✦ High Court of India · 17 Mar 2025

High Court · 2025

Case Details High Court of India · 17 Mar 2025
Court
High Court of India
Decided
17 Mar 2025
Bench
Not available
Length
1,093 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 3rd respondent in refusing to receive the documents of the petitioners in respect of the property i.e., Plot No.2, admeasuring 267.22 sq. yards in Sy.No. 153 of Petitioner No.1, Plot No. 38 admeasuring 242.00 sq. yards in Sy Nos. 123 of Petitioner No.2 both situated at Rekurthy Village, Kothapally Mandal, Karimnagar District without assigning reasons as illegal, arbitrary and without jurisdiction and also violative of principles of natural justice and consequently direct the 3rd respondent to receive the documents presented by the petitioners for registration in respect of the aforesaid open plot lA NO: 1 OF 2025 Petition under Section 151 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 3rd respondent forthwith to receive, register and release the documents presented by the petitioners for registration in respect of the property i.e., Plot No.2, admeasuring 267.22 sq. yards in Sy.No. 'l 53 of Petitioner No.1, Plot No. 38 admeasuring 242.00 sq. yards in Sy Nos. '123 of Petitioner No.2 both situated at Rekurthy Village, Kothapally Mandal, Karimnagar District, pending disposal of the writ petition Counsel for the Petitioner: SRl. RAVINDER REDDY SINGIREDDY Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER ,) THE HONOURABLD SRI .IUSTICE K.SARATH WRIT PETITION No.7832 of 2o25 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 3. With their consent, this writ petition 1S disposed of at the stage of admission itself.

2. This Writ Petition is filed seeking the lollowing prayer: "...to issue an order or direction more particularlg one in the nahtre of Wit of MANDAMUS declaing the action of the 3rd respondent in refusing to receiue the documents of the petitioners in respect of the propertA i.e., Plot No.2, adneasuing 267.22 sq. gards in Sy.,Vo. 7 53 of Petitioner No. 1 , Plot No 38 admeasuing 242.00 sq. yards in Sy.No.123 of Petitioner No.2 both situated at Rekurthg Villoge, Kothapally Mandal, Karimnagar Distict tttithout assigning redsons as illegal, arbitrary and uithout juisdiction and also utolatiue of principles of natural justice and consequently direct the 3rd respondent to receiue the doanments presented bg the petitioners for registration in respect of the aforesaid openplot..." 2 SK, J wP-7832 2025

3. Learncd counsel for the petitioners submits that the petitioners have acquired the subject properties by way of registered sale deeds. When the said sale deeds are presented before respondent No.3, for registration, respondenl authorities refused to entertain the subject document for registration without assigning erny reason. +. Learned counsel for the petitioners further submitted that it is duty bound on the part of the respondent authorities to receive, register and release the subject document zrnd if the respondent authorities are not registering the subject document, they shall assign reasons for refusal

5. Learncd Assistant Government Pleader fairlv stated that the respondent authorities may be directed to follow the procedure contemplated under Section 7 \ of the Registration Act, 1908 (for short, the Act, 1908). \ 6. The Section 71 of the Act, 190g, reads as follows Reasons for refusal to register to be recorded.- 3 SK, J wP_7832_2025 (1) Euery Sub-Registrar refusing to register a document, except on tLe ground that the propertA to u-thich it relotes is not situated uithin his sub-distict shall make an order of refusal and recorded his reasons for such order in hk Book No.2, and endorse the utords "registration refused" on the doatment; and, on applicotion made bg anA person executing or claiming under the doanment, shall, utithout pdAment and unnecessory delay, giue him a copg of the reasons so recorded. (2) No regi.steing officer shall accept for registration a doanment so endorsed unless and until, under tLrc prouisions hereinafter contained, the docttment is directed to be registered.

7. Recording the above submissions made by learned counsel on either side and without expressing arly 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, subject to the petitioners complying with the provisions of the Indian Registration Act, 19O8, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order. It is also open to the Registering Authority to refuse to register the subject document, by specihcally assign the reasons in terms of 4 SK, J ty P _7 B.r2 _202 5 Section 7l of the Act, 1908 and communicate the said decision to the petitioners.

8. Accordingly, this writ petition is disposed of. Miscelianeous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs. //TRUE COPY// SD/.A.V.S. PRASAD :Ki* R-EGrsrRAR A \ SEcTIoN OFFICER To, 1 . The Principal Secretary, Revenue, Registration and Stamps Department, 2. The District Regist-rar of Asslrances Registration and Stamps Department, Secretariat buildings, T.S.,Hyderabad Karimnagar Town and District Karimnagar, Telangana 3. The Sub Registrar, Gangadhara, Karimnagql District. + one cc to SRI RAVINDER REDDY SINGIREDDY, Advocate IOPUCI 5. Two CCs to GP FOR STAMPS AND REGISTRATION 'High 6. Two CD Copies State of Telangana at Hyderabad IOUTI Court for the BIV BS $ HIGH COURT DATED:1710312025 ORDER WP.No.7832 of 2025 . , ,r.: s lA) "- ) J ) (,) 2 B lrrA$ 'dil6 t' * n tfrl C'' * DISPOSING OF THE WRIT PETITION WITHOUT COSTS :& @q" ?.rw I

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