The High Court · 2025
Case Details
Acts & Sections
2. Yatelli Prashanth Kumar, S/o. Late Yatelli Bikshapathi, Age. 31 years, Occ. Service,_presently qt 1619 Union LN Tracy, CA 95377, USA rep. by his Natural Brother apfl Validation GPA Holder, Sri. Yatelli Pradeep, S/o.'Late Yatelli Bikshapatfiy, Age. 34 years, Occ, Private Service, PJo. H.No. 29- 1444123, Kak4liya Nagar, Neredmet, Malkajgiri, Mqdchal-Malkpjgiri District. 3. Yatelli Praveek Kumar, S/o. l-ate Yatelli Bikshapathi, Age. 20 years, Occ. Service, presently at 130 112 Foresthill RD, Frederictioq NB E3B4K1, Canada, Rep. by his Natural Brother and Validation GPA Holder. Sri. Yatelli Pradeep, S/o, Late Yatelli Bikshapathy, Age. 34 years, Occ. frivate Service, R/o. H.No. 29-1444123, Kakatiya Nagar, Neredmet. Malkajgiri, Medchal- Malkajgiri District.
4. Yatelli Pradeep, S/0. Late. Yatplli Bikshapathy, Age. 34 years, Occ. Private Service, R/o, H,Nq.29-'1444123, Kakatiya Nagar, Neredmet, Malkajgiri, Medchql -MelKajgirl Distriet. ...PETITIONERS AND 1 The State of,Telangana, Rep. by its Sqcretary, Revenue (Stamps and Registrqtion) Pepaitment, Secretariat, Hyderabad. 2. The District Registrar, Medchal Malkajgiri District. 3. The Sub -Registrar, Malkajgiri, Medchal Malkajgiri Qistrict. 4. The Telangana State Wakf Boqrd, Nampally, Hyderabad, rep. by its Cha irman. ...RESPONDENTS 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 isEue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in refusing to receive, register and release the sale deed in respect of the Residential House Bearing No. 29-1440143 (part)' on plot no 43 part in Sy No 289 and 290' admeasuring 100 Sq yds with a built up area of '100 Sq feet of ACC' situated at J.KColony,Neredmet,Mslkajgiri'under\4alkajgiriCircleandMandal'withinthe limits of cHMC, Medchal Mqlkajgiri District, as illegal, arbitrary' against the provisions of Registration Act and against the settled principles of law and consequently direct the 3rd respondent to receive' iegister and relgase the Sale DeedinrespectoftheResidentialHouseBqaringNo.2g.l44ol43(part),onplot no.43 partin Sy Np' 289 and 290, admeasur:ing 100 Sg yds with a built up area Qolony, Nergdmet, M6l(ajgiri, under of 100 Sq.feet of ACC' situated at J.K limits of GHMC, Medchal Malkajgiri Malkajgiri Circle and Mandal, within District, in the interest of Justice' a: IANO:1 oF 2025 PetitionunderSectionl5lCPcprqyiqqthqtinthecircumstancgsstatedin theaffidavitfilgdinsuppartofthepetition.theHighQourtmaybepleasedto direct the 3rd respondent to forthvyith receiYe, register and release the Sale Deed in respect af the Residential House Bearing No 29-144Q143 (part)' on plat no. 43 partinSy,No.Zsgand2g0.admeasuringlQQSqydswithabuiltupareaofl0Q Sq.feet of ACC, qltuatqd at J K Colony, l'{919dqet, Mqlkajgiri' under Malkajgiri circle and Mandal, within the limits of GHMC' Medchal Malkajgiri District' in the interest of JuEtice, pending disposal of main Writ Pptitig4' counsel for the Petitioner : SRI S.SURENQFB REDDY counsel for the Respondents No.1tg3 : AqP FOR STAMPS & REGISTRATION Counsel for the Rqspondent No.4: SRI FARHAN AZAi4 KHAN' Sq FOR WAKF The Court made the following: ORDER L THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.54O3 of 2o25 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps ald Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admissron.
2. Aggrieved by the action of the respondent No.3 in refusing to receive, register and release the sa,le deed in respect of the residential house bearing No.29-L44O/43 (part) on Plot No.43, part in Sy.No-289 and 29O admeasuring 10O sq. yards with a built up area of 10O sq. feet of ACC, situated at J.K.Colony, Neredmet, Malkajgiri under Malkajgiri Circle and Manda-l within the limits of GHMC, Medchat Malkajgiri District, the petitioners hled the present writ petition.
3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under ) / I t 2 SK, J WP No.5403 of 2025 Section 71 of the Registration Act, 19Og (for short, ,the Act, 1e08) \, \
4. The Section 71 of the Act reads as follows: Reasons for refusai 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 make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused,, on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, 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, 190g, this writ petition is disposed of directing the Registering Authority to receive axd register the sale deed presented by the petitioners subject to the petitioners complying with the 3 SK, J WP No.54O3 of 2025 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 is 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/- P. PADMANABHA REDDY DEPUTY RqP'STRAR \r/ SECTIOT,bFFICER 1 The Secretary, Revenue (Stamps and Registrgtion) Depqrtment' Secretariat' 2 4 E 6 State of Telangana, HYderabad' The District Regiskar, Mqdchal Malkajglri District The Sub -Registrar, Malkaigiri, Medcha! Malkajgiri Distric!' The Chairman, Telangana State Wakf Board' Nampally' Hyderabad' One CC to SRI S.SURENDER REDDY' Advoaate [OPUC] Two CCs to GP FOR STAMPS AND REGISTRATI9N' High Court for the State of Telangana. [OUT] Ole Cq to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD' [oPUC] 7 E Two cD Copiep BSK SS \\ To, HIGH COURT DATED:0110512025 4,v rI .i) I t/_ o .---& s <a t\ ct,,a lr.l pnrs (l ORDER WP.No.5403 of 2025 DISPOSING OF THE WRIT PETITION WTHOUT COSTS 05 \