THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.21496 of 2025

ORDER:

Heard Sri R.Pavan Reddy, learned counsel for the petitioner and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the entire material on record.

2. It is stated that the petitioner questioning the intimation of refusal order No.R1 of 2025 dated 04.07.2025 vide pending document bearing No.P2/2025 passed by the respondent No.3 on the ground that the subject property is under prohibited properties list for registration, as not acquired by the executing party (Donor) by means of a valid registered document as informed by the Commissioner and Inspector General Registration and Stamps vide Memo No.G2/257/2019 dated 26.08.2020 and Memo even number dated 29.12.2020 besides with reference to the Commissioner and Inspector General Registration and Stamps Mail dated

02.01.2005.

3. Basing on the counter affidavit filed by the respondent No.3, the petitioner relies on the simple Sale Deed dated 08.08.2018, which was not registered but later validated through impounding under Section 41 of the Indian Stamp Act, 1899 and validation of the subject document under Section 41 is not equivalent to registration as clarified in Commissioner and Inspector General’s Mail dated 02.01.2008 and also the Memos issued by the Commissioner and Inspector General’s vide Memo No.G2/257/2019 dated 26.08.2020 read with clarification dated 29.12.2020.

4. The relevant portion at Para No.2 of the Memo No.G2/257/ 2019 dated 29.12.2020 stated as under:

“2) In order to obviate any hardship relating to registration of documents, after careful consideration of the relevant provisions of law and circumstances, the following clarifications are issued, in partial modification of the instructions cited under reference above:

i) Registrations can be taken up in respect of open plots/structures, if the same has been acquired by the present owner through a valid registered document earlier.

ii) However, no "new plot" shall be registered unless it has been approved by the competent authority or is in an authorised layout. New plot would mean a fresh plot which is being brought for registration for the first time or being sold by developers for the first time.

iii) As clarified earlier, there is no restriction on registration of plots in authorised layouts, plots regularised under earlier LRS Schemes and buildings/structures covered under earlier BPS/BRS Schemes.”

5. As per Clause 2(i) of the Memo dated 29.12.2020 shows that Registrations can be taken up in respect of open plots/structures, if the same has been acquired by the present owner through a valid registered document earlier.

6. In the instant case, the petitioner is the owner and possessor of the land admeasuring 1296 Sq. Yards in Survey No.453 situated at Atmakur Village, near Achaiah Pamu and the same was purchased through a simple Sale Deed dated 08.08.2018, consequently, the same was impounded on 06.06.2024 by the respondent No.2 after following due process of law and also after paying the necessary stamp duty and penalty from the petitioner.

7. Once the Sale Deed was impounded by the competent authority, it can be taken into account as the same is a valid document on par with the registered document as per the order of this Court in W.P.No.16310 of 2019 and batch dated 11.01.2023 and the relevant portion of the said order is extracted as under:

“13. The power of the registering authority to refuse registration is only, if any of the grounds or objections that are enumerated under the provisions of the Registration Act, 1908, and the Rules made thereunder in particular Sections 19, 20, 21, 22-A, 34, 35 and rule 58 of the Telangana Rules under the Registration Act, 1908, are existing in respect of any such document presented for the registration. Except, the grounds or objections that are enumerated under the provisions of the Registration Act, 1908, the registering authorities have n