1. Heard Sri Chokki Narender, learned counsel for the petitioner, as well as Sri B.Dileep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing respondent Nos.1 to 5.

2. This Writ Petition is filed seeking the Court to issue a writ or order in the nature of writ of Mandamus declaring the Refusal Order communicated through Memo No.230 of 2023, dated 26.9.2023, passed by respondent No.4 i.e., Joint SubRegistrar-II, Patancheru, as illegal and arbitrary and consequently, to direct respondent No.4 to register and release the subject document i.e., sale deed presented by the petitioner in respect of Open Plot bearing No.442-G, admeasuring 500 square yards, located in Sy.No.343 of Tellapur Village, Ramachandrapuram Mandal, Sangareddy District.

3. Making his submission with regard to the merits of the matter, learned counsel for the petitioner contended that the sale deed presented for registration by the petitioner was not entertained by respondent No.4 basing on the letter vide Lr.No.F1/2051/2006, dated 28.11.2006, and indeed, the said letter has nothing to do with the lands which are located in Tellapur Village. Learned counsel also states that the subject property is neither a Government land nor an assigned land. The subject property is purely a private property. Learned counsel further states that the District Collector, Sanga Reddy District, has got no power to address letters to the Sub-Registrars and in case, the property is required to be kept in prohibitory list, it should be done under due process of law. The letter vide Lr.No.F1/2051/2006, dated 28.11.2006, reads as under:-

“Adverting the subject it is inform that the Industrial Employees Co-Op. House Building Society Ltd. Bandlaguda has purchased the lands from the assignees, and sold the same to its members by making into plots in Patancheru, Ameenpur Villages of Patancheru Mandal and Tellapur, Kollur Villages of Ramachandrapur Mandal.

In this regard, it is to further inform you that the Collector, Medak has received applications from the members of the Society for scrutiny. The District Revenue Officer, Medak is made Person-In charge of the said Society and the matter is being pursued.

You are therefore directed not to entertain any petitions for mutations or changes in Revenue Records, permission for any constrictions, N.O.Cs., etc., with regard to the lands said to have been purchased by the Industrial Employees Co-Op. House Building Society Ltd. Bandlaguda, until further orders. You are also directed to safeguard the above said lands from the encroachers.”

4. The afore-mentioned letter was addressed by the Collector, Medak District to the Mandal Revenue Officers, Patancheru and Ramachandrapur Mandals. Thereafter, i.e., on 28.01.2017, the District Collector, Sanga Reddy District, addressed a letter to the District Registrar, Sanga Reddy calling for the details with regard to the registrations that were carried out. The said letter reads as under:-

“I invite your attention to the reference cited, through which you were requested to not to entertain any sale transactions on the lands transacted by the Industrial Employees Co-Op House Building Society, but it has come to the notice of the District Collector that certain transactions on the lands transacted by the Society are still being entertained by the Sub-Registrars.

I therefore request you to look into the matter personally and intimate whether any registrations entertained by the Sub-Registrars of Sangareddy and Patancheru on the society lands from 2006 to till date and if so, please furnish the details of the said registrations.

Treat this as "Most Urgent".”

5. Regarding the subject matter, G.O.Ms.No.1077, Revenue (Assn.IV) Department, dated 07.8.2007, was issued by the then Government of Andhra Pradesh, wherein and whereby, narrating the details of the enquiries conducted, the Government observed as follows:-

“Govt after careful examination have decided that the request of the Ameenpur, Beeramguda, Naraguda, Tellapur Plot Purchasers Welfare Association for regularization of the plots purchased by them from the said society in so far as Govt. Lands, assigned lands and lands belonging to Ex-Serviceman and Freedom Fighters do not deserve any consideration as it would violate the provisions of the AP Assigned Lands (POT) Act 1977 (9/77). Accordingly, the request of Ameenpur, beeramguda, Naraguda, Tellapur Plot Purchasers Welfare Association for regularization submitted through their representation first read above, is hereby rejected. In respect of the patta lands, it is decided that the said patta lands acquired by the society be handed over to the said society for taking necessary action as per the provisions of the Cooperative Act in consultation with Registrar of Cooperative Society, Hyderabad.”

6. The afore-mentioned letters and the G.O. were held unsustainable and accordingly, set aside by this Court through common order in Writ Petition No.9604 of 2020 and batch, dated 28.02.2023, wherein this Court held as under:-

“In the light of the above, the impugned orders passed by the respondents in these batch of Writ Petitions by referring to the letters of the District Collector, Sanga Reddy District i.e., Lr.No.F1/2051/06, dated 28.11.2006 and 28.01.2017 and G.O.Ms.No.1077, dated 07.08.2007, are unsustainable and accordingly, they are hereby set aside and consequently, the respondentregistering authorities are directed to receive the returned documents covered by impugned refusal orders in the respective Writ Petitions and process the same for registration without reference to the Lr.No.F1/2051/06, dated 28.11.2006 and 28.01.2017 and G.O.Ms.No.1077 dated 07.08.2007 and complete the process in accordance with law within a period of three (3) weeks from the date of presentation of the returned documents by the respective petitioners and release the same in favour of the respective petitioners, subject to the said document complying with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.”

7. Learned Assistant Government Pleader for Stamps and Registration who argued the matter did not state that the above order was put to challenge before higher forum.

Therefore, the Registering Authority ought not to have rejected the subject document basing on the same GO and letter which were set aside by this Court.

8. Thus, in the light of the factual scenario that exists as on this day, this Court is of the view the impugned Refusal Order passed by respondent No.4 is unsustainable.

9. Consequently, the Writ Petition is allowed. The Refusal Order communicated through Memo No.230 of 2023, dated 26.9.2023, passed by respondent No.4 i.e., Joint SubRegistrar-II, Sangareddy is set aside. The Registering Authority is directed to receive, register and release the subject document i.e., the sale deed covered under the impugned Refusal Order in respect of Open Plot bearing No.442-G, admeasuring 500 square yards, located in Sy.No.343 of Tellapur Village, Ramachandrapuram Mandal, Sangareddy District, without reference to the letters vide Lr.No.F1/2051/06, dated 28.11.2006 and 28.01.2017 and G.O.Ms.No.1077, Revenue (Assn.IV) Department, dated 07.08.2007, in case, the said document complies with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899. The Registering Authority can refuse to register the document in case the document is prohibited for registration under any of the provisions of law, Rules or Regulations made thereunder. However, the reasons assigned thereof and the decision taken shall be communicated to the petitioner in writing. There shall be no order as to costs.

10. Miscellaneous petitions pending, if any, shall stand closed.