THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3512 of 2025

ORDER

This writ petition is filed seeking the following prayer:-

“to declare the action of the 4th Respondent in refusing to receive, register and release the lease deed and mortgage deed presented by the petitioner in respect of land admeasuring 0- 17.69 guntas or equivalent 2140 Sq.yards along with temporary structures in Sy No.11/33, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, as illegal, arbitrary, without jurisdiction and contrary to the provision of the Registration Act, 1908 and in violation of Article 14 of the Constitution of India and consequently direct the 4th Respondent to receive, register and release lease deed and the mortgage deed in respect of land admeasuring 0-17.69 guntas or equivalent 2140 Sq.yards along with temporary structures in Sy No.11/33, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District.”

2. Brief facts to this writ petition are that the petitioner claims to be absolute owner and possessor of the land admeasuring 0-17.69 guntas or equivalent 2140 Sq.yards along with temporary structures in Sy No.11/33, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, having acquired the same through registered sale deed bearing Doc.No.8661 of 2016 dated 11.07.2016. Thereafter, the petitioner on 01.09.2021 executed a Lease deed in favour of M/s. Sreeven Ventures and approached registering authority for registration of lease deed. However, the same was refused and assigned pending document No.P/1250/2021. Aggrieved by same, petitioner filed W.P.No.28348 of 2021 and this Court vide interim order dated

11.11.2021, directed the respondent authorities therein to register and release the pending Doc.No.P/1250/2021 and made clear that such registration would be subject to the outcome of the final orders to be passed in W.P.No.28348 of 2021.

3. Learned counsel for the petitioner submits that the period of lease dated 01.09.2021 is expired and the petitioner had executed release lease deed. It is further submitted that petitioner by mortgaging the subject property intended to obtain loan from the financial institution and executed a mortgage deed in respect of the subject property and approached the respondent No.4 and requested to register the release lease deed and mortgage deed. However, the respondent No.4 orally refused to register the subject documents.

Aggrieved by the same present writ petition is filed.

4. Learned counsel for the petitioner further submitted that the respondent authorities are duty bound to receive, register and release the subject documents and in case of not registering, they shall assign reasons for refusal and pass orders accordingly. As such, it is prayed to direct the registering authority to register and release the subject documents presented in respect of the subject property.

5. Learned Assistant Government Pleader for Stamps and Registration placed on record instructions issued by Deputy Collector and Tahsildar, Serilingampally Mandal, relevant portion is extracted here under:-

“In this regard, it is submitted that, as per old revenue records, the lands in Sy No.11 total admeasuring Ac. 359-09 gts of Khanamet village is classified as "Patta" in the name of Gurukul Ghatkesar Trust. Later the land in Sy No. 11 together with others lands in Khanamet village holding by the "Gurukul Ghatkesar Trust" have been declared as Urban Land ceiling Surplus lands vide CC No. H1/4933/76. Hence the subject lands have been notified in list of prohibitory property U/s.22-A of Registration Act, 1908 as the interest of the Government is involved.

The contention of the Writ Petitioner herein is that to process the registration document in respect of temporary structure in SyNo. 11/33 of Khanamet village, whereas, the above property which is being sought for registration is also part and parcel of ULC land declared vide CC No. H1/4933/76 against declarant "Guruk