High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of mandamus declaring inaction of the Respondent No.5 and 6 in refusing the registration with regard to execution of release deed in favour of the Petitioner No, 2 in respect of share of land to an extent, of Ac.2-23gts in Sy No. 603/4A, situated at Chinnamangalaram Village, Moinabad Mandal, R. R. District out of Ac.5-06gts as per the registered sale deed Doc No. 1274512005, Dt 30-12- 2005 on the file of Sub Registrar Office at Moinabad as illegal, arbitrary and violation of articles 14, 15,21 and 30-A of constitution of lndia, consequently direct the Respondents No. 5 to entertain the registration of release deed in favour of the Petitioner No 2 in respect of the land Ac.2-23gts in Sy No 603/A4, situated at 'y';'* 1',1- F chinnamangalaram village, Moinabad lvlandal, R. R. District out of Ac.5-06gts as per the registered sale deed Doc No. 1274512005, Dt.30-12-2005 on the file of Sub Registrar Offir:e at [/loinabad]' lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents No. 5 to register the release deed executing by the Petitioner No. 1 in favour of the Petitioner No 2 in respect of the land Ac 2-23gts in Sy No' 603iAA, situated at ch rnnamangalaram Village, Moinabad Mandal, R R District out of Ac.5-06gts as per the registered sale deed Doc No. 1274512005, Dt.30-12- 2005 on the file of Sub Regrstrar Offrce at lvloinabad lA NO: 2 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High court may be pleased to amend the portion of main prayer as "action" instead of "inaction" in the above writ petition Counsel for the Petitioners: SRl. RAPOLU BHASKAR Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURA,BLE SRI JUSTICE K.SARATH WRIT PETITION No.2O24 af 2O25 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Aggrieved by the inaction of the respondent Nos.S and 6 in refusing the registration with regard to execution of release deed in favour of the petitioner No.2 in respect of share of land to an extent of Ac.2-23 gts in Sy.No.6O3/AA, situated at Chinnamangalaram Village, Moinabad Mandal, R.R.District out o[ Ac.5-06 gts as per the registered sale deed Doc No.1274512005, Dated 30.L2.2OOS on the file of Sub Registrate Office at Moinabad, the petitioners hled the present writ petition

3. The Assistant Government Pleader has stated that the respondents lt ill lollort, the procedurc contemplated under 2 .SI(, J -2024 _20 2 5 w'P Section 71 of the Registration Act, 19Og (for short, ,the Act, 1eoS)

4. The Ser:tior-r 71 of the Act reads as follows: Ileasons for rr:l'usal to register to be recorded.- (1) Evcrv Sub-Registrar refusing to register a document, exocpt on the ground that the ltroperty to rvhich it relatcs is not situated r.r,ithin his sub- district shall rnake an ordcr of t-cfusal anr] recordcd his rcasons f<rr such order in his Book No.2, and enclorse the u,ords "registration refuse,d,' on the docurnent; anri, on application meide by any person execurrng or r:laimtng under lhe docunrcnt, shall, without payment and unnecessary delay, give him a c<lpy of thc reasons so recorded. (2) No registering officer shall accept lor registration a docu me nt so endorsed unless and until, rrnder the provisrons hercrnafter contained, the documcnt is directr.d to be registered.

5. In view of the above made submissions coupled with the provision urlder Section 71 of the Act, 19Og, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the provisi()ns of the Act, 3 sK,.,r wP 2024 2025 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs. //TRUE COPY// SD/-K. SREE RAMA MU HY DEPUTY REGI RAR SECTION FFICER To, 1 2 The Spl, Chief Secretary to Government, Stamps and Registration Department. Secretariat, Hyderabad. The Commissioner, Stamps and Registration Department' Telangana State at Hyderabad.

3. The District Collector, R. R. District' 4. The District Registrar, R. R. District' 5. The Sub-Registrar, I\/oinabad Mandal, R R District' 6. The Tahsildar, Rajendranagar Mandal' R' R District' 7. One CC to SRl. RAPOLU BHASKAR Advocate [OPUC] B'TwoCCstoGPFoRSTAMPSANDREGISTRATIo[\I,HighCourtforthe State of Telangana. [OUT] 9 Two CD CoPies KKS,l 6 HIGH COURT .lr DATED:2010312025 1irf- Sre 1 o o 01 r,eP 21125 \- a i t Or'SI'. ORDER WP.No.2024 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 614*W '/ , l €