THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.3626 of 2025

ORDER:

1. Aggrieved by the action of the respondent No.2 in refusing to receive and register sale deed in respect of the in Sy.No.441/8, admeasuring to an extent of Ac.1.00 guntas, situated at Pentakalan Village of Bodhan Mandal, Nizamabad District, presented by petitioners, the petitioners filed the present writ petition.

2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.

3. The Learned counsel appearing for the petitioners would submit that the petitioner No.1 is the owner and possessor of land admeasuring to an extent of Ac.1.00 guntas, situated in Sy.No.441/8, of Pentakalan Village of Bodhan Mandal, Nizamabad District (hereinafter referred to ‘subject property’), having purchased through registered sale deed No.796/2005 dated 23.02.2005 under Land Purchase Scheme from Nizam Sugar Limited, Shakkar Nagar, Bodhan Mandal and the said extent also stated to have been recorded in the name of the petitioner No.1 in the revenue records. When petitioner No.1 intended to execute the sale deed in respect of the subject land in favour of the petitioner No.2, approached the respondent No.2 and booked a slot for registration to be made on 29.01.2025, but the respondent No.2 refused to receive the said document on the ground that the subject property was purchased under the Land Purchase Scheme and hence filed the present writ petition.

4. The learned Counsel for the petitioners would further submit that in a similar and identical land registration, this Court passed orders in W.P.No.31573 of 2022 dated 15.12.2022 directing the respondent No.2 therein to register the sale document and in the instant case also the petitioner No.1 purchased the subject property under Land Purchase Scheme from Nizam Sugar Factory with the help of loan from financial corporations and such loans were waived off by the then Government in the year, 2004.

5. The learned Assistant Government Pleader for Stamps and Registration basing on the instructions submitted by the respondent No.2 submit that the land in Sy.No.430 to an extent of Ac.8.35 guntas situated at Pentakalan Village Shivar of Bodhan Mandal stands in the name of Nizam Sugar Factory and on perusal of manual pahanies the subject land was allotted to the petitioner No.1 vide document No.796 of 2005, dated 23.02.2005, but did not deny the orders passed by this Court in a similar and identical matter in W.P.No.31573 of 2022 and requested to pass appropriate orders.

6. In view of the submissions made by the both sides and by following the Orders passed by this Court in W.P.No.31573 of 2022, dated 15.12.2022, the writ petition is disposed of directing that the Registering Authority/respondent No.2 to receive the document sough to be presented by the petitioners in respect of the subject property and complete the process within two (2) weeks from the date of presentation of the said document by the petitioners subject to the said document complying with the requirements of Registration Act, 1908 and Indian Stamps Act, 1899.

7. The Registry is directed to annex copy of order in W.P.No.31573 of 2022 dated 15.12.2022 along with this order.

8. Miscellaneous petitions, if any, pending shall stand closed. No order as to costs.

__________________________ JUSTICE K.SARATH Date: 08.04.2025 trr