THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

COMMON ORDER

filed seeking to set aside the Memo No.146, 145, 186 and 187 of 2023 dated 15.03.2023 and 12.04.2023, respectively, wherein and whereby, the 3rd respondent, Sub-Registrar, Champapet, refused registration of the Pending Documents No.P-60, 59, 84 and 85 of 2023, respectively, intimating the petitioners that as per Section 22-A(1)(a) of the Registration Act 1908 the survey numbers of the property comes under Government Land besides there is no NALA proceeding and the subject land falls under unauthorised layout.

2. Since the issues fell for consideration in all these writ petitions are common, whereby impugned Memos concerning the pending documents are questioned, as such, all these writ petitions are taken up for analogous hearing and are being disposed of by way of this common order.

3. It is to be noted that in W.Ps. No.9881, 9939, 9952 and 9963 of 2024, wherein the impugned Memos issued are pertaining to the Sale Deed Documents dated 04.02.2023, 04.03.2023 and 01.04.2023, respectively.

4. It is the case of the petitioners that on the earlier occasion they filed W.Ps. No.1739, 1736, 7357 and 7324 of 2023 aggrieved by the action of the 3^rd respondent in refusing to receive, register and release the documents submitted by the petitioners for registration in respect of the land admeasuring 14,520 sq.yds., 4,840 sq.yds., 4,840 sq.yds., and 4,840 sq.yds., respectively, which is part and parcel of land in Sy.No.99/1/5 of Mamidipalle village of Balapur Mandal, Kandakur Revenue Sub-Division, Ranga Reddy District, without assigning any reasons and the same were disposed of by this Court on 23.01.2023 and 16.03.2023, respectively, with a direction to the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899 leaving it open to the Registering Authority to refuse the document presented, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. Subsequently, the petitioners upon execution of the documents and after duly paying the requisite challans have submitted the subject documents for registration and completed the entire registration procedure. Thereafter, the 3^rd respondent took it upon himself and issued the impugned Memos dated 15.03.2023 and 12.04.2023, respectively refusing registration of the pending documents. Challenging the same, the petitioners have filed the present writ petitions.

5. On behalf of the 3rd respondent, Sub-Registrar, Champapet, while denying the writs averments, had filed separate counters/vacate affidavits in all these writ petitions, (For the sake of convenience, averments made in counter/vacate filed in W.P. No.9939 of 2024 are taken note), inter alia, stating that a sale deed was executed on 04.03.2023 by ZAL MANECK FOUNDATION represented by its Trustee Sarosh Sam Bastawala in favour of Sarika Kuchimanchi affecting an extent of 4840 sq.yds., in Sy.No.99/1/5 of Mamidipalli village, Balapur Mandal, Kandukur Revenue Division, Ranga Reddy District and was presented before the 3^rd respondent for registration which was initially kept pending as P.No.59 of 2023. On scrutiny of the document, it was noticed that the schedule property was notified under Section 22(A) of the Registration Act, 1908. The petitioners were informed refusal of registration vide impugned Memos dated 15.03.2023. The documents were refused registration under Section 71 of the Registration Act, 1908 and further submitted that the petitioners without availing alternative remedy of appeal under Section 72 of the Registration Act, have chosen to invoke extraordinary jurisdiction under Article 226 of the Constitution of India by way of filing the present writ petitions.

6. It is further submitted that in G.O.Ms. No.786 Revenue (Regn.I) Department, dated 09.11.1999, a notification was is