S.B. Swetha v. Registration Department, Secretariat, Hyderabad

Petition under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd Respondent in refusing to receive and register the document presented by the Petitioner in respect of the Residential part of House bearing no.24-3-841A, on Plot no.40 part and 23 paft, in Survey nos.518, 522,523, 51311,51411 and 515/1 , admeasuring 154 Sq.yards or 128.74 Sq.Mtrs., consisting of Ground and First Floors with built-up area of 2500 Sq.feets of RCC Roof, situated at Vimaladevi Nagar, under GHMC Circle, Malkajgiri Circle Malkajgiri Mandal, Medchal-Malkajgiri District without assigning any reason as being illegal, arbitrary and without jurisdiction and against to the provisions of law and contrary rights guaranteed under 300-4 of Constitutional of lndia and consequently direct the 2nd Respondent to receive and register the documents presented by the Petitioner in respect of Residential part of House bearing no.24-3-841A, on Plot no.40 part and 23 part, in Survey nos.518,522,523,,51311,51411 and 51511, admeasuring 154 Sq.Yards or 128.74 Sq.Mtrs., consisting of Ground and First Floors with built-up area of 2500 Sq.feets of RCC Roof, situated at Vimaladevi Nagar, under GHMC Circle, Malkajgiri Circle Malkajgiri Mandal, Medchal-Malkajgiri District the then Ranga Reddy District. 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 2nd Respondent herein to receive forthwith and register the document presented for registration by the Petitioner in respect of the Residential part of House bearing no.24-3-841A, on Plot no.40 part and 23 part, in Survey nos.51B, 522,523,51311,51411 & 515/1, admeasuring 154 Sq.Yards or 128.74 Sq.Mtrs., consisting of Ground and First Floors with built-up area of 2500 Sq.feets of RCC Roof, situated at Vimaladevi Nagar, under GHMC Circle, Malkajgiri Circle Malkajgiri Mandal, Medchal-Malkajgiri District. Counsel for the Petitioner: SRI D.BHASKAR YADAV Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Gourt made the following: ORDER THE HONOURABLE SRI JUSTTCE K.SARA.TH UIRIT PETITION No.3227 of 2025 ORDER: Heard learned counsel for the petitipner ald 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 itself.

2. Aggrieved by the action of the respondent No.2 herein in refusing to receive ald register the document presented by the Petitioner in respect of the Residential part of House bearing no.24-3-84/A, on Plot No.40 part and 23 part, admeasuring to an extent of 154 Sq.Yards or 128.74 Sq.Mtrs., in Survey Nos.518, 522,523,513/1, 514/1 and 515/1 situated at Vimaladevi Nagar, under GHMC Circle, \tlalkajgiri Circle Malkajgiri Mandal, Medchal-Malkajgiri District, the petitioner hled the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioneJ-- \ \ \ l\ 2 SK, I wP 3227 2025 presents the same before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section 7 | of the Registration Act, 1908 (for short, the Act, 1908')

4. The Section 71 of the Act, 1908, reads as lbllows Reasons for refusal to register to be recorded. - (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub- district shall rnake an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refuscd" on the document; and, on application made by any pcrson executing or claiming under the document, sha11, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for regisLration a document so endorsed unless and unti1, under the provisions hereinafter contained, the document is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document,,gqlject 3 SKI wP_3227 2025 to the petitioner complying with the provisions of the Act, 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 petitioner' It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. Sd/-M. OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY// ,] SECTION OFFICER To, 1 . Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad, The State of Telangana.

2. The Sub-Registrar Office, Malkajgiri (SRO), Neredmet, Medchal-Matkajgiri District

3. The Telagana State Wakq Board, Represented by its chief Executive officer, Huz House, NamPallY, HYderabad

4. One CC to SRI D.BHASKAR YADAV Advocate [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION' High Courtforthe State of Telangana. [OUTI

6. Two CD Copies I BGS. L HIGH COURT DATED: 2410412025 t ORDER WP.No.3227 ot 2025 ,..J ! \ d o lr\ 7:-t-,, (I -;, \, :c ' _..rry +,\ [' l; t i! .t:','/ ':/ q=q (o C.* .tc DISPOSING OF THE WRIT PETITION WITHOUT COSTS i L( L6l