High Court · 2025

Petition under ArtiQle 226 of the constitution of lndia praying that in the circumstanceg stated in the affidavit filed therewith, the High court may be pleased to igsue Bny t1rit, order or direction more in thg nature of Writ of Mandamus cpclatlng thg action of the 3rd respondent herein in refusing to leceive, regisfer and release the sale dee{ presented by the petitioner in respect pf the House bearing Grampanc|ayat No. 5-9Q/20l50 on plot No' 50, 'SOUTHERN PART', in Survey No. 6/Part' admeasuring 111'0 Sq Yds, Equivalent lo 9l7Q Sq. Meters, having plinth area '100.00 9q Feet with ACC' situated at DSrgah Khalij Khan village, Gram Panchayat, Gandipet Mandal, RR District, Telangana state, on the arbitrary ground that it has been declared as a prohibited ploperty by virtue of the proceeding No. Lr.No.E114392 t2024, daled 29.01 .2025 issued by the 2nd respondent as contrary to the provisions of the Registration Act and consequently direct the 3rd respondent herein to receivq, register and release the sale deeds presented by the petitioner herein in respect 7 of the House bear ng Grampanchayat No. S-gOl2OlSO on plot No. S0, 'SOUTHERN PART'. in Survey No. 6/part, admeasuring 111.0 Sq' yds. Equivalent lo 92.79 Sq. Meters, having plinth area 100.00 Sq. Feet with ACC, Situated at Dargah Kl-ralij Khan village, Gram panchayat, Gandipet Mandal, RR District, Telangana State, without reference to proceedings No, Lr No.E11439212024, dated29.0't.2025 issuefl by the.2nd respondqn[. lA NO: 't OF 2025 Petition under section 'lb1 cpc praying that in the circumstances stated in the affidavit filed in jupport of the petition, the Hig[ Court may be pleased to flirect the 3rd respondt:nl herein to receive, registgr ?od release thg sale deeds pregenled by tnq p,-.titioners her:ein in respect of tFg l-{gqse peqripg Grampanchayat No s-gQ/20ls0 on prot No. s0, "qoqrHERN PABT , iq suryey No. 6/Part, qQmeasuring 111.0 Sq yds. Eguivatent to 92.79 SC. .[/pte.rs, having plinth area 190 00 $q Feet \r/ith AQC, gituqted at eatgah Khatil Khan Vifiage, bram !anchgyat, Garrdipet Mandal, RR pistrigt, [glangpna Ftate, withAut ;eferenge to Proceedinlys No. Lr.No p1t 3gzlZOZ!., dated ZQ.g1.Zg?S issued by lhe 2 rqppgl(ent, pendiqg diqpoqpl of thg ry;it Bgtition pen;lns disposa! of the pbove r4rit pgtition Counsel for the Petirtioner: SRt MOH{MMEQ ABDUL W.AHAF gSyn"Sf for tfe Respondents: AGP FOR gTAMpS & REG|SIBATI-AN Thq Court ryrgde the folklwing: ORpFR THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.8O73 of 2025 ORDER: Heard learned counsel for the petitioner 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 admissron.

2. Aggrieved by the action of the respondent No.3 herein in refusing to receive, register and release the Sale Deed presented by the petitioner in respect of the House bearing Grampanchayat No.5-9Ol2Ol50 on Plot No-SO' "Southern Part", in Survey No.6/Part, admeasuring to an extent bf

111.0 Square Yards equivalent to 92.79 Square Meters, having plinth area 1O0.OO Square Feet with ACC, situated at Dargah Khalij I(han Village, Gram Panchayat, Gandipet Mandal, Ranga Reddy District, Telangana State, on the arbitrary ground that it has been declared as a prohibited the proceeding uide property by virtue of Lr.NrEl/4392/2O24, dated 29.O\.2O25 issued by the respondent No.2 as contra.ry to the provisions of the ./ 2 sr, J W.P.No.8O73 of 2O2S Registration Act, the petitioner filed the present writ petition. \

3. The Asr;istant Government pleader has stated that the respondents will follow the procedure contemplated under Section 71 ol'the Registration Act, 19Og (for short, .the Act, 1e08).

4. The Se<:tion follows: 7l of the Act, 19O8, reads as Re:rsorrs for refusal to register to be recorded._ (1) trvery Sub-Registrar refusing to register a docum,:nt, except on the ground that the property to whic:h 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 docrrment; and, on application made by any person exec utirrg or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) Nr; registering officer shall accept for registration a document so endorsed unless ald until, under the provisior s hereinafter contained, the documt:nt is directed -o be registered. -.---7i 3 sx, J W.P.No.8073 of 2025

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 19Og, this v,rit petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner comp\ring with the provisions of the Act, 19O8 as well as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning " fCa,-so{rs in support of such decision and rlA , communicate the said decision to the petitioner. It is.made clear that this Cgurt has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.A.V.S. P DEPUTY REGI AD R SECTIO FFTCER I To, 1 The f rincipal Secretary, Revenue (Stamp$ and Registratien) Secretariat Building, Hyderabad, State of Telangana.

2. The District Qollector, Ranga Reddy District, Telangana 3. The Sub- Registrar, Gandipet Mandal, Ranga Reddy Dist., Telangana 4. One CC to SR! MOHAMMED ABDUL WAHAQ, Advecatq toPl.lOl 5 rwo g,cg !o 9P FpR SIAIYPIANq-BEGlSrR4floN, High Court for the State ol Telan$ana at Hyderagi{ IOUTI 6 Tyvo CD Copiqg B9R BS-: ., HIGH COURT DATED:25l03t2OZs ORDER IUP.No.80T3 of :t}zl o o I ( t 14S?r1 14- 11APR 2M DFs: lY rCHf r.z/ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS fAf \\ q I I