ORDER :

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for the respondents.

2. It is the case of the petitioners that one K.S.Amarnath had purchased the land admeasuring Acs.5.33 gts., situated in Sy.No.186 of VattinagulaPally Village, the then Rajendra Nagar Mandal, Ranga Reddy District in the year 1996 under a registered sale deed bearing document No.10088/2002. However during his life time, the said extent of land was not mutated in his name as he was otherwise busy. It is the further case that after the demise of said K.S.Amarnath, his wife and son stated to have succeeded to the said interest and executed an Agreement of Sale cum GPA, dated 28.08.2019 in favour of the petitioners herein.

3. When the said document was presented for registration before respondent No.4, the same was assigned pending No.648/1998. But finally the same was returned by respondent No.4 on the ground that respondent No.2 herein issued instructions through circular Memo No.G3/5079/2018, dated 20.05.2019, stating that the provisions of Section 6(B) and Section 6(D) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act, 1971’), applies equally to the Agreement of Sale cum GPA. Aggrieved thereby, the petitioners filed an appeal before respondent No.3 herein and respondent No.3, by an order dated 11.10.2019, dismissed the said appeal confirming the refusal order passed by respondent No.4. Aggrieved by the said refusal order dated 13.09.2019 and the appellate order dated 11.10.2019, the present Writ Petition is filed while challenging the circular Memo No.G3/5079/2018, dated 20.05.2019.

4. The learned counsel for the petitioners contended that the provisions of Act,1971, only relating to the entries made in the Revenue records and Pattadar Pass Books but not relating to registration of the documents, as the Registering Authority is not entitled to adjudicate or determine the rights of the parties and as such the circular dated 20.05.2019 issued by respondent No.2 putting the restrictions on registration of an Agreement of Sale cum GPA is contrary to the Indian Stamp Act and Registration Act, and thus contended that the action of respondent Nos.3 and 4 in insisting the executants of the said documents to produce the Pass Book and title deed, and updating the name of the executants on webland register etc., are totally without jurisdiction. He further contended that through the Agreement of Sale cum GPA in question no title is sought to be transferred in favour of the petitioners herein and transfer of title will takes place at a later stage and for the present, it is only authorizing is being given to the petitioners herein to manage the subject property.

5. Perused the material on record including the impugned proceedings and the circular Memo dated 20.05.2019. In order to appreciate the contentions of learned counsel for the petitioners and to decide the matter, it would be appropriate to note Section 6(B) and Section 6(D) of Telangana Rights in Land and Pattadar Pass Books Act, 1971, which reads as under:-

Section 6(B):

“(1) Pass Book holder to have entries of alienation etc., recorded in Pass Book :

(1) Notwithstanding anything contained in the Registration Act,1908 (Central Act 16 of 1908), every pass book holder presenting a document of title deed before a registering officer appointed under the said Act, on or after coming into force of the Telangana Record of Rights in Land and Pattadar Pass Books (Amendment) Act, 1994 relating, to a transaction in land, such as purchase or sale, mortgage, gift, lease or otherwise shall get the necessary entries in respect of such transaction recorded in the title deed and Pass Book by such registering officer.

(2) Every Pass Book holder acquiring a right by succession, survivorship, inheritance, partition, Government Patta, Court decree or otherwise shall get necessary entries in respect of such right recorded in the title and in the Pass Boo