High Court · 2025

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in nature of Writ of Mandamus by declaring the action of Respondent No.4 in refusing to receive the document presenting by the Petitioner for registration in respect. of the land in . Sy.No.123 with PIot No. 140 to an extent ot 135.21 Sq. Yards situated at Rekurthy village, within the limits of Gramapanchayath Rekurthy Village of Karimnagar District without assigning any reason as being illegal, without jurisdiction and contrary to the provisions Sec.71(1 )(2) of Registration Act and consequently direct the Respondent No.4 to receive the document presenting by the Petitioner for registration of land in Sy.No.123 with Plot No. 140 to an extent of 135.21 Sq.. Yards situated at Rekurthy village, within the limits of Gramapanchayatl-r Rekurthy Village of Karimnagar District. Gounsel for the Petitioner: SRI T.LAXMINARAYANA, REP. FOR SRI ANNNAMPELLI GANGADHAR Counsel for the Respondents: AGP FOR STAMPS & REGISTRATION The Couit made tlre following: ORDER n ( THE HONOURABLE SRI JUSTICE J. SREE RAO WRIT PETITION No.6325 OF 2o25 ORDER: This writ petition is liled for the following relief: to issue an order or direction more particularly one in the nature of writ of Maldamus by declaring the action of respondent No.4 in refusing to receive the document presenting by the petitioner for registration in respect of the land in Sy.No.123 with Plot No.140 to arr extent of 135.21 square yards situated at Rekurthy Village, within the limits of Grampa-nchayat Rekurthy Village of Karimnagar District without assigning any reason as being illega1, without jurisdiction arld contrary to the provisions Sec.71(1)(2) of Registration Act ard consequently direct the respondent No.4 to receive the document presenting by the petitioner for registration of land in Sy.No. 123 with Plot No. 140 to arr extent of 135.21 square yards situated at Rekurthy Village, within the limits of Grampalchayat Rekurthy ViIIage of Karimnagar District."

2. Heard Sri T. Laxminarayana, learned counsel representing Sri A. Gangadhar, learned counsel for the r 2 petitioner arrd the learned Assistant Government: Pleader for Stamps and Registration appearing on behalf of the respondents.

3. With. the consent of the parties, the writ petition is being disposed of at the stage of admission

4. The grievalce of the petitioner is that she is the owner anrl possessor of Plot No.140 admeasuring 135.21 square yards in Sy.No.123 situated at Rekurthl'Village, Karimnagar District, which was purchased through registered sa-le deed dated 21.10.2008. Whe'n she is trying to sell the subject property for the purpose of family ne,cessities, respondent No.4 is not receiving tJre document. and on the other hand insisting for No Objection Certihcate from the concerned revenue ofhcials though the same is not required. Hence, the present writ petition is fi1ed. 11 3

5. Learned counsel for the petitioner submitS that in similar circumstances this Court has disposed of W.P.No.44223 of 2018 and batch ot 22.03.2022 and therefore, the petitioner is also entifled to the very sarne relief.

6. Learned Assistant Government Pleader submits that the petitioner without submitting any document before respondent No.4 straight away approached this Court and liled the present writ petition. Whenever the petitioner submits the document, respondent No.4 will receive and consider the same in accordance with the provisions of Section 71 of the Indian Registration Act, 1908 (for short, "the Act").

7. Section 77 of the Act reads as follows: 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- 4 -I distn.ct, shall make an order of refusal and record his r,:asons for such order in his Book No. 2, and endorse the words "registration refused" on the document; arrd, on application made by arry person executing or claiming under the docurrLent, shall, s.ithout payment and unnecessary dr:lay, give him a copy of the reasons so recorded. (21 No registering ofhcer shall accept for regisl.ration a document so endorsed unless eind until, under the provisions hereinafter contained, the d,ccument is directed to be registered."

8. Learned counsel for the petitioner has fairlrz acceded to the submission made by the learned Assistant Governme nt Pleader.

9. Recorcling the above submission made b), learned counsei on either side and without expresstng any opinion on the merits of the case, this writ petition is disposed of directing the Registering Authority to receive, register a-r:Ld release the subject document(s), presented by the petitioner, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of a copy of this order, subject to the petitioner 5 complying with the provisions of the Act antl Indian Stamps Act, 1899. If the Registering AuthoritSr refuses to register the documents, he/she has to specifically assign the reasons in terms of Section Zt of the Act and communicate the said decision to the petitioner. Miscellaneous petitions pending, if aly, shall stand closed. No order as to costs. //TRUE COPY// SD/.A.V,S. PRASAD ASS T NT REGISTRAR S CTION OFFICER To,

1. The Principal Secretary (Stamps and Registration), Secretariat Buildings, Hyderabad, State of Telangana.

2. The District Collector of Karimnagar, Karimnagar District. 3. The Tahsildar, Kothapally Karimnagar District. 4. The Sub Registrar, Gangadhara, Karimnagar District. 5. One CC to SRI ANNNAMPELLI GANGADHAR, Advocate [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR BS 6 HIGH COURT DATED: 0310312025 ORDER WP.No.6325 of 2025 !FE!, ( c 1xC. S14, c L, (( \-2 c .t s 0 6 r,ip; p25 * 0c .qr,^., -, r .o I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 69 t,c'8 6v