Arcom Medical Devices Pvt. Ltd. Vs the State of… — Writ and Judicial Review | Telangana HC (2025)

Arcom Medical Devices Pvt. Ltd. Vs the State of… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the Registering Authority with the subject document (ratification deed for ratification of registered sale deed Document No.7641 of 2016 dated 07.09.2016), it being open to the Registering Authority to register or refuse the document considering the applicability of G.O.Ms.No.118, Revenue (Registration) Department dated 28.10.2020 and subject to the petitioner complying with the Indian Registration Act, 1908 and the Indian Stamps Act, 1899; appropriate orders to be passed preferably within two (02) weeks from receipt of copy of the order and communicated to the petitioner; miscellaneous applications, if any, stand closed; no order as to costs. The petition was taken up for disposal at the admission stage with the consent of counsel.

Issue for consideration

Whether the Endorsement bearing No.B17112025 dated 22.01.2025 issued by Respondent No.2 (Tahsildar, Chevella Mandal) is arbitrary, non est in the eye of law, and violative of Articles 300A, 14 and 21 of the Constitution of India. +2 more

Ratio / Principle

In view of the submissions made by learned counsel on either side, and without expressing any opinion on the merits of the case, this writ petition is disposed of, with a liberty to the petitioner to approach the Registering Authority with the subject document, and it is open to the Registering Authority to register/refuse the subject document.

Key takeaways

The Registering Authority shall pass appropriate orders considering the applicability of G.O.Ms.No.118, Revenue (Registration) Department dated 28.10.2020 and subject to the petitioner complying with the provisions of the Indian Registration Act, 1908 and the Indian Stamps Act, 1899.ratio¶¶48
The Registering Authority shall pass the appropriate orders as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of the order, and shall communicate the said decision to the petitioner.ratio¶¶48

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (N.V. Shravan Kumar, J.), disposing Writ Petition No.4634 of 2025 (Arcom Medical Devices Pvt. Ltd. v. State of Telangana and others) at the admission stage with consent of counsel: the petitioner, purchaser under registered sale deed Document No.7641 of 2016 dated 07.09.2016 (Ac.4-10 gts in Sy.Nos.93/6e, 93/5/1/1 and 93/5/2, Aloor Village, Chevella Mandal, Ranga Reddy District), challenged Endorsement No.B/71/2025 dated 22.01.2025 of the Tahsildar, Chevella Mandal, refusing to process registration of a ratification deed on the ground that, under the Dharani Act regime, the office vests no power to ratify registered sale deeds. Without expressing any opinion on merits, and following the Assistant Government Pleader's submission that the document would be considered in terms of G.O.Ms.No.118, Revenue (Registration) Department dated 28.10.2020, the Court granted liberty to the petitioner to approach the Registering Authority, leaving it open to that authority to register or refuse the subject document, subject to the petitioner's compliance with the Indian Registration Act, 1908 and the Indian Stamps Act, 1899, with orders preferably within two (02) weeks and communication of the decision to the petitioner. Miscellaneous applications closed; no order as to costs.

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

MONDAY, THE TWENTY^{FOURTH DAY OF FEBRUARY} TWO THOUSAND AND^TWENTYFIVE

PRESENT

THE HONOURABLE SRI^{JUSTICE N'V.SHRAVAN KUMAR}

WRIT PETITION^{NO:4634 OF 2025}

Between:

ARCOM MEDICAL^{DEVICESPVT. LTD, Havingits registeredoffigl?at 3-6:1!9!!'} 'irr'ir.rrij.+oz,-ciiv Gnter, Himavatnagai, Hydeiabad, Telangana State - 500029' Represented by ils^{N/anagingDirector Mr.Sanjeev Kumar Gupta}

...PETITIONER

AND

THE STATE OF TELANGANA,^{Represented by its Principal Secretary,} Revenue Department, Secretariat,^Telangana.

THE TAHSILDAR,^{Chevella Mandal,Tahsil office, Rangareddy District'}

THE SUB REGISTRAR,^{Chevella, Rangareddy District'}

THE DISTRICT^{REGISTRAR, Rangareddy District, State of Telangana}

...RESPONDENTS

Petition under Article^{226 ot lhe constitution of lndia prayingthat in the} circumstances stated^{in the affidavit filed therewith,the High court may be} pleased to issue an appropriate^{writ, orderor Direction, more particularlyone in} the nature of writ^{of Mandamusa. Declaringthe EndorsementNo.B17112025} dated 22.01.2025^{issuedby RespondentNo.2 as arbitrary, nonestin the eye of} law being violative^{of Article 300A,14 and 21 of the constitution of lndiaand} b.consequently, direct^{the Respondent No.2 to receive, registerand release the} Ratification Deed^{being present by the Petitioner herein for Ratification of the} registered sale deed^{documentNo. 7641 of 2016dated07.09.2016, registered at} the office of sub-Registrar,^{chevella lN THE ALTERNATIVE Directthe} Respondent No.3^{to receive, register and release the Ratification Deedbeing} present by the Petitioner^{herein for Ratificationof the registered saledeed}

document No. 764112012 dated 07.09.20i6 registered at the office of subRegistrar, Chevella.

lA NO: 1 oF 2025

Petition under Section 1s1 cpc praying that in the circumstiances stated in the affidavit filed in support of the petition, the High court may be pleased pleased to direct the Respondent No.2 or in the alternate to the Respondent No.3 to receive, register and release the Ratification Deed being prresent by the Petitioner herein for Ratification of the registered sale Deed document No. 7641 of 2016 dated 07.09.2016, registered at the office of Sub-Registrar, chevella, pending disposal of the above writ petition.

Counsel for the Petitioner : SRI DHARMESH D.K.JAISWAL

counsel for the Respondents: ASST.Gp FoR srAMps AND REGTSTRATION The Court made the following: ORDER

HONOURABLE SRI IUSTICE^{N.V.SHRAVAN KUMAR} WRIT PETITION No.4634 of²⁰²⁵

ORDER:

Heard learned counsel for the Petitioner^{and learnedAssistant} Government Pleacier for Stamps and^{Registration appearingfor respondent} Nos.1 to 4. With their consent this^{writ petition is taken up for disposal at} the staBe of admission itself.

This Writ petition is filed seeking^{the following prayer:-}

" a. to declare the Endorsement No.B^y'1/2025 dated 22.07.2025 issued by Respondent No.2^as arbitrary,^{nonest in the eye of lazo} being ttiolntizte of Article 300A,^{-14 and21 of the Constitution of} India and

b. Consequently direct the^{RespondentNo'2 to receiae, registurand} release tlrc Ratifcation Deed^{being presentby the Petitionerfurein} for^{Ratifcntion of the regtsteredsale drcd documentNo 764Lof 2016} riated 07.09.2016 registered at^the Offce^{of Sub-Registrar,Cheaella;} IN THE ALTERNATIVE

Direct the Respondent No.3 fo^{receiae,register and release the} Ratifcation Deed being present by^{the Petitionerherein} for Ratifcation of the registered sqle^{dzed document No.76412012} dated 07.09.2016 registered at^{the Offce of Sub-Registrar,} Cheaella."

Brief facts of this writ petition^{are that the petitioneroide sale deed}

bearing clocument No.7641 of^{2016 dated 07.09.2016, purchased agricultural} land admeasuring to an extent^{of Ac.4-10 gts in Sy.No.93} /^{6e (old} Sy.No.93), 93/5/'1 (presently 93/5/1/1)^{and 93/5/2,Aloorll Village,} Chevella Mandal, Ranga Reddy^{Districtand the samewas registeredat the} office of the Sub-Registrar, Chevalla^{Thereafter,the petitioneron 1L.1-l'.2024} executed ratification deed and^{oidcrepresentation dated 27.12.2024}

t::.
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approachcil the office of lespondent NIo.2 for registlation of rati{icatiorr deed dated 11.7L.2024. However, respcndent No.2 issued Endolsement

No.B/'71, /2025 dated 22.0L.2025, stating the follorving:-

"The Thnsilrlars of the Ret;enub Mandals concerne.d are irreby appointed as loint Sub Registt'ars uith an ofrce at the headquarters o.f tht Mandal to deal nith registrntion of tlocuments relating to the lanrls u'hich the Telangatn l.iights in Land and pnttedal pass books act, )-020 aplLlies, and allied mntters under the legistration Act, 190[i and tlrc n es mtule there u nder:

As per Lhe ahot:e Dharani Act, this ofJtce ztests no poTrel to ratify or l?atificatton of Registered saLe deed uhich zoere executcd in tltis ttffce can be rntiJied. Hence your request cannot be processed trL thts oJfce at prcsent. /ifter prcaiding suiLabLe optiotls.from the Goaernnt,'nt your request citl he taken inlo consillerfltiot'I. ITence infornrcrl."

l,earnecl counsel for the petitioner submits t l-rat as per

G.O.Ms.No.118, Revenue (Registration) Departrnent dated 28.10.2020, the State of Telanganzr appointed the Tahsiidar o( concerned Relenue Mandal as Joint Sub-Rr:gistrar to deal u'ith rc6;istration of dotuments relating io the lands to which Telangana Rights in Land and Patttadar Passb<roks Act,2020 applies, insprtc o{ thc above, respondent No.2 refused to regisl.er the subject document and issucd Endorsement No.B/71/2025 daLed 22.0L.2025. Aggrieved bv the same this writ pctition is filed

Learnecl Assistant Government Pleader for Stamps ancl Registration has placed on record the instructions issued by respondent No.4, which reads as under:-

"ht ihis ragnrd, it is respectfully submitted that nfter enactnunt of the Telangana Rights in Land and Pattad,nr Passbook Act, 2020 and rcsue of G.O.Ms.No.1'18, Reoerurc (Regtstration) Department, dated 28.10.2020, the Tahsikiar of

3

:..

concerned^{ReuenueMandal u'ere appointedas loint Sub-} Resistrar for re4istration^{of documentspertaining to} a{Aculturit^{Landiandthereby instructed to} follow^wi.thout aiy rleaiation.^Thetefore, -nre^{all kinds of documentspertaining.to} aghcultural lands registered through^Dhtrani .por.tal fhere is a prouision for^{rigLstrationof Ratificationdyds} .of the peruious^{regtsteiecldoiuments in Dharani portal only '} But the same facility^{is not aoailable} for^{the dacuments} preoiously registered^{at Sub-RegistrarOff-cer a!} Pr.eseyt,.

ln oiei of^{the aboae,it is respectfullysubmitted thntas} per the said^Act snd^{G.O.Ms.No.118,Tahsildaris competent} 'authoity to register any document pefiaining to aqlcul\r! lands. if the^{lands ari conaettedto non-agricultureSub-} Registrir ruitl^{be competentauthoity} for^{registration'"}

Learned Assistant^{Government Pleaderfor StampsandRegistraLion} further submits^{that if the petitioner submits the subject documentbefore} the registering^{authorities interms ofG O Ms'No'118'Revenue} (Registration) Department,^dated28.10 '2020,^{the samewouldbe considered} and appropriate^{orders will be passed in accordance with law'}

At this stage,^{learned counsel for petitioner submits thatthe} petitioner may^{be permittedto submit the subiect document beforethe} registering authoritics^{and further pray this Court to directthe registering} authorities to coruider^{the samefor registration'}

In view of the submission^{made by the learned counselon either} side and without^{expressingany opinionon merits of the case' this writ} petition is disposed^{of, with a liberty to petitionerto approach the} Registering Authority^{with the subiectdocument and thereafterit is open} to the Registering^{Authorityto register/refusethe subiect document'}

4

co.rsidering the applicability of G.o.Ms.No.11g, Revenue r'Regishation) Department, datecl 28.10.2020 and subiect to the petitioner colnplying rvith the provisio.s of the Indian Regiskation Act, 190g, a.c[ Imrian Stamps Act, 1899, shall pass appropriate orclers, as expeditiously as possible, preferably within a pe'iod of two (02) weeks fi'om the date of r.eceipt ol copy of this order and communicate the said decision to the petitioner.

With the above directions this writ petition is , {isposed of. Miscellaneous applications, if an], pendi^g, shall stand closed. No order as to costs

SD/.P. PA.DMANABHA REDDY ASe:Tll T REGISTRAR

//TRUE COPY//

, SECTION OFFICER

To,

1 . The Principal Secretary, Revenue^{Department, Secretariat, State Of} Telangana, Telangana.

The Tahsildar, Chevella Mandal,^{Tahsil office, RangareddyDistrict.}

The Sub Registrar, Chevella, Rangareddy^District.

The District Registrar, Rangareddy District,^{Stateof Telangana}

One CC to SRI DHARMESH D.K.JAISWAL,^Advocate. [OPUC]

Two CCs to GP FOR STAMPS AND REGISTRATION,^{HighCourt for the} State of Telangana. [OUTI

Two CD Copies.

BSK

BS Y.

:It I

HIGH COURT

DATED:2410212025

CC TODAY

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ORDER

WP.No.4634 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Procedural history

How this case reached the court

AI extract

Order under challenge
Endorsement No.B/71/2025 dated 22.01.2025 issued by Respondent No.2 (Tahsildar, Chevella Mandal) stating that, as per the Dharani Act, the office vests no power to ratify registered sale deeds executed at that office, that the petitioner's request for registration of the ratification deed cannot be processed at present, and that after suitable options from the Government the request would be considered.¶¶16
Respondent No.2 - Tahsildar, Chevella Mandal (Joint Sub-Registrar under G.O.Ms.No.118) · 22.01.2025
Prior proceeding
Petitioner purchased agricultural land admeasuring Ac.4-10 gts in Sy.No.93/6e (old Sy.No.93), 93/5/1 (presently 93/5/1/1) and 93/5/2, Aloor Village, Chevella Mandal, Ranga Reddy District, vide sale deed Document No.7641 of 2016 dated 07.09.2016, registered at the office of the Sub-Registrar, Chevella.¶¶30
Prior proceeding
Petitioner executed a ratification deed (execution date partially legible in OCR, appearing as 11.11.2024 / 11.7L.2024) and gave a representation dated 27.12.2024.¶¶30
Prior proceeding
Petitioner approached the office of Respondent No.2 for registration of the ratification deed; Respondent No.2 issued Endorsement No.B/71/2025 dated 22.01.2025 declining to process the request at present.¶¶32
Prior proceeding
Instructions of Respondent No.4 (District Registrar) placed on record state that after the Telangana Rights in Land and Pattadar Passbooks Act, 2020 and G.O.Ms.No.118 the Tahsildar is competent authority for agricultural-land documents, and that while the Dharani portal has provision for registration of ratification deeds of previously registered documents, the facility is not available for documents previously registered at the Sub-Registrar office.¶¶42
Prior proceeding
During the hearing, the Learned Assistant Government Pleader for Stamps and Registration submitted that if the petitioner submits the subject document before the registering authorities in terms of G.O.Ms.No.118, Revenue (Registration) Department dated 28.10.2020, the same would be considered and appropriate orders passed in accordance with law.¶¶44