The High Court · 2025
Case Details
Acts & Sections
2. SRI VANGALA VENKATESHWARULU, S/o V.Tirumalaiah, Hindu aged about 62 years, Occ Retd Teacher Resident of H.No 10-1/639, Santhoshnagar Karrmnagar. PIN-505001. ...PETITIONER AND 1 THE STATE OF TELANGANA, Represented by its Principal Secretary, Department of Revenue (Registration and Stamps), Secretariat. Burugula Ramakrishna Bhavan, Near Tank Bund, Hyderabad.-PlN 500021. 2 The Commissioner and lnspector General - of Registration and Stamps, Mojham Jahi, (lVt J.)Market road, Near Karachi Bakery, Nampally, Hyderabad 500017
3. The District Registrar of Stamps and Assurances, Karimnagar District, At Ka rim nagar. 4 The Sub-Registrar, Gangadhara. Karimnagar District. ...RESPONDENTS 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 writ order or direction more particularly one in the nature of writ of Mandamus declaring action of the 4th respondent in not receiving sale deed document dated 16-01-2025 of the writ petitioner herein executed over the open residential plot acquired by vide Gift Settlement Deed document No. 1212312015 dated 09-12-20'15, as illegal, arbitrary and contrary to contrary to section 17 , 22 A and section 7'1 of lndian Registration Act read with Rule 58 of T.S:(A.P ) Registration Rules, and consequently direct the respondents herein to receive and register the Sale deed document dated 16-01-2025 lf the writ petitioner herein pertaining to open residentral plot bearing No. Nil aclrreasuring 207.61 Sy. Yards situated in Sy No 99 ( ) (99/E as per Pahani). of Rekurthy Village and Gram Panchayath and now niithin lrmits of Municipal Corporatron of Karimnagar, Karimnagar district. in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cin;umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to receive and admit the Sale deed document dated 16-01-2025 of the wrrt petitioner herein perlaining to open re:;idential plot bearing No Nil admeasuring 207 61 Sy Yards situated in Sy.No.r)9 ( ) (99/E as per Pahani). of Rekurthy Village and Gram Panchayath and 1ow within limits of Municrpal Corporatron of Karimnagar, Karimnagar district- a s per section 71 of lndian Registration Act read with Rule 5B of T.S.(A P.l Registration Rules pending disposal of the main writ petition. in the interest of justice. Counsel for the Petitioner : SRI SURENDRA DESAI Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.6595 of 2o25 ORDER: Heard learned counsel for 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 inaction of the respondent No.4 in receiving, registering and releasing of the document dated
16.01.2025 presented by the petitioners in respect of an open residentia-l plot, admeasuring to an extent of Ac.2O7.6l Sq.Yards, situated in Sy.No.99 (99/E as per pahani), situated at Rekurthy Village and Grarn Panchayath, within the limits of Karimnagar Municipal Corporation, the petitioners filed the present writ petition.
3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 19O8 (for short, 'the Act, 1e08). \ \ 2 SK, J wP 6595 2025 4 Thc Se<:tion 71 of the Act reads as folltws: Reasons for refusal to register to be recorded._ ( 1) F)vt:ry Sub-Registrar refusing tc register a rlocument, except on the ground that..the property to rvhich it relzrtes is not situated withi:r his sub_ clistri<:t shall make an order of refusal zrrrd recorded his reasons for such order in his Book No.2, anrl enclorsc the words ,,registration refused" on the document; and, on application made by tny person cxccur ing or claiming under the docu nLent, shall, rtithout pavme nt and unnecessary delay, give him a cr>p-v o1'the rezrsons so recorded. (2) No rcgistcring officer shall accept for registration a documcnt so endorsed unless and until, under the pror.isions hcreinafLer contained, the do:ument is clirected ro bc registered.
5. In vieu, of the above made submissions coupled with the provision under Section 71 of the Act, t9Og, this writ petition is disposed of directing the Registering Authority to receive, rcgister ald release the subject do<;ument, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99 It will be open to the Registering Authority to refuse the document \ \ 3 SK, ./ wP-6s95_2025 presented before him, if he has 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. \ To, 1 SD/-K. SREE RAMA MURTHY / DEPUTY REGISTRA //TRUE COPY// SECTION OFFICER The Principal Secretary, Department of Revenue Secretariai. Burugula Ramakrishna Bhavan. Nea Telangana, Hydeiabad.-PlN 500021. I bistration and Stamps), Tank Bund, State Of
2. The Commissioner and lnspector General - of Registration and Stamps, - [/olh;; Jarri. (M J )Market road, Near Karachi Bakery, Nampally, Hyderabad 500017
3. The District Registrar of Stamps and Assurances, Karimnagar District At Karimnagar.
4. The Sub-Registrar, Gangadhara. Karimnagar District. 5. One CC to SRI SURENDRA DESAI, Advocate. [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana [OUT]
7. Two CD CoPies. BSK BS 0 I * HIGH COURT DATED:01 10412025 ORDER WP.No.6595 of 2025 a ( () r.tHc s14 J o ,.) 6 a \: -a 24 APn Z6 l-' Sa4.- cPl.:' DISPOSING OF THE WRIT PETITION WITHOUT COSTS r A ZLt k r)