HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.19494 of 2025

ORDER

It is stated that petitioner No.1 is the owner and possessor of the lands admeasuring Ac.0.0500 guntas in Sy.No.520/1/2/1 and Ac.0.3500 guntas in Sy.No. 520/1/2/2 situated at Ambam Revenue Village, Yedapalle Mandal, Nizamabad District having acquired the same through sale deeds bearing document Nos.9271 of 2020 dated 26.08.2020 and 451 of 2021 dated 03.08.2021 respectively. It is further stated that the name of petitioner No.1 was incorporated in the revenue records under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short “the ROR Act, 1971”) and he was also issued e-pattadar passbook No.T11260011036. It is further stated that due to family necessities, petitioner No.1 intended to dispose of the subject property in favour of petitioner No.2 and since the subject property is an agricultural land, they have presented a document before respondent No.2-Tahsildar-cum-Joint Sub- Registrar, duly paying the requisite fee. The grievance of the petitioners is that, though the petitioners have complied with all the requirements under the provisions of the Registration Act, 1908, respondent No.2, has not processed the said document for registration and also consequential transfer of the patta rights to petitioner No.2.

2. Considered the submissions made by Ms.B.Shirisha, learned counsel representing Sri Bhanothu Hussain, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for the respondents and perused the record, and with their consent, this writ petition is taken up for disposal at the admission stage.

3. Ms.B.Shirisha, learned counsel for the petitioners, has vehemently contended that there is no prohibition order nor any claims whatsoever by the Government over the land in dispute. Learned counsel further contended that the document submitted by the petitioners is kept pending even without assigning temporary registration number.

4. Prima facie, on verification of the record, it reveals that petitioner No.1 is the pattadar and the pattadar passbook was issued to him under the provisions of the Act 9 of 2020. The record further discloses that, petitioner No.1 has also paid requisite fee for registration of the sale deed in favour of petitioner No.2. Therefore, respondent No.2, being the Tahsildar-cum-Joint Sub-Registrar, has to process the document for the registration, unless he has any objection of non-compliance of the conditions laid down under Rule 58 of the Registration Rules. The document submitted by the executants is complied with the provisions of the Registration Act, 1908 and since the subject property is not under prohibited list for registration under the Registration Act, 1908, the Tahsildar has to compulsorily register the said document. If, for any reason, the said document is not submitted in conformity with the provisions of the Registration Act, 1908, the Tahsildar has to pass a reasoned order.

5. In view of the above submissions and since it is stated that the petitioners have already deposited requisite fee for registration, this Court deems it appropriate to dispose of this writ petition directing respondent No.2-the Tahsildar-cum-Joint Sub-Registrar to verify and examine the document submitted by petitioner No.1. If the said document complies with all the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, respondent No.2 shall process the same for registration. If, for any reason, the said document does not comply with the necessary requirements, respondent No.2 shall pass a reasoned order and communicate the decision thereon to the petitioner within a period of two (02) weeks from the date of receipt of a copy of this order.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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