Q.ljaya Laxmi v. 'l . The State oJ Telangana
Case Details
Acts & Sections
Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be p!9?999 t9 issue a Writ, ordel or direction, more particularly one in the nature of Writ of Mandamus declaring action of the respondent No.4 in not rcigistering, releasing the document presented by the petitioner in favour of her husband with regard to bearing Plot No.255, admeasuring 120 Sq.yds or its equivalent to 100.33 Sq.Mtrs in Survey No.27312, situated at Kunfloor Village previously Hayathnagar Revenue Mandal, now under Abdullapurmet Revenue Mandal, Ranga Reddy District, formerly under Kuntloor Grama panchayat, now under I ,/ pedda .Amberpet Nagara Panchayath is illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondent No.4 to register and release the document whenever the petitioner is presented in favour of petitioner's husband. |.A.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 4th Respondent to register and release document presented by the petitioner in favour of petitioner's husband with regard to land in bearing Plot No.255, admeasuring 120 Sq.Yds or its equivalent to 100.33 Sq.Mtrs in Survey No.27312, situated at Kuntloor Village previously Hayathnagar Revenue Mandal, now under Abdullapurmet Revenue Mandal, Ranga Reddy District, formerly under Kuntloor Grama Panchayat, now under Pedda Amberpet Nagara Panchayath, pending disposal of the above writ petition. Counsel for the Petitioner : SRI AITHANABOINA RAMA RAO Counset for the Respondents : SMT S.SRAVANTHI, AGP FOR STAMPS AND REGISTRATION. The Court made the following ORDER n IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABA.T) THE HONOURABLE SRI JUSTICE K.SARATII WRIT PETITION No.3413 of 2025 THE 23'd DAY OF DECEMBER 2025 Between: S.Vijaya Laxmi. AND ...Petitioner The State of Telangana, Rep. by its Principal Secretar5r, Revenue Department, Dr BR Ambedkar Telangana, Secretariat Buildings, Hyderabad & three others. ...Respondents ORDER: Heard Sri Aithanaboina Rama Rao, learned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record. )
2. Aggrieved by the action of the respondent No.4 in not registering; releasing the document presented by the petitioner in favour of her husband in respect of plot bearing No.255, admeasuring 120 Sq. Yards (or its equivalent to 100.33 Sq.Mtrs) in Survey No.273/2, situated at Kuntloor Village previously 2 Hayathnagar Revenue Mandal, now under Abdullapurmet RevenueMandal,RangaReddyDistrict,formerlyunderKuntloor Grama Panchayat, (now under Pedda Amberpet Nagara Panchayath) (for brevity, "subject property"), the petitioner liled the present Writ Petition.
3. Learned Assistant Government Pleader for Stamps and Registration submits that the petitioner has approached this Court seeking registration of the said document without presentingitbeforetheRegisteringAuthority.Ifthepetitioner presents the document to the Registering authority' the respondent authorities will receive the same and follow the procedure. If there are any objections, appropriate orders shall be passed as contemplated under Section 71 of the Registration Act, l9O8 (for short, the Act, 1908J. In view of the same' learned Assistant Government Pleader requested this court to pass approPriate orders.
4. The Section 71 of the Act, 1908, reads as follows: Rea.sons for refusal to register to be rearded'- (1) Euery Sub-Registrar refusing to register a doanment' except on the ground that the propertg to ttthich it relates is not situated uitin his sub-di.strict slwll make an order of refusal and reorded his reasons for such order in his Book No'2' and endotse the u.tord.s "registration refused" on the doalment; and' on application made bg anA persorl exeanting or claiming under the doa)ment' ,) -- a 3 slwll, without pagment and unnecessqry delag, giue him a copg of the reasons so recorded. (2) No regi,stering oJficer slwll accept for regbtration a doqtment so endorsed unless and until, under tlrc prouisions lrcreinafier contained, the d.oqtment b directed to be registered. In view of the aforesaid submissions, coupled with the 5. provisions und.er section 7L of the Act, 1908, this writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document in respect of the subject property, subject 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 it, if there are any objections, by duly assigning reasons in support of such decision and communicate the same to the petitioner thereon. It is made clear that this Court has not expressed any opinion on the merits of the case or the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, //TRUE COPY// SD/-A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR I 6 SECTION OFFICER \ :To
3. 4. 5. W?SA The Principa] Sggretgry for Re-v_enue, DR BR Ambedkar Telagnana Secretariat, Saifabad, State of Telangana at Hyderabad. The commissioner and Inspector General of stamps and Registration, Mojamjahi Market, Nampally Road, Hyderabad. The District Registrar, Ranga Reddy District Kukatpaly, Telangana State. The Sub Registrar, Hayathnagar Ranga Reddy District. Two CCs to GP FOR STAMPS REGISTRATION, High Court for the State of Telangana at Hyderabad. [OUTJ One CC to SRI AITHANABOINA RAMA RAO, Advocate [OPUC] Two CD Copies HIGH GOURT DATED i2311212025 ORDER WP.No.3413 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. -! W IASHE{ L) 0 1 !.1i\AJ ?trZI t '* I )