THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

The present Writ Petition is filed aggrieved by the action of respondent No.3 i.e., the Sub Registrar, Ramagundam Mandal, Peddapalli District in refusing to register and release the Sale Deed Pending Document bearing No.P.14/2024 dated 01.10.2024 vide Intimation of Refusal No.07/2024 dated 10.10.2024 in respect of all that the Residential Open Plot in Sy.No.42 to an extent of 200 Sq. Yards Near H.No.6-2-Po0002, situated at Power House Colony, SCCL Quarters Internal Road Locality, Godavarikhani of Malkapur Revenue Village, within the limits of Municipal Corporation Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District Karimnagar, Sub-District, Ramagundam on the basis of G.O.Ms.No.118 Revenue Registration Department, dated

28.10.2020 and Memo No.G3/3247/2018 Dated

01.05.2019 issued respondent No.2.

2. Heard Sri Katika Ravinder Reddy, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3. Perused the record.

3. Facts in brief as stated in the Writ Petition are as follows:

Petitioner’s vendor by name Mr.Kotha Raji Reddy purchased land admeasuring Ac.1-10 gts., in Sy.No.42 of Malkapur Sivar, Godavarikhani, Ramagundam Mandal of Peddapalli District by way of simple sale deed and thereafter filed a Civil Suit against his vendors which was decreed vide O.S.No.1784 of 1989 before the District Munsiff Court at Sultanabad in favour of petitioner’s vendor. Thereafter petitioner’s vendor paid the stamp duty and penalty through the SBI CC Branch, Karimnagar and obtained the proceedings order through File No.G1/457/2021 dated 11.02.2021. The vendor of the petitioner had delivered physical possession of land before the elders to an extent of Ac.00-30 gts., out of Ac.1-00 gts., in Sy.No.42 of Malkapur Sivar, Godavarikhani, Ramagundam Mandal of Peddapalli District to one Mr.Jangapelli Ravinder and received sale consideration. Thereafter the said Mr.Jangapelli Ravinder has approached the Legal Services Authority by way of Pre Litigation Case against the vendor of the petitioner vide P.L.C.No.210 of 2020 and the same was compromised by way of Award passed by an order dated 27.02.2021 in terms of compromise. The petitioner’s vendor has executed a registered General Power of Attorney in favour of Mr.Jangapelli Ravinder vide document bearing No.2163 of 2021 dated 19.02.2021.

4. It is further submitted that due to the personal and family necessities, the vendor of the petitioner had offered to sell the aforesaid property through his General Power of Attorney Mr.Jangapelli Ravinder and on coming to know the same, petitioner approached his vendor to purchase the said property and his vendor has executed a sale deed in favour of the petitioner which was presented before respondent No.3 for registration. However, respondent No.3 has refused to register the said sale deed and assigned pending document bearing No.P.14/2024 dated 01.10.2024 vide intimation of refusal bearing No.07/2024 dated 10.10.2024 for the following reasons:

“There is no any Nala conversion certificate nor approved lay out orders and as per the G.O.Ms.No.118 Revenue (Registration) Department, dated 28.10.2020 the Tahsildars are appointed as Joint Sub Registrars to register the agriculture lands.

That the Commissioner and Inspector General (R&S) Department Memo No.G3/3247/2018 dated 01.05.2019 has instructed that whenever huge lands are showing in Square yards and sought to registration the Sub-Registrar invariably refer web land (Dharani Portal) and find out the real owners as per revenue records and insist upon NALA conversion certificate of agricultural land into non agriculture land issued by the competent authority.

Therefore the document is refused to registration under Section 71 of Registration Act, 1908.”

5. The learned counsel for the petitioner submits that as per G.O.Ms.No.118 Revenue Reg