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Judgment
This writ petition is filed aggrieved by the action of respondent No.4/Thahsildar-Cum-Joint Sub-Registrar, Mariguda in issuing the impugned order vide Endorsement No.B/Bhu Bharathi/73/2026 dated 31.01.2026 as being illegal, manifestly arbitrary, malafide, malicious and violative of the Fundamental Rights of the petitioners under Articles 14, 19 and 300-A of the Constitution of India and further violative of the provisions of the Telangana Bhu-Bharathi (Record of Rights) Act, 2025, Telangana Bhu-Bharathi (Record of Rights) Rules, 2025 and Registration Act, 1908 and seeking a consequential direction to respondent No.4 to register the (05) Gift Deeds (Gift Settlement in F/o Family Member) dated 25.01.2026 and 31.01.2026 (hereinafter referred as 'subject documents) as presented by the petitioners before the respondent No.4 on 31.01.2026 vide Application Nos.2600047205, 2600047034, 2600047042, 2600047046, 2600047050 and release the originals to the petitioners after registering the same.
The brief facts of the case are that as per the pahanies for the year 1955-58, the land admeasuring Ac.5-00 guntas in Sy.No.5/AA in Mariguda village & mandal, Nalgonda District belonged to one late Sri Ponugoti Appaiah and the same was recorded as agricultural land which was claimed to be in sole possession and occupation of Ponugoti Appaiah and upon demise of the said Ponugoti Appaiah in the year 1981, his sons Sri Ponugoti Venkat Rao, Sri Ponugoti Laxma Rao, Sri Ponugoti Anantha Rao and Sri Ponugoti Yadagiri succeeded to the land in Sy.No.5/AA, as such their names were recorded in the pahanies for the extent of land admeasuring Ac.3.35 guntas in Sy.No.5/AA and in the meantime the petitioners alienated a portion of the land belonging to them in favour of their vendees. It is further submitted that Sri Ponugoti Venkat Rao expired leaving behind his sons Sri Ponugoti Anjan Rao and Goverdhan Rao, as such by 2018, the petitioner Nos.1 to 5 own agricultural land and were conducting agricultural activities, receiving Rythu Bandu/Bhima for the above lands. It is further submitted that petitioner Nos.1 to 5 are the family members and petitioner No.6 is the son of petitioner No.1 and petitioner No.7 is the son of petitioner No.2 and out of natural love and affection, the petitioner Nos.1 to 5 executed Gift deeds relating to above mentioned agricultural lands in favour of the petitioner Nos.6 and 7 on 25.01.2026 & 31.01.2026.
It is further submitted that after having executed the subject documents relating to the agricultural lands, the petitioners approached the Mee-Seva, made applications and booked slot for the purpose of registration of the Gift deeds and the respondent No.4/ Thahsildar-Cum-Joint Sub-Registrar, Marriguda granted slots on 31.01.2026 for the purpose of registration of the subject documents. Accordingly, on 31.01.2026, the petitioners presented the Gift deeds before the respondent No.4/Thahsildar-Cum-Joint Sub-Registrar, Marriguda for the purpose of registration of Gift Settlement Deeds relating to agricultural property however, the same were rejected by the respondent No.4/ Thahsildar-Cum-Joint Sub-Registrar, Marriguda and issued impugned endorsement dated 31.01.2026 to the petitioners, which reads as under:
"Accordingly, although online Pattedara Passbooks have been issued in favour of the applicants, several complaints have been received alleging that residential houses already exist on the subject lands; the lands have been converted into house plots; houses and other permanent structures have been constructed thereon; and several persons claim to have purchased the lands under unregistered/plain paper transactions and have obtained entries in the Gram Panchayat records. Since the objections have been received and, upon preliminary enquiry, it has been found that residential plots and houses exist over the subject lands, the Gift Deed registration slots booked by you cannot be processed or acted upon at this stage".
Questioning the in action on the part of respondent No.4/ Thahsildar-Cum-Joint Sub-Registrar, Marriguda in rejecting the subject documents presented for registration on 31.01.2026, the petitioners filed the present writ petition.
Sri J. Ramchander Rao, learned senior counsel appearing for petitioners had placed the copy of the Bhu-Bharati (Record of Rights) records as extracted from the Bhu Bharati Portal generated on 22.07.2026 and the records were updated on 22.07.2026. Learned senior counsel would submit that the petitioner Nos.1 to 5 are the donors vide Gift Settlement Deeds dated 25.01.2026 and 31.01.2026 and petitioner Nos.6 and 7 are the donees. The subject documents were presented before respondent No.4/ Thahsildar-Cum-Joint Sub-Registrar, Mariguda on 31.01.2026 vide applications Nos.2600047205, 2600047034, 2600047042, 2600047046, 2600047050. In the documents extracted from Bhu Bharati Portal (Record of Rights), the said lands are shown as Wet/Dry/Metta lands and type of land is classified as Agriculture Lands and various katha numbers have also been allotted to the pattedars who are the petitioner Nos.1 to 5 herein. On a verification of the pattedar pass books of the petitioner Nos.1 to 5 they were issued on 24.04.2018 for various extents i.e., to an extent of Ac.3.13 guntas for petitioner No.1, for an extent of Ac.3.10 guntas for petitioner No.2, for an extent of Ac.3.14 guntas for petitioner No.3, for an extent of Ac.1.38 guntas for petitioner No.4, for an extent of Ac.1.26 guntas for petitioner No.5.
Learned senior counsel further submits that since the subject lands are shown as agriculture lands, the jurisdictional authority to register the subject documents would rest with respondent No.4 who is the Thahsildar-Cum-Joint Sub-Registrar. The petitioners have also placed copies of the slot booking and advisory which was generated and downloaded from the Bhu Bharati Portal authorized by the Office of the Thahsildar-Cum-Joint Sub-Registrar. It is further submitted that the petitioners have also paid stamp duty by way of e-challan which has been collected for the lands sought for registration under the agriculture category. Learned senior counsel further submits that since the petitioners have complied with the provisions of the of Indian Registration Act, 1908 and the Indian Stamp Act, 1899, duty is casted upon the respondent No.4 to register the documents having received the stamp duty as well as applications vide slot booking on 31.01.2026.
Per contra, learned Government Pleader appearing for Revenue submits that certain objections have been received in respect of the subject lands and moreover the subject lands are no more agriculture lands and in this regard a report is sought from the Panchayat Department. It is further submitted that since the lands have been converted from agriculture to non-agriculture, the jurisdiction for the purpose of registration lies with the Sub-Registrar, Chandoor Division, Nalgonda District. Learned Government Pleader for Revenue after arguing at length submits that the subject lands are classified as agriculture lands and the respondent authorities would take steps in updating the records inconsonance with the report received from the Panchayat Department and the said exercise would take some time to be executed and prayed to pass appropriate orders.
Heard and perused the record.
As submitted by the learned Assistant Government Pleader for Revenue that the subject lands have been converted to non- agriculture but on record they are shown as agriculture lands as per Bhu-Bharati Portal and in such a scenario, the petitioners cannot present the Gift deeds before the Sub-Registrar, Chandoor Division, Nalgonda District who only deals with registration of non-agriculture lands. It is to be noted that the petitioners cannot suffer at the cost of delay caused by the respondent authorities in changing the classification of subject lands from agriculture to non-agriculture lands since it would effect the rights of the petitioners as they could not deal with their properties to meet their family exigencies.
Considering the submissions made by the learned counsel on either side and since the petitioners have already submitted applications dated 31.01.2026 for registration of the Gift deeds before respondent No.4 and slots were booked on 31.01.2026 for registration of Gift deeds, this Court is of the opinion that as long as the subject property continues to be classified as agriculture lands as shown in the 'ROR' Portal in terms of Bhu Bharati Act, 2025, the respondent No.4 is vested with the jurisdiction to register the Gift deeds presented for registration, as such, to the extent of registration of subject documents, the 4th respondent is directed to receive, process and register the subject documents, if they are otherwise found to be in compliance with the provisions of Indian Registration Act, 1908 and the Indian Stamp Act, 1899 and pass appropriate orders strictly in accordance with law.
It is made clear that the petitioners may pursue further registration subject to the classification of the lands in future.
With these directions, this Writ Petition stands disposed of with consent. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed.