High Court · 2025
Case Details
ffijlt"fi1'',I1%1Sff l,y; j,'(";#l'ft '"1,#,:13:?Hlo1:,'fi Sl?ff s.ff B'l?i:i Pnor??1'u"nuorr, s/ o. Bhan Bahadur' Aged.about 49 Years' occ^Business "Fy;H'r.i'.''i'i:ii;-alo. xoinJ*Ii"lwiii."sri' war4ngal District 5000e7' ...PErrnoNERS AND 1. The State of Telangana' Rep by its Principal Secretarv' Revenuo ( Stampt and Resistration oepaiml"fr l-dr'ii n. Ailueat<ar r.s secretariat buildlng' Hvderabad z. i'fr"-OGiil"t Registrar' Ransa Reddv District - 5. t# 5[t]'R;blii'i Le Nio"ar Rania Reddv District ...RE''.NDENT6 Petitiqn under Article 226 ot lhe Constitution of lndla praylng that in tha circumstansgsstatedintheaffidavitfiledtherewith,theHighCgurtmaybe pleasedtoi$sUea;rappropr.iatewrit,orderordirectionmqreparticularlyqnPinthe nature qf wRlT oF MANDANIus declarins 15e pioceedlnes of the 911l:f]*t i.e, lntimatiqn of Refusal vide Refusal Order No 9? ol f,Q23 $ated 17'08'!02p,aq illegal atbitrary, and in violation of principles of natural lustice' and algo in violation pf Artiel-'e 1t4 and 21 of the constitution of lndia and set ?Side the safne end conseqqently direct the respondent No 3 to register P' 227 l?02'1 df lV'08'2AZ? and release thq same in favour of the petitioner' lA No:.? oF" 2925 Petitiqn under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petrtiorr' (re High Court may be pleased to considerthedoCUmentasitisoriginalwhichisinpossessionofthepetitignerand 7 consequently direct the respondents to receive and register / release the same regisiered sale deed vide document No. 9640 of 1980 registered in the office of the District Registrar RO Hyderabad in favour of the petitioner forthwith, pendin-g disposal of the writ petition lA NO: 4 OF 2025 -------l:--'-T-1- P,etitipn under Section 151 CPC praying that in the circumstanges $!ate! il lhe affidavit filgd in sr.rpport of the petiticn the High Court may be pleased ta sel Aslde tbe refuQal ord€'r no 92 of 2023 daled 0411112023 and direct the re$pondFnl No 3 tq gonsider the original document copy vide Doc No 9640 of 1980 of Book No I daled 2211011980 Volume No 876 pages 124 to 129 registered in the office of the Olqtrict Registrar RO Hyderabad on the presentation ot the original qopy by thg pqlitionqrs hgfore tfre, cqncerned authorities for examinption ?nd E-qmo IaY be qgnoidered €nd relqase lhe sale deed document i.e., pending Doc fq P.Ne 2?7 qf 2Q?3 dAted O4t11EA23 and release the same if favour of the petitioner. Qounssl for the Petitioners: SRI RAVENDAR SAMALA Corinse! for the Rebpondentsr GP FOR STAMPS AND REGISTRATI9N Tbe Cqurt mqde the lollowing: ORDER I I THE H ON ,BLE SRI JUSTIcE N.V- SHRAVAN Writ Petition No.1265 of 2025 ORDER: This writ petition is filed questioning the action of respondent No.3 i.e., Intimation of Refus aJ uide Refusa_l Order No.92 of 2023 d,ated, 72.08.2023 AS iilegal ald arbitraqr and set aside the same and consequently direct respondent No.3 to regisrer pending Doc.p.No.22Z/2021 dated 17.08.2023 and release the same in favour of the petitioner
2. The brief lacts of the case are that one Manyam Prakash has executed Agreement of Sa_le cum General Power of Attorney (with possessiorr) on 17 .o8.2o23 in favour of petitioners herein with respect to plot No.1 16, admeasuring 160 sq.yds., in Sy.Nos. 151, lS4,155 and 157 at Meerpet Village, Hayathnagar Taluk, Ranga Reddy District and presented the same before Sub-Registrar, L.B.Nagar i.e., respondent No.3 herein for registration. Flowever, respondent No.3 refused to register the said document and kept the document pending uicle P.No.227 /2023 and issued refusal orcler No.92 of 2O23. \ 2 The reasorLs for refusal of the said docr-iment are stated as follows: "The document is purported to be an Agreement of Sale cum GPA deed was presented for registration on 17.08.2023 bg Sri Mangam Prakash S/ o.M.Nagabhushanam R/ o.H.No. 1 1 - 6-146/ 2, Cherukuthota Colony, Saroontagar, Hgderabad - 500 035. The properties stated in the Schedule of propertA is open land beaing plot no.1l6, Sy.Nos.lSJ, 154, 155 and 757 atimeasuring,' 160 sq.gds., situated at Meerpet Village, Balapur Mandal, Ranga Reddg Distict under Meerpet Municipaitg and the same document uas kept pertding for scruting. On scruting of tlrc document, it is noticed that the partg did not produce original Link doanment (Doc.No.9640/ 19BO) stated to haue been registered at R.O.Hgderabad. On calLing for the certified copg and the index particulars from the Joint Sub-Registrar, Hyderabad, the Joint Sub-Registrar, Hgderabad has infonned tlwough their letter No.597/ 2023 dated 30.09.2023, that the record is torned/ damaged condition and the same u)as not digitalized. He has also informed that the Indexes and plans are not found and not in a I J position to issue certi,fied copy of the aboue document. Hence, in uieu of suspicion utith regard to the authenticity of the link Doc.No.9640/ 1980 stated to haue been registered at R.O., Hgderabad, this document is refused registration under Sections 32, 34 and 82 of the Registration Act, 1908 r/w Registration Rule 58.',
3. When the matter is taken up for hearing, learned counsel for the petitioner submits that they have fouhd original link document i.e., Doc.Irlo.9640 of 1980 and a copy of same has been served on the other side. Learned counsel submits that since the link document has been now traced, petitioner may be permitted to present the said link document before the Sub-Registrar for scrutiny.
4. Learned Assistant Government Pleader for Revenue appearing on behalf of the respondents reports objection for the submission made by the learned counsel for the petitioner. I I 4
5. Accordingly, the refusa,l order dated 17.O8.2023 in Order No.92 ol 2023 is hereby set aside and the rvrit petition is disposed of with a direction to the respondent authorities to examine the link document which is to be presented by the petitioner ur2., Doc.No.964O o{ 1980 and pass appropriate orders within a period of three (3) weeks from the clate of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on merits.
6. TtLis writ petition is disposed of, accordingiy Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs. //TRUE COPY// SD/.K. SREF: RAMA MURTHY ASSIST,ANT REGISTRAR I ril\t. 'J \icrror.r orircen The Principal l3ecretary, Revenue ( $tamps and Registration. Department ) Dr e. ii.'di65a]ir-,i5 Siireiariat bu iidi ns, H vd era bad, State of Telan g a na ine Oistrict Re:gistrar Ranga Reddy District The Sub Reqistrar, LB Nagar' Ranqa Reddy Dlstrlct 6'n"e E C t.; s"Ci' nnw r.r oA"C 5n u Ale. e-o v irc a te [or U c I i;; ;d";;Gp io'n sinrr,rpE ni'rildrotsinAt'tot't, H'ish court ror the Siate of Telangana. at Hyderabad. [OUl Two CD CoPies ^ / l To
1. z. 3. 4. 6 6 PSK. BS / HIGH COURT DATED:2810212425 , ORDER WP.No.1265 of 2025 ( o !) Y,+ 1HE sl4/ e <r^ r c 0 6 l'lnfi' 2025 {- a PA, r,$ DISPOSING OF THE WRIT PETITION WITHOUT COSTS /fr @ 6lYlt,s