WP/26245/2026 of K Dhanraj Vs The State of Telangana on 14 October 2026

ORDER:

Seeking to direct respondent No.4 to register and release the sa-1e deed (P.No.58l of 20251 dated 26.O9.2025 presented by the petitioners in respect of Plot No. I 12 admeasuring 500 Sq. Yards in Sy.No.146 situated at Brindavan Colony of Narsing Viiiage, Gandipet Mandal, Ranga Reddy District, without reference to the letter No.E7/4aO4 12024, dated 72.1I.2025, of respondent No.2, the present Writ Petition is filed.

- 2l Heard Sri S. Sridhar, learned counsel for the petitioners, iearned Government Pleader for Stamps and Regisrration for respondent Nos.1 to 4, and learned Government Pleader for Assignments appearing for respondent No.5

Learned counsel for the petitioners submits that one B.R.K. Rao was the absolute ou,ner and possessor of plot No.112 admeasunng 500 Sq. Yards in survey No. 14 situated at Brindavan Colony, Narsing Village, Gandipet Mandal, Ranga Reddl' District (hereinafter referred to as 'subject property') hav:ng purchased the same under registered sale deed document No.1425 of 1967 dated 26.07.1967 from one Smt-.P.Annapurnamma, who originaliy purchased the land admeasuring Acs.8-25 guntas in survey No.146 of Narsingi Village under a registered sale deed and thereafter dr:veloped the land into plots after obtaining necessary approvals from the then GrzLm Panchayat of Narsingi Village. Further, after the death of B.R.K. Rao, their legal inherited the property and they offered to sell the subject property to the petitioners and accordingly the parties have executed a sale deed dated 26.O9.2025 and ,- presented the same before respondent No.4 for registration, however, the document was refused for registration vide impugned refusa,l order on the ground that the subject property is falling under ceiling surplus land as per District Collector, Ranga Reddy District Lr.No.H2l l.O3O7 l8l9llOl76, dated 03.08.201 1 and Collector and District Magistrate, R.R. District vide Lr.No.E1 14404/2024, dated 12.I1.2025, which came to be passed contrary to the ratio laid down by the Hon'ble Supreme Court in State of U,P. u. Hari Rarz.t that mere vesting of the land under Section 10 (3) would not confer arly right on the State Government to have de facto possession of the vacant land unless there has been a voluntary surrender of vacant land before 18.03.1999 and State has to estabiish that there has been a voluntary surrender of vacant land or surrender and delivery of peaceful possession under Section 10 (5) or forceful dispossession under Section 10 (6). Hence, the learned counsel seeks indulgence of this Court and issue suitable directions to the respondents. I 2013 Supreme (SC) 221

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4) Per contra, the learned Government pleader for Assignment fi1ed a counter afhdavit marnly contending as under: "i0. The total land held by the declarant and his sons are 3,64,420.09 Sq.Mtrs, out of which an extent of 2,307.67 Sq.Mtrs is protected u/s.4 (11) ot the Act, thc declarants are 3ntitled to 1000.00 Sq.Mtrs ro each u/sa(1)(b) o- the Act totaling 4000.00 Sq.Mtrs. The village Narsingi falls in peripheral area of the Hyderabad Urban Aggl,tmeration G.O.Ms.No.733 dated 31,10-1988 where each of the declarant are entitled for exemption of Acres 5.00 (20,234.3Cr S0.114,r", each lotaling a (x) 5.00 Acres = Acrcs 20.00 (80937.20 Sq Mtrs). Thus the declarants hold the land to an extent of' 2,77,175.22 Sq.Mtrs in excess of the ceiling limit. Aggrieved by the said orders Smt.Annapurnamma W/o.P.V.Kutumba Rao and others, filed W.P. No.7460 of 2008 and the same was allowed b1, the Hon'ble High Court on l2-8-2OO9 u,hile setting aside the impugned orders. Against which the Government Irled W.A.No. 1380 l2OO9 before the Hon'ble Division lJench and the same is pending." Thus, the learned Government Pleader contends that as per the Government Records, the subject plot clearly fa_1ls under ceiling surplus. Hence, there are no merits and pravs to dismiss the wr.t petition.

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5) This Court has taken note of the submissions made by respective counsel and perused the material on record 6l The document presented by the petitioner is refused vide impugned Refusal Order No.2 of 2026 dated 13.01.2026 on th.e following ground: "Upon scrutiny it was found that the property involved in the document was declared as Ceiling Surplus Land as per District Col.lector, Ranga Reddy District vide Lr.No.H2l tO3O7 / I l9 / lO 176, Dated:t3 I 08 l2Ol1 and Collector & District Magistrate, R.R. Dist vide Lr.No.E1l4404 12024, Dated:l-2 /ll12025 which is prohibited from alienation Under Section 22-A of Registration Act." 7l As can be seen from the record, admittedly, vide order dated 12.08.2009 in W.P.No.7460 of 2008, this Court has set aside the Lr.No.H2l10307 to lO3lOl76, dated 03.08.2011, which form basis for issuance of Lr.No.El/4404 12024, dated L2.11.2025, based on which the present impugned refusal order came to be passed. Further, Writ Appeal No.1380 of 2009 frled against the order dated 12.08.2OO9 in W.P. No.7460 of 2008, is pending before the Division Bench of this Court and no interim l'

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orders are passed thereon in favour of the appellant- Government

8) In the above backdrop, the Writ petition is disposed of directing respondent No.4 to receive, register and release the subject document presented by the petitioner, without reference to rmpugned Refusal Order No.2 of 2026 dated 13.01.2026. Hor,vever, alv such registration shall be subject to outcome of Writ Appeal No.138O of 2009. Miscellaneous petitions pending, if any, shall stand closed No costs SDIK.V.O.NARSI BABU ASSISTANT REGISTRAR //TRUE COPY// /,Lr ort-oF To, SECTI FICER

1. The Principal Secretary Stamps Registration Department Secretariat Hyderabad

2. The District Collector, Ranga Reddy District

3. The District Registrar, Stamps and Registration Ranga Reddy District

4. The Sub Registrar, Gandipet Ranga Reddy District

5. The Special Officer, Competent Authority Urban Land Ceiling Ranga Reddy District

6. One CC to SRI S.SRIDHAR, Advocate [OPUC]

7. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CCs to GP FOR ASSIGNIVENTS, High Court for the State of Telangana, at Hyderabad [OUT]

9. Two CD Copies \) PMK PB

HIGH COURT CC TODAY DATED: '1411012026

ORDER

WP.No.26245 ot 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 'F 9,H + z[