged about 63 years occ Business Fl/o 48-391, Ganesh Nagar, Chintal, Quthbullapur Mandal, Medchall/alkajg iri District.

Pabbathi Hari Krishna, S/o Pabbathi Ramulu, Aged about 48 years, Oec Business, No 7-9O1l1l2lA, Subhash Nagar, Quthbullapur, rledchal- t\ilalkajgiri District'

..PET',.NERS

AND

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

The District Registrar, Medchal- Malkajgiri District.

The Sub Registrar, Quthbullapur, Medchal- Malkajgiri District.

The Collector, Medchal- Malkajgiri District.

The Tahasildar, Quthbullapur Mandal, Medchal- Malkajgiri District.

..RESPONDENTS

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 of mandamus or any other appropriate writ or order or direction declaring the refusal Order passed by the 3rd Respondent in refusing to register and release the Certificate of Sale of lmmovable Property vide pending document No.P 113/2023 dt 18.05.2023 vide intimation of refusal No.1712023, dated 20.05.2023, on the ground that the petitioners property i.e., plot No.225 Part, admeasuring 166.66 sq Yds, in Sy.No.100, situated at Padma Nagar Colony - ll, Block No.49, situated at Qutubullapur village, Qutubullapur mandal, lvledchal Malkajgiri district, is in Prohibited Property list under 22- A of Registration Act as per the vide Gazette Notification RR No-83 communicated by Joint Collector, Ragna Reddy vide File No. E5/4730/Quthbullapur/Quthbullapur, dt.25.09.2013 and Deputy Collector and Tahasildar, Quthbullapur lVlandal file

No.8/583/2012^{d1.17.O2.2012and Gazette Notification No.134 dt.10.03.2005and} G.O.lMs.No.292^{Reven ue(Registrationl), gth tvlarch' 2005communicatedby} Commissioner and^{lnspector General (R and S), Hyderabad vide File} No.G1/4661/2005^{dl.o2.07.2005,as illegal, arbitrary and unco nstitutrona I and a} consequently^{direct the respondents herein to registerand release the certificate} of sale of^{lmmovable Propertyvide pending DocumentNo.P113/2023 dated} lS.05.2023,bySettingasidethelntimationofRefusalNo,lTl2023dated 20.o5.2023inrespectofplotNo'22[ipartadmeasuringl66.66sqYds,inSyNo 100, situated^{at Padma Nagar Colony- ll, Block No.49, situatedat Qutubullapur} village, Qutubullapur^{mandal' t\rledchal. Malkajgiri district'}

lA NO: 1 OF 2025

Petition under Section^{151 CPC praying that in the circumstancesstated} in the affidavit^{filed in support of thr: petition,the High Court maybe pleasedto} direct the 3rd^{Respondentto register and release the Certificateof Sble of} lmmovable^{Property, vide Pending documentno.P 11312023 dated 18.05.2023} bysuspendingtherefusalorderpzrssedbyrespondentNo.3videintimationof Refusat No..1^{7/2023dated 20.05.2023, inrespect of plot No.225part} admeasuring^{166.66 sq Yds, in Sy No 100, situatedat Padma Nagar Colony- ll'} Block No.49,^{situated at Qutubullapurvillage, outubullapur mandal, lvledchal} Malkajgiri district,^{pending disposal of the Writ Petition'}

Counsel for the^{Petitioners:SRI N.KRISHNA SUMANTH} Counsel for the^{Respondents:AGP FOR STAMPSAND REGISTRATION}

The Court made^{the following:ORDER}

THE HONOURABLE SRI JUSTICE K.SARATH

WRIT PETITION No.18895 of 2O25

ORDER:

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration for the respondents. With their consent, this Writ Petition is disposed of at the stage of admission itself.

Learned counsel for the petitioners submits that the petitioners filed the writ petition challenging the action of the respondent No.3 in refusing to register ald release the pending document No.P113/2023 dated t8.05.2023 uide lnlimation of Refusal No.l7 12023 dated 20.O5.2023 by following the reasons as mentioned below:

"1. Ranga Reddy Distict Gazette Notification R.R.No.83 cotnrnunicated by Joint Collector Rangareddg uide File No. D 5 / 4 7 3 O/ 2 0 1 3 / Quthbullapur, Dt: 2 5-O9-2 O 1 3.

DeputA Collector & Tahasildar Quthbullapur Mandal FiLe No.B/ 583/2012, Dt. 17-O2-2O12 and

Gazette NotiJication No. 134, Dt: 10-O3-2O05 ond G.O Ms. No. 292, Reuenue (Registration. I), 9th March 20O5 cornrnunicctted by Commissioner and Inspector General (R&S), Hgderabad uide File No. Gj/4661/2005, Dt.02 072005."

/,

Learned counscl for the petitioner further^submits that the subject matter of this writ^{petition is squarely} covered by the cornmon order dated 22.O3.2024 passed by this Cour': in W.P.No.9645 of 2021 and W.P.No.26353 ol 2023, wherein it is stated that^File No.G1/4661 l2OO5 dated 02.O7.2OOS is notⁱⁿ accordance with the provisions of the Section^22- A(l)(e) arLd 22{ll(2) and also as per clause (vi) of the guidelines issued Ln the case of Viniamuri Raiagopala Chary a. State of Andhra Prqdeshl and File No.E5/473012013/Quthbullapur, dated 25.09.2013 is set as'.de. In spite of the same,^the respondent No.3 is relying upon the same files dated O2.O7.2OO5 and 25.09.20i3 and issued impugned Intimation of Refusal No.l7 12023 dated 20.05.2023. Hence, learned counsel for the petitioner requested this Court to set asidt: the said hles dated^O2.O7.2OOS and 25.09.20 13 by following the cornmon order dated 22.O3.2O24 passed by this Court in W.P.No.9645^of 2O2l and W.P.No.263i3 of 2023.

'2016^{(1) ALTsso (FB)}

7

3

I I

I

4- Learned Assistant Government Pleader for Stamps and Registration is fairly acceded that the said files datcd O2.O7.2OO5 and 25.09.20 13 are set aside by this Court uide common order dated 22.03.2024 passed in W.P.No.9645 of 2O2l and W.P.No.26353 of 2023 and requested to pass appropriate orders.

In view of the submissions made by both the sides and on perusing the entire materia-l on record, this u'rit petitiop 1S disposed of directing the respondent No.3 to receive, register and release the pending Document No.P1i3/2023 on 18.O5.2023 lvithout reference to the Intimation of Refusa-l No.l7 /2023 dated 20.O5.2O23, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899 It is also open to the Registering Authority to^refuse the document presented by the petitioner, if any^other objections by duly assigning the reasons^and communicate the same to the petitioner.

4

It is made clt:ar that mere^{registrationof the} document does not confer^{title on the sub.lcct property} and it is a-lso made clear that^{this order r,r'ould not} on all those mattcrs where have any bearing title/rights of the^parties are pending before thc authorities either in revision/appeals^{for adjudication} and in any other t:ase this^{order also does not} preclude the parties in asserting their^{rrghts before a} competent Court of lau'.^{However, there sha,ll be no} order as to costs

Miscellaleous Petitions, il any,^pcnding 1n

this writ petition shall stand^closed.

S /- K.SREERAMA^MURTHY 0^{EPUTY REGISTRAR}

//TRUE COPY//

'. sEcfloN^oFFlcER

To 1. The PrinciPal Secretary,^{Revenue(Stamps and (e} istration), Secretariat, Hvd erabad, State^{of Telangana} \

2 The District Registrar,^{Medchal-MalkajgiriDistrict.} 3 The Sub Registrar,^{Quthbullapur, Medchal-MalkajgiriDistrict} The Collector, lvledcha^{l- Malkajgiri District}

4q The Tahasildar, Quthbullapur^{l,4anCal,Medchal- Malkajgiri District}

r,7 Two One CC CCs to SRI to GP FOR^{N.KRISHNA STAMPS AND :IUIUANTREG H, Advocate tOPUCI} ISTRATION,^{High Court for the} State of Telangana,^{at Hyderabad.} [OUT]

B. Two CD^CoPies

PSK GJP

(-_

HIGH COURT

DATED:0310712025

ORDER

WP.No.18895 of 2025

( C3THES t4
l (.) 7'P
L 2 4 JUL 2025

L,,
..-\ -,1j i1F,

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

& <br>

Procedural history

How this case reached the court

AI extract

Order under challenge
Intimation of Refusal No.17/2023 dated 20.05.2023 issued by Respondent No.3 (Sub Registrar, Quthbullapur) refusing to register and release pending Document No.P113/2023 dated 18.05.2023 (certificate of sale of immovable property - Plot No.225 Part, 166.66 sq.yds., Sy.No.100, Padma Nagar Colony-II, Block No.49, Quthbullapur), on the ground that the property is in the Prohibited Property list under Section 22-A of the Registration Act per Gazette Notification RR No.83 (File No.E5/4730/2013/Quthbullapur dt.25.09.2013), File No.B/583/2012 dt.17.02.2012, Gazette Notification No.134 dt.10.03.2005 and G.O.Ms.No.292 Revenue (Registration I) dt.09.03.2005 (File No.G1/4661/2005 dt.02.07.2005).¶28
Sub Registrar, Quthbullapur, Medchal- Malkajgiri District (Respondent No.3) · 20-05-2023
Prior proceeding
Grounds of refusal: the property was placed in the prohibited-property list under Section 22-A of the Registration Act by Gazette Notification RR No.83 communicated by the Joint Collector, Ranga Reddy vide File No.E5/4730/2013/Quthbullapur dt.25.09.2013; by the Deputy Collector & Tahasildar, Quthbullapur Mandal vide File No.B/583/2012 dt.17.02.2012; and by Gazette Notification No.134 dt.10.03.2005 and G.O.Ms.No.292 Revenue (Registration I) dt.09.03.2005 communicated by the Commissioner and Inspector General (R&S) vide File No.G1/4661/2005 dt.02.07.2005.¶18
Prior proceeding
By common order dated 22.03.2024 in W.P.No.9645 of 2021 and W.P.No.26353 of 2023, this Court found File No.G1/4661/2005 dated 02.07.2005 not in accordance with Sections 22-A(1)(e) and 22-A(2) of the Registration Act and clause (vi) of the guidelines in the cited precedent, and set aside File No.G1/4661/2005 dated 02.07.2005 and File No.E5/4730/2013/Quthbullapur dated 25.09.2013; Respondent No.3 nonetheless relied on those files in issuing the impugned refusal, and the Assistant Government Pleader conceded before this Court that the files stand set aside.¶39
Prior proceeding
IA No.1 of 2025, a petition under Section 151 CPC praying for suspension of Respondent No.3's refusal intimation and registration/release of pending Document No.P113/2023 dated 18.05.2023 pending disposal of the writ petition; overtaken as the writ petition was disposed of at the stage of admission itself with the consent of both sides.¶21

Cite this judgement

Kurra Venkateswara Rao v. The State of Telangana, WP/18895/2025 (TEL), decided on 3 July 2025.

The High Court for the State of Telangana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

Viniamuri Raiagopala Chary a. State of Andhra PrqdeshlReferred¶33
W.P.No.9645 of 2021 and W.P.No.26353 ol 2023Followed¶33

Open Authorities

Statutes6

Constitution of IndiaArticle 226
CPC151
Registration Act22-A · 22-A(1)(e)
Indian Registration ActIndian Registration Act, 1908

View all statutes

Procedural history4

Intimation of Refusal No.17/2023 dated 20.05.2023 issued by Respondent No.3 (Sub Registrar, Quthbullapur) refusing to register and release pending Document No.P113/2023 dated 18.05.2023 (certificate of sale of immovable property - Plot No.225 Part, 166.66 sq.yds., Sy.No.100, Padma Nagar Colony-II, Block No.49, Quthbullapur), on the ground that the property is in the Prohibited Property list under Section 22-A of the Registration Act per Gazette Notification RR No.83 (File No.E5/4730/2013/Quthbullapur dt.25.09.2013), File No.B/583/2012 dt.17.02.2012, Gazette Notification No.134 dt.10.03.2005 and G.O.Ms.No.292 Revenue (Registration I) dt.09.03.2005 (File No.G1/4661/2005 dt.02.07.2005).Sub Registrar, Quthbullapur, Medchal- Malkajgiri District (Respondent No.3) · 20-05-2023
Grounds of refusal: the property was placed in the prohibited-property list under Section 22-A of the Registration Act by Gazette Notification RR No.83 communicated by the Joint Collector, Ranga Reddy vide File No.E5/4730/2013/Quthbullapur dt.25.09.2013; by the Deputy Collector & Tahasildar, Quthbullapur Mandal vide File No.B/583/2012 dt.17.02.2012; and by Gazette Notification No.134 dt.10.03.2005 and G.O.Ms.No.292 Revenue (Registration I) dt.09.03.2005 communicated by the Commissioner and Inspector General (R&S) vide File No.G1/4661/2005 dt.02.07.2005.
By common order dated 22.03.2024 in W.P.No.9645 of 2021 and W.P.No.26353 of 2023, this Court found File No.G1/4661/2005 dated 02.07.2005 not in accordance with Sections 22-A(1)(e) and 22-A(2) of the Registration Act and clause (vi) of the guidelines in the cited precedent, and set aside File No.G1/4661/2005 dated 02.07.2005 and File No.E5/4730/2013/Quthbullapur dated 25.09.2013; Respondent No.3 nonetheless relied on those files in issuing the impugned refusal, and the Assistant Government Pleader conceded before this Court that the files stand set aside.

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Bench / Coram

K.Sarath

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