✦ High Court of India · 08 Apr 2025

1. Vanam Jayasri v. 1. State pf Telangana

Case Details High Court of India · 08 Apr 2025
Court
High Court of India
Decided
08 Apr 2025
Bench
Not available
Length
1,027 words

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 pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent in not receiving the document/ Memorandum of Deposit of Title Deeds for registration and registering the same in respect of house bearing H No. 2-108/3/2314 on Plot No. 24 in Survey No. 130, Admeasuring 205 Sq.yds ot 171 38 Sq. Mtis, Situated at Bqduppal, Ghatkesar Mandal, Ranga Reddy District as arbitrary' illegal and contrary to thq provisions of Registratiqri Act and ponsequently direct the 3rd respondent to receive the above document for the purpose of registration and release the same after completion of the registration lA NO: 1 OF 2024 Petition unc e ,r iiection 15'1 CPC praying that in the circunlstilnces stated in the affidavit filed irr s;r lrport of the petition, the High court may bt: p eased to direct the 3rd responclenl 1; receive and register the lVlemorandum of )eposit of Title Deeds to be present.'d by the petitioners tn respect of house llearing H No 2- 1081312314 on Plo: N I 24 in survey No. 130. Admeasuring 205 Srl.yds or 171.38 Sq. tvltrs. Situate,i .: Boduppal, Ghatkesar Mandal, Ranga Red'jy District and release the same pe r-ling disposal of the writ Petition Counsel for the Petil ioners: SRl. P PRASHANT KUMAR Counsel for the Restrondentg; GP FOR STAMPS AND REGISTIRATION The Caurt made the 'ollgrrying: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.5819 of 2024 ORDER: Heard learned counsel lor 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 action of the respondent Nq.3 in not receiving the Document/Memorandum of Deposit of Title Deeds for registration in respect of house bearing H.No.2- lO8/3/23 l4 on Plot No.24 in Sy.No.130 admeasuring 205 sq. yards or 171.38 sq. mtrs situated at Boduppal, Ghatkesar Mandal, Rarga Reddy District, the petitioners filed the present writ petition

3. The Assistant Government Pleader has stated that the respondents u,ill follow the procedure contemplated under Section 71 of the Registration Act, lgOB (for short, 'the Act, 1e08) \ 2 SK, J \\it, 'rtt.5I 19 or 2024

4. The Scr-- ()n 71 of the Act reads as foll,.lr.r,s; Flell;r- r; for refusal to register to be rccor.der: (11 ,1 co( tlr r,rhLr h distr ir f. is rr en(t() r doc tLr CXECL]. u'it.r:rr coF] ( . :r'v Sub-Registrar refusing to rc.{l:L( r a : rnt, except on thc ground thelt tho l)t-ol cr \ to t relates is not situated u ith n iti; ;rrb- t shall make an order of refusal and .t.r:o-c]ed , sons for such order in his Bool< N, r..l, and ,: the words "registration refused" on the rn t; and, on application made b-t' an. pc -son [rg or claiming under thc docurncn L. s ttrll, payment and unnecessarl. dclar , gir r: h m a .he rcasons so recordcd. (l)) lt o ,:gistering officer shall acccpL for r-cg s ra tron a dr -L nent so endorscd unless and unLil. LL r(lcl lhe pro!' rs ( as hereinafter contained, thc docLl'r (ir- L is dircc 1r r . to be registered.

5. In vie,r' :f' the above made slrbmissions crupled with the provisirt1 .rnder Section 71 of the Act. 1grL8, this writ petition is <1 s rrtsed of directing the RegisterinE, \u thority to receive itr (1 register the Document/Menr:r:-zrtrdum of Deposit of 'lit r: Deeds, subject to the petitioners r omplying with the prc.,r .;ions of the Act, 1908 as weil as t,te Indian ' Stamp Act, I1399. It will be open to tl-ie R,:gistcring 3 SK, J WP No.58 I 9 of 2024 Authority to refuse the document presented before it if there is arly 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 petitioners to get the subject document registered.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand ciosed. No order as to costs SD/.S. MALLIKARJUNA RAO ISTANT REGISTRAR A //TRUE COPY// SECTION OFFICER T o, 'l . The Principal Secretary, Revenue, Stamps and Secretariat, Hyderabad. gistration Department,

2. The District Registrar, Ranga Reddy District, Hyderabad. 3 The Sub Registrar, Uppal, Ranga Reddy District, Hyderabad. 4. Chairman, Telahgana State Waqf Board, Nampally, HyderabaE. 5. One CC to SRl. P PRASHANT KUMAR Advocate [OPUC] 6. Two C9s to GP FQR STAMPS AND REGISTRATION ,High Court for the State pf Telanganq. [OUT] T Two CD Copies KKS BS f(("' HIGH COURT DATED:081A4t2025 I J ( 5 c o :_- 1 ttE Sr,\r( Qr 23 I'ill 2ll2 5 t DL tY?:^:) f 7 5 ORDER WP.No.5819 of 2024 DISPOSING THE WRIT PETITION WITHOUT GICSTS Qrtc... r-ls \,(

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