ORDER:

This writ petition is filed to declare the action of respondent No.2 in refusing to register and release the Joint Development Agreement cum Irrevocable General Power of Attorney Document bearing Doc.No.P.55/2024, dated 01.02.2024 pertaining to the undivided share of land admeasuring 7,108.75 sq.yds., in Sy.No.196(P) and 199(P) of Kondapur Village, Serilingampally Mandal, Ranga Reddy District as illegal and arbitrary and direct respondent No.2 to register and release the same without insisting for conversion into non-agricultural land.

2. The brief facts of the case are that the petitioners have entered into a Joint Development Agreement cum irrevocable General Power of Attorney from a branch of Occupancy Right Holders which has been issued vide Doc.No.A1/124/75 dated 27.04.1979. Petitioner No.9 has presented the said document before respondent No.2 and the same was registered but respondent authority refused to release the said document demanding conversion proceedings from agriculture to non-agriculture as a pre-

condition to release the document.

3. A copy of Occupancy Right Certificate is annexed along with the material papers of the writ petition. It is further submitted that Sy.Nos.196P and 199P of Kondapur Village, Serilingampally Mandal, Ranga Reddy District is notified as partly residential and partly commercial zone and is affected by proposed 30 mtrs., wide roads as per the Master plan issued by HMDA. Land Distribution Certificate was also issued by HMDA to that effect. In view of the said classification, no passbooks, title deeds were issued in respect of said lands and Tahsildar is not the competent authority to register the said lands.

4. Thereafter, the petitioner also verified and obtained market value which has not been fixed in Acres but fixed in sq.yds., as per market value guidelines issued by Government under Section 47A of the Indian Stamp Act, 1899.

5. Learned counsel for the petitioner would rely on order passed by this Court in W.P.No.16708 of 2023 dated 30.06.2023 wherein at paragraph Nos.4 to 7 this Court held as follows:

“4. On the other hand, the submission of learned Assistant Government Pleader for Stamps and Registration representing Respondent Nos.1 & 2 is that though the subject land is converted into non-agricultural land, yet, the respondents are liable to pay Nala charges.

5. It is not the case of the respondents that the subject property is kept under prohibitory list through any notification issued under Section 22A of the Registration Act.

6. Learned Assistant Government Pleader for Stamps and Registration representing Respondent Nos.1 & 2 admits the submission of the learned counsel for the petitioners that the subject property was classified as non-agricultural land. Thus, only because Nala conversion charges were not paid, the registration of the subject property cannot be stopped and therefore, a direction can be issued to the parties to pay nala charges as and when directed. That apart, the Registering Authority has no power to keep the document pending without passing appropriate orders.

7. Hence, this Writ Petition is disposed of with the following direction:- Registering Authority is directed to process pending document vide Document No.P.1198 of 2021, in respect of land admeasuring 826.43 Sq.yards, equivalent to Ac.0- 06.83 guntas in Sy.Nos.135, 136, 139, 140 & 141 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District, register and release the document in case the document presented is in compliance with the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899, without insisting payment of Nala charges. 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 there under. However, the reasons assigned thereof and the decision taken shall be communicated to the petitioner in writing. The petitioners shall pay Nala charges without resistan