Allowed

Sri Gajula Rajamallaiah @ Rajamallu v. The State of Telangana

Telangana HC14 Nov 2025WP/34532/2025

Case brief

AI extract

What is this about?

This judgment in WP No. 34532 of 2025 (coram Justice K. Sarath) and the text for WP No. 34532 (implied coram Justice N.V. Shraavan Kumar) set aside refusal orders regarding gift and sale deed registrations. The court directed authorities to register documents expeditiously without insisting on pending agricultural land conversion tax proceedings, emphasizing compliance with previous judgments and

What did the court decide?

Set aside refusal orders and directed the Registering Authority to receive, register and release the Gift Deed (WP 34532) and Sale Deed within three to four weeks without insisting on NALA tax convers

Sri Gajula Rajamallaiah @ Rajamallu Vs The State of… — Property and Title | Telangana HC (2025)

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[³³⁰² ]

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

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FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON'BLE SRI JUSTICE K. SARATH

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ON NO: OF 2025

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Between:

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Sri Gajula Rajamallaiah @ Rajamallu, S/o^{Rajaiah, Agedab-gut61 years, Occ.} Busine'ss, R/o' H.No.6-5-27317,'Power^{House Colony,Near ShivalayamTemple,} Godavarikhani, Ramagundam Mandal,^{Peddapalli District.}

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...PETITIONER

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The State of Telangana, Rep. by its^{Principal Secretary (Stampsand} Registration), Secretariat, Hyderabad-500022.

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The Commissioner and lnspector General^{of Registrationand Stamps,Office} at 5-3-953, Nizam Shahi' Rd, Mozamjahi^{Market,Herza Estate, Risala} Abdullah Colony, Jam Bagh, Hyderabad,^{Telangana500001.}

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The Sub Registrar, Ramagundam^{Mandal, Peddapalli District-505208.}

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..RESPONDENTS

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Petition under Article 226 ot the Constitution of^{lndiC praying that in the} circumstances stated in the affidavit^{filedtherewith,the High Courtmay be} pleased to issue Writ, Order or direction more^particularly one in the^{natureof Writ} of Mandamus declaring the action of the^{respondent No.3 i.e., The Sub Registrar,} Ramagundam Mandal, Peddapalli District,^{in refusing to registerand respondent} No.2, is illegal, arbitrary, in violation of^{Articleslq, z'l a.ld |OO-Aof Constitutionof} lndia and also in violation of^{Registration Act, 1908, besides in violationof} Principles of Natural Justice and^{consequentlyto direct the respondentsmore} particularly, respondent No. 3 herein to receive, register and^{releasethe Gift Deed} vide Pending Document No.P.6/2025,^{dated O111112025, intimation of refusalNo.} 6t2025, dt; 01-11-2025,^{presented by the petitioner in respect of OpenPlace} admeasuring 2139.55 Sq.Yards,⁶⁴⁹ Sq.Yards,^{2552Sq.Yards, 627 Sq.Yardsand} 1254 Sq.Yards., all in Sy.Nos.92lA^and92Cl1 ,^{Near H.No.6-5-6'18/2/4,thus total}

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extent 7221 .55 Sq.Yards., situated at Raja Laxmi^{Colony (PH Colony),} Godavarikhani of Malkapur Sivar Village^{(Code No.2007011),Ramagundam} Municipal Corporation, Ramagundam Mandal, Peddapalli District,^within Registration District Karimnagar, Sub-District: Ramagundam,^{by setting aside the} lntimation of Refusal No.6/2025, dated^{0111112025,passed by respondent No.3.}

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IA NO 1

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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 respondents more^{particularly,} respondent No. 3^{herein to register and release} the Gift Deed vide Pending Document No.P.6/2025, dated^{0111112025, presented} by the petitioner in respect of Open Place admeasuring 2'139.55^Sq.Yards,649 Sq.Yards, 2552 Sq.Yards, 627 Sq.Yards and 1254 Sq.Yards., all^{in Sy.Nos.92lA} and 92C11, Near H.No.6-5-6181214, thus total exlent 7221.55^{Sq.Yards.,situated} at Raja Laxmi Colohy (PH Colony), Godavarikhani of Malkapur Sivaf Village^(Code No.20070't l ), Ramagundam Municipal Corporation, Ramagundam^Mandal, Peddapalli District, within Registration District Karimnagar, Sub-District: Ramagundam, by suspending the lntimation of Refusal No.6/2025,^dated 0111112025,^passed by respondent No.3,^pending disposal of^{the above writ} petition.

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Counsel for the Petitioner: SRt KATIKA RAVINDER REDDY⁰

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Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE K.SARATH N Ea..l

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ORDER:

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Heard learned counser for the petitioner and learned Government^Pleader for Stamps and Registration for the official respondents. with their consent, this writ^petition is disposed of at the stage of admission itself.

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Learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the order^passed by this court in w.p.No. ls4z 1 of 2024 dated 02.07.2024 and requested to pass similar order in this writ petition.

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3- Learned Government pleader for stamps and Registration has not disputed the submission made by the c learned counsel for the petitioner with regard to the disposal of the w.P.No.1547L of 2024 dated o2.or.2024 and, requested to pass appropriate orders.

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In view of the order passed in w.p.No."ls4zl of 2024 dated o2.o7.2o24 and for the reasons mentioned therein, this writ petition is disposed of, setting aside the refusal order dated 01.1 1.2025 and directing the Registering Authority to receive, register and release the subject document, subject to the

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petitioner^{complying with theprovisions of theIndian} Registratiorr^{Act, 1908, and Indian Stamps Act, 1899, as} expeditiously^{as possible, preferably within a period of four (04)} weeks^{from the date of receipt of copy of this order without} insisting^{for the proceedingsof NALA Tax under the provisions} of the^{Telangana Agricultural Land(Conversionfor} nonagricultural^{Purposes)Act, 2006. It is 'also open to the} Registering^{Authority to refuseto register the subject document,} by specifically^{assign the reasons in terms of Section 7l of the} Act,^{1908 and communicatethe said decision to the petitioner.} It is^{needlessto mention that the petitioner shall pay the Nala} tax as^{per the provisionsof The TelanganaAgricultural Land} (Conversion^{for Non Agricultural Purposes)Act, 2006, as and} when demanded^{by the appropriate authorities urnder the said} Act. No^{order as to costs.}

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Registry is directed to annex copy o[ the order in W.P.No.1547l^{of 2024 dated 02.O7.2024} alongwith this order.

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Miscellaneous petitions, if any, pending in this writ

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petition, shall stand closed.

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//TRUE COPY//

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The^{Principal Secretary (Stampsand} Secretariat,^{HYderab ad-500O22.}

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SD/- C. DEEPIKA STANT REGISTRAR SECTION OFFICER State of Telangana,

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The Commissioner and lnspector General of Registration and Stamps, Office at 5.3-953, Nizam Shahi Rd, Mozamjahi Market, Herza Estate, Risala Abdullah Colony, Jam Bagh, Hyderabad, Telangana 500001.

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The Sub Registrar, Ramagundam Mandal, Peddapalli District-505208.

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bne CC to SRI KATIKA RAVINDER REDDY, Advocate IOPUCI

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Two CCs to GP for Stamps and Registration, High Court for the State of Telangana at Hyderabad. [OUTI

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Two CD Copies

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Along.with a copy of the order dated O2.O7.2024 in W.P.91o.15471 of 2024.

\IGJP

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HIGH COURT

DATED:14111l,2025

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a ORDER

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WP.No.34532 of 2025

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i..-. .. - . ... *.-_:--

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DrsPosrNG oF THEJA/RIT PETITION

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,.. WITHOUT COSTS

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HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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lof

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ORDER:

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This writ petition is filed to declare the action of respondent No.3 in refusing to register and release the sale deed i.e., Pending Doc.No.P .ll4 12024 uide Intimation of Refusal No.48/2024 dated 03.06.2024 presented by ihe petitioner and his vendor in respect of all that the open Land in Sy.Nos.2o1, 2L5 and 217, land admeasuring 1o0o sq.yds., situated at Gajularamaram Village, GHMC circle, euthbullapur Mandal, Medchal-Malkajgiri District (subject proeprty) on the ground of Memo No-G3/3 247 /2018 dated 01.05.2019 issued by respondent No.2 as illegal and arbitrary and consequently direct respondent No.3 to register and release the pen/ing sale deed i.e., P.No. lr4 /2024 uide Intimation^' of Refusal No.48 /2024 dated 03.06.2024.

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Heard learned counsel for the'petitiJner and rearned

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Assistant Government Pleader for Revenue appearing on behalf respondent Nos.1 to 3.

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The^{brief facts of the case are that petitioner's vendor is} the^{sole, absolute owner and peaceful possessorof the subject} property^{having acquiredthe same throughregistered sale deed} uide^{Doc.No.4505/2OO2 dated 13.06.2002 registered at Sub-} Registrar^{C)ffice, Medchal. Thereafter,due to family necessities,} the^{vendor of the petitioneroffered to sell the subject property} and^{petitioner herein agreed to purchasethe' same. Thereafter,} the^{vendorof the petitionerexecuted sale deed in favour of the} petitioner^{and presentedthe same before respondent No.3 on} 2g.O5.2O24^{but the subject documentwas kept pendingand} assigned^{pe nding P- No . L 14} I^{2024 and thedocumentwas} refused^{for r:egistrationon the following grounds:}

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" 7. That the property set forth in the document is an^{ctgriculturepropertg and executarlthas} fatled^to produc:e^{non-agricultureland. conuersion} "trtfn"ot". The Telangana^{Rights in Land. and Pqttacla.r Pass} Books^{Act, 2020 whichhc.s come into operation} w.e.f.,^{1 9.09.2020defined the Tahsildar-cum-Joint} Sub-Registrar^{as Registrar to register thertgricultural} lands^{situated in his jurisd.iction.Consequent} to the operation^{of the aboue Act, the Gouernment} of Telangana^{through G.O.Ms.No.1} 18 F., @egn-I) Department^{dated 28.1O.2O20} has established the Offic:es of^{Joint Sub-Regisfrars} under Sectiott 7(1) of

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the Registration Act, 1908 and appointed^Tahsitdars of the concerned Mandal as Tahsildar -^JoirfiSub- Registrar in respect of agriculture lands. Hence, SubRegistrar, Quthbullapur has no^juisdiction ouer^the property

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That the Commissioner and^Inspector General (R&Si Department Memo No.Gs/^{3247/ 20 18} dated 01.05.2019 has instructed that^utheneuer huge lands are showing in sq.gds., and'sought^to registration, the Sub-Registrar shall inuaiably^refer web land (Dharani) and find out the real owners as per reuenue records and insisf upon conuersion certificate of agricultural land into non-agriculture land issued by the competent authoitg."

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The petitioner has also filed copies of Dharani portal entries maintained by the Government of Telangana wherein^the subject property is shown as house site. The petitiSner has also paid the stamp duty in terms of ward basis which has also not been denied by the Sub-Registrar.

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The Sub-Registrar, Quthbullapur i.e., respondent No.3 has placed a copy of written instructions and submits that the pending document was refused for registration uide Refusal order bearing No.1I4l2O24 dated 28.04.2024 for the reason

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that: in terms of Memo No.G3/3247/20lB dated 01.05.2019 has instructed that uheneuer huge lands are showing in Sq.gds., and sought to registration, the Sub-Registrar shall inuariably refer web land (Dharani) and find out the real owners as per reuenue records and insist upon conuersion certificate of agicultural land into non-agriculture land. issued by the competent authority. But the parties in the d"ocument are failed to produ6e NALA certificate.

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In a similar circumstance i.e., in W.P.No.3605 of 2024 dated 22.O2.2024, the Sub-Registrar has refused registration therein on the similar ground. In the said case, this Court directed the registering authority to process the pending document without insisting on payment of NaIa charges. The relevant portion of the said order is as follows:

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,f 1 1. In uiew of the aboue and the .for the reasons alike in the order dated 25.09.2023 passed in W.P. No.15124 of 2O23 bg this Court, Refusal No.11/2024 dated 06.02.2024 is herebg set aside and- th.is wit petition is d"isposed o7 ii)"rting the respondent No.3, Sub-Registra.r, to register the subject document in case, the same is in consonance with the prouisions of Registration Act, 19OB and Indian Stamp Act, 1899. Where the d.ocument is not liable fo, registration under those prouisions, a

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Refusal order can be passed and the decision taken be intimated to the petitioner in uiting. The parties to the document are directed" to pag NALA charges and when directed uithout raistng any resistance.

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Learned counsel for the petitioner submits that in the above case the document was registered based on the court order and in view of the same, the respondent authorities are insisting that unless the court order is furnished, they cannot go ahead with the registration. He would further submit that jurisdiction of respond.ent is only for the purpose of registration and not for any other reasons.

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8 Learned counsel for the petitioner submits that they have not received any SO called refusal order bearing f No.48/2024 dated 03.06.2024. On ? query by the Court, ' learned Assistant Government Pleader for Stamps and Registration, on instmctions, submits that already refusal order -t has been sent by Post. However, there is no pro6r of the same in the instructions.

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This court in repeated number of cases observed that the Registering Authorities are duty bound to communicate the

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refusal^{order to the petitionersor the citizens, who approach for} registering^{the documents and also granted liberty tothe} petitioners^{to avail the remedyas available under law. In the} case^{on hand also the document has not been returned to the} petitioner^{and it is in the custodyof the Sub-Registrar.[n that} case,^{the petitioners cannot make a statutoryappeal whichis} the^{available remedy for them. In a holisticvierv, it is observed} that^{the officers are erring in dischargingtheir duties where} certain^{timelines are prescribed.That apart, the Sub-Registrar} herein^{is well aware that the adjacentlands are also registered} even thereafter^{issuedrefusal order citing the reason that in} Memo No.G3/3²⁴⁷ l2}l8^{dated 01.05.2019,1n which itis} instructed^{that whenever huge lands are showing in Sq.yds.,} and sought^{for registration,the Sub-Registrar#rall invariably} refer web^{land (Dharani) and find out the real owners as per} revenue^{records and insist upon conversioncertificateof} agricultural^{land intonon-agriculture land, issued bythe} competent^{authority. But the partiesin the document are failed} to produce^{NALA certificate'}

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On a perusal of the Memo No.3247/2OLB dated 01.05.2019, the Commissioner of Inspector General of Registration and Stamps directed the Registering Officers to be vigilant that whenever huge lands are shown in sq.yds., the Sub Registrars shall invariably refer Webland (Dharani) and find out real owners as per the revenue records and insist upon .conversion certificate of agriculture land into non-agricultural land and insist upon conversion certificate issued by competent authority

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It appears that the Sub-Registrar has calculated the market value in terms of yards and accordini{y stamp duty has been paid in terms of sq.yards. In such case, insisting of conversion certificate from agriculture to flon fgriculture by competent authority is only for the purpose of record and the parties can be directed to furnish the s€rme at a later point of time

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-./

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In W.P.No.3605 of 2024, this Court^' directed the Registering Authority to register the documenj without insisting on pa5rment of Nala charges. The said order hhs not been challenged and documents have been registered thereafter. In

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the case^{on hand the petitioner has paid huge stamp duty on} yard basis^{based on market value obtained on yard basis and} again insisting^{on NALA charges is arbitraryand illegaland} registering^{authorit5z had not followed the directionsof this} Court in^{W.P.No.3605 of 2024,whichhas attained frnality'}

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The^{main grievance of the petitioner is that earlier the} subject land^{is put to non-agricultureuse for several decades} and that they^{have already paid stampduty and registration} charges in^{respectof lands as non-agriculture lands by treating} all the lands^{within the area of GHMC in sq'yd-, basis on par} with open^{site in layout having open area and parks. Itis} further submitted^{that respondent No'3 without understanding} the aforeszud^{orders inW.P'No.3605of 2024, isrefusing} registration^{on the samerefusa-l grdundsand is insisting the} petitioner to^{approachthe Court and obtain specificorders for} registration^{of the subject documents, the said. actionis nothing} but burdening^{the petitioners as well as the Hon'bleCourtand} pray this Court to direct^{the respondent No.3 to registerthe} subject documents.

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ln the case on hand, it is pertinent to note that the respondent No.3 without und.erstanding the purport of the aforesaid order, is refusing to register the subject documents on the same grounds and insisting the petitioners to obtain court orders. The said action is not justified. Hence, this court passed orders on 01.or.2o24 directing respondent No.3 to be present before this court on o2.or .2024 aid,answer accordingly.

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The core issue is that in many cases, the registering authorities are not implementing the orders passed by this court and are refusing to register the subject documents on the same grounds and informing the citizens that unless they produce a court order, the d.ocument cannot be registered. However, in such cases, the Sub Registrars eithy by way of instructions or at the time of appearance submits that the parties have not produced the document. In view of such discrepancy in statement of the parties and subrRegistrars, the Courts are being misled.

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In some cases, it is further observed that the respondent officers who are d.ealing with the registrations of the documents are unable to decipher the orders of the court and

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are simply relegating^{theparties andinsisting the} parties/citizens to^{approach the Court for repeatedorders.In} this entire gamut^{of events, the citizensare not only over-} burdened but^{also had to run pillar to post and are deprived of} their rights^{guaranteedunder Article 300-A of the Constitution} of India.

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L7. Learned^{Assistant Government Pleader for Stamps and} Registration, on instructions,^{submits that henceforth they will} follow orders of this^{Court and will not insist citizensto} approach the Court^{time and again and the Sub-Registrars will} follow the Court^{orders scrupulously and i-n case ofany} clarification, the^{Sub-Registrars will seek instmctions from the} learned. Government^{Pleaders and see that the orders of the} Court are implemented^{in its true letter ancl spirit without} troubling the citizens^{and would ensure that their rights} guaranteed under Article^{300-A of Constitution of India would} t be protected.

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Recoding the submissions of the Sub-Registrar, this Court admonishes the Sub-Registrars in insisting the Court orders, on settled issues or matters attained finality.

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With the above observations, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document,^'subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order without insisting for the proceedings of NALA Tax under the provisions of the Telangana Agricultural Land (Conversion for nonagricultural Purposes) Act, 2006. It is also gr.r, to the Registering Authority to refuse to register the subject document, by specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. t It is needless to mention that the petitioner shall pay the Nala tax as per the provisions of The Telangana Agricultural Land (Conversion for Non Agricultural Purposes) Act, 2006 as and

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when demanded by the appropriate authorities under the said Act.

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