✦ High Court of India · 12 Mar 2025

1. Ananthula Yella Reddy v. 1. The State of Telangana

Case Details High Court of India · 12 Mar 2025
Court
High Court of India
Decided
12 Mar 2025
Bench
Not available
Length
1,059 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 an order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondent No.3 in failing to register and release the pending document submitted through the Dharani Portal vide Application No 2400085572 in regarding to the agricultural land admeasuring to an extent of Ac.1 -00 Gts situated at Sy. No. 534A311 in MootaKondur village, YadadriBhuvanagiri District witout any reason is illegal, arbitrary, and violative of fundamental rights guaranteed under Article 14 and 21 and 300-4 of the Constitution of lndia and consequently direct the Respondent No.3 to receive, register and release the document submitted by the petitioners through application No. 2400085572 in respect of land admeasuring to an extent of Ac..l- 00 Gts situated at Sy. No. 534A3/1 in MootaKondur village, Motakondur Mandal, YadadriBhuvanagiri District. I LA.NO:1 OF 202ai Petition Under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.3 to receive, register and release the pending document vide application No. 2400085572 submitted by petitioner herein in respect of land admeasuring to an extent of Ac.1-00 Gts situated at Sy. No. 534A.311 in MootaKondurVillage, Motakondur Mandal, yadadriBhuvanagiri District take necessary action pending disposal of the writ petition. ,) Counsel for the Petitioners : SRI PONNAM MAHESH BABU Counsel forthe Respondents: AGP FOR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.7OO4 of 2ol25 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 action of the respondent No.3 herein in failing to register and release the pending document submitted by the petitioners through the Dharani Portal uide Appbcation No.2400085572 in regarding to their agricultural land admeasuring to an extent of Ac.1-0O guntas, 1n Sy.No.534A3/ 1, situated at Mootakondur Village, Yadadri Bhuvanagiri District, the petitioners liled the present writ petition.

3. The Assistant Government Pleader has stated that the respondents will follow the procedure conterhplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1e08J. o SI(, J W.P.No.7OO4 of 2025

4. The Section 71 of the Act, 1908, 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- 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 dor:ument; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy ofthe reasons so recorded. (2) No registering officer shall accept for regrstration 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 7l of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject docurnent, subject to the petitioners complying with the provisions of the Act, 1908 as wL'll as the Indian Stamp Act, 1899 w'ithin four (4) weeks frora the date of receipt of document filed by the I i 3 SK, J W.P.No.7OO4 oJ 2025 petitioner. It will be open to the Registering Authority to refuse the document 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. There shall be no order as to costs- t

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/-A.V.S. PRASAD DEPUry REGISTRAR NOTE: That the Cause Title of the order daled 12.O3'2025 in the WP N-o. 7004 of 2o25 of the Respondent Nos. 2&3 is wrongly read as "The District Collector, Yadadri Bhuvanagiri District" instead of "The District Collector, Medchal Malkajgiri District" and "The Tahsildar, Mota Kondur Mandal, Yadadri Bhuvanagiri District" instead of "The Tahsildar Uppal Mandal Medchal Malkajgiri District" and the same is corrected and substituted as per thJHon'ble Court dated 11-04.2025 in lA No. 2 ot 2025' This amended order shall substitute the earlier order which has already been dispatched on 29.03.2025 //TRUE COPY// SD/-A.V.S. PRASAD UTY REGISTRAR ECTION OFFICER U

2. J.

5. 6. The Principal Secretary, Revenue, Registration Stamps Department, Secretariat buildings, State of Telangana at Hyderabad' The District Collector, Yadadri Bhuvanagiri District, Telangana' The Tahsildar/ Mandal Revenue Officer, Mota Kondur Mandal, Yadadri Bhuvanagiri District. Two CCsio GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUTI One CC to SRI PONNAM MAHESH BABU, Advocate [OPUC] Two CD Copies To )w SA BS HIGH COURT I I DATED:1210312025 11104t2025 AMENDED ORDER WP.No.7004 of 2025 rHE s14 r4r 0 \JA 24 ApR 20[ z a * * ,)ATC DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. @ fl\.\ x> q 1/'

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