ORDER

This writ petition is filed to declare the proceedings of respondent No.4 in Lr.No.354/RO(OB)/HYD(S)/2024 dated 31.05.2024 being refusal Order No.16/2024 refusing to register and release the document presented by the petitioner i.e., Power of Attorney dated 31.05.2024 in respect of the property situated in Municipal Ward No.8, Block No.2, Old TS No.1, 2, 3, 4/P, Block G, Ward No.10, on Jubilee Hills Municipality, Plot No.4, admeasuring 14036 sq.yds., at JHM layout, Road No.2, Banjara Hills, Shaikpet Mandal, Hyderabad (subject property) as illegal and arbitrary and to issue a consequential direction to respondent No.4 to register and release the subject document.

2. The brief facts as stated are that one Smt.Musthaq Fathima D/o.Laiq Khan claims to be the original owner of the subject property, which was sold to the father of the petitioner viz., M.A.Waheed under a registered sale deed dated 28.06.1952. Originally the said Musthaq Fathima received the subject property by way of grant from erstwhile State of Hyderabad and her name was entered into revenue records as : :2::

per the proceedings of District Collector, for the year 1947. The then Government of Andhra Pradesh issued a Memo vide No.3933/Q2/64-17 dated 06.12.1967 merging the Jubilee Hills Municipality with the Hyderabad Municipal Corporation and has enquired into the land assignments to various persons in the Jubilee Hills Municipality and ratified 41 cases as recommended by the Collector. As such the subject property was assigned in the name of said Musthaq Fathima.

3. Mr.J.Ramchander Rao, learned senior counsel for the petitioner would submit that as per the proceedings of the MRO, Golconda Mandal dated 29.03.1985, plot No.4 of JHM is not a Government land and that the Town Survey Register pertaining to Block-G, Ward No.10 of Shaikpet Village also shows that JHM plot No.4, admeasuring Ac.2-36 gts., belongs to Mrs.Musthaq Fathima. He would further submit that as per the information sought by the petitioner under Right to Information Act, 2005 dated 24.04.2018 the subject lands in TS Nos.1, 2, 3, 4/P, Block No.G, Ward No.10, JHM Plot No.4, Shaikpet Village and Mandal is not found in the list of Ceiling Surplus Lands and no possession was taken under Section 10(6) of the ULC Act. He would further submitted that from all the above said facts, it is : :3::

clear that subject property belongs to Smt.Musthaq Fathima and subsequently she sold the same to the father of the petitioner and after the death of petitioner’s father on

02.09.2017, petitioner has succeeded to the subject property.

4. Learned senior counsel further submits that petitioner has executed a GPA dated 31.05.2024 in favour of M/s.SRPV Infra Pvt.Ltd., in respect of the subject land and the same was presented for registration before respondent No.4 on 21.05.2024. Whereas, respondent No.4 refused to register the same and issued order of refusal under Order No.16/2024 for the following reasons:

(a) As per the Circular Memo of the Commissioner and Inspector General, dated 21.08.2012, the Principal has to produce his title deed of the property for giving sale power through the GPA, but in the instant case the Principal in the subject document has not produced any valid title deeds for verification.

(b) As per the Circular Memo dated 24.08.2021 of the Commissioner and Inspector General, the Sub- Registrar has to verify the link documents to establish the ownership of the Principal in the document and further the Sub-Registrar has to verify the land holding claims through EC particulars and : :4::

also could verify the prohibition particulars in the CARD module.

(c) As per the Circular Memo of the Commissioner and Inspector General, dated 28.05.2019, it is mandatory to verify the ownership details of the property basing on the property tax identification number (PTIN) mentioned in the document, but in the instant case the executant has not produced or mentioned any PTIN number in the document for verification of ownershi