The High Court · 2025
Case Details
Petition under Atlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed theiewith, the High Court may be pleased lo issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not accepting the Sale Deed in respect of the Plot Nos. 284, admeasuring 200 Sq. yards or 167-21 Sq. meters in Sy. No. 255, 256 & 257, situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District though the said property is not included in the prohibitory list as prepared UlSec.22-A of Registration Act, '1908, and though the above property is not part of any Wakf property, as illegal, unliMul, contrary to law and consequently direct the 4th respondent to accept the above document of the petitioner in respect of the above property for the pur'pose of registration and release the same. , IA NO: 1 0F 2025 Petition undr:r Section 151 CpC praying that in the crrcumsta,tces stated in the affidavit,fired i. support of *re petition, ine * jr' *rv o" pLr."J-ro grant rgQ3(ri'brder tHrec'ling the 4th iespondent to Tegister and rerease the sare Deed sought lo l)(! presented gy^]l". petitioner in r.L"sp",,t of tne pioi N;. il;; admeasuring.200 [iq. yards or 167.21 sq. merers in sy. No.255, zs,^ a,iaiii', situated at l\,4anikonda Jaqir Village, Gandipet fr,funaal, n"ng, R"JJV-Di.i;;t, pending disposal of main rrVrit petition. -corrt Counsel for the petitioner: SRt M. DAMODAR REDDY Counsel for the Respondent No.1 to 4: ASST. Gp FOR STAMPS & REGISTRATION Counsel for the Re:;pondent No.5: SRI FARHAN AZAM KHAN, SC FOR TS WAKF BOARD The Court made the following: ORDER I u ,+ THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No. 634a OF 2025 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 4 and the learned Standing Counsel for respondent No.5.
2. With their consent, the writ petition 1S being disposed of at the stage of admission. , J This writ petition is filed for the following reliet "... to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respohdents in not accepting the Sale Deed in respect of the Plot No.284, admeasuring 200 Sq. yards or 167.21 Sq. meters in Sy.No.255, 256 and 257 situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District though the said property is not included in the prohibitory list as prepared IJ /Sec.22-A of .,J.,- ./ i, 2 I Registration Act, 19O8, and though the above property is not part of any Wakf property, as iilegal, ,:nlanful, contrary to Jaw and conseqr..rently direct -he 4fr respondent to accept the above docume:nt of the petitioner in respect of the above propertf for the purpose of registration and release the same."
4. Learne,l Assistant Government Pleader has stated that the respondents will follow the procegure contemplated under Section 71 of the Registration Act, 1908 (for sh,rrt, the Act, 1908J. ,
5. Section Tl of the Act reads as follows: Reasonr; for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to whicr it relates is not situated within his sub- district, shall make an order of refusal and record his reasons for such order in his Book No. 2, ald endorse the words "registration refused" on the document; and, on application made by any person ,:xecuting or claiming under the document, shall, vrithout payment and unnecesszrry delay, give hinr a copy ofthe reasons so recorded. & I ) 3 .4 (21 No registering offrcer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered."
6. L,earned counsel for the petitioner has fairly acceded to the submission made by the learned Assistant Government Pleader.
7. Recording the above submission made by learned counsel on either side arrd without expressing any opinion on the merits of the case, this writ petition is disposed of directing the Registering Authority to receive, register and 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 complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. If the Registering Authority refuses to register the d-ocuments, I I 4 * he/she has t.o specifica-lly assign the reasons in terms of Section 71 of the Act, 1908 and communicate tht: said decision to the: Petitioner. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs. //rRUE coPY// SDI A.V.S. PR ASSISTANT REGIS AD AR sEc.oN 8(rr"r* Aq TA To, Depa'tment' I The Principal S(lcretary' Revenue (StamPs-and.lRegistration) ; +ffi f,.si: s,'"1 Bar"lr,',,*'rtzli Ayi 3l;x11"1 Gov e r n m e n t or r e I a n g a n a lik'*':1,:illt:ti, jafi ,#?{.TJflit:€li'i"'it"ll'rr8l"''" t![#}'if,ft ffi,mffi ffi ,ts.tiiir[Hi,]'"asrr:*
9. Two CD Copte:; BN T HIGH COURT' JSR,J_+- g DATED:0310312025 ORDER ( c o +^ 'v 6 5,T416: 1 7 o Il1l{[R ?sl5 * (:) c\tl : s"I WP.No.6348 <tf 2025 , DISPOSING C)F THE WRIT PETITION WITHOUT COSTS \ b T