✦ High Court of India · 26 Mar 2025

1. Gali Anjaneyulu v. 1. The State of Telangana

Case Details High Court of India · 26 Mar 2025
Court
High Court of India
Decided
26 Mar 2025
Bench
Not available
Length
1,002 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 directing the 3rd respondent to register the document in respect of the petitioner No.1 is having plot admeasuring 337.33 sq.yards in Sy.No.127, Petitioner No.2 is having lands admeasuring Ac.0.33, gts (3993 sq. yards) in Sy.No.29lC situated at Rekurthy Village, Kothapally Mandal, Karimnagar District and the petitioner No.3 is having pattadar passbook bearing Patta No.T1710009015'l , Khata No.892 admeasuring Ac.0.33 gts (3993 sq. yards) in w Sy.No.29lL situat€ d at Rekurthy Village, Kothapally Mandal, Karinrnagar District for any type of trar saction in favour of the prospective purchaser' |.A.NO:1 OF 2025 Petition uncler Section '151 CPC praying that in the circumstances stated in the affidavit filerl in support of the petition, the High court may ce pleased to direct the 3rd resp oncl:nt forthwith to receive, register ald release the document presented by the petitioners for transferring their property petitioner No''l is having plot admeesurirtg 337.33 sq.yards in Sy.No.127, Petitioner l\o.2 is having lands admeasurirg Ac.0.33, gts (3993 sq. yards) in Sy.No.29/C situated at Rekurthy Village, (othapally Mandal, Karimnagar District. Likewise the petitioner No.3 is having patiada'passbook bearing Patta No.T17100090151, Khata No.B92 admeasuring Ac.(.33 gts (3993 sq, yards) in Sy.No.29lL situateC at Rekurthy Village, Kothapally l\4 andal, Karimnagar District, pending disposal of the writ petition. Counsel for the Petitioners : SRI RAVINDER REDDY SINGIREDDY 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.9O9 6 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 stagc of admission.

2. Aggrieved by the inaction of the respondent No.3 he rein in registering the document in respect of the petitioncr No.1 having Irlot admeasuring to an extent ol'

3117.33 Square yards in Sy.No.727, petitioner No.2 having lands admeasuring to an extent of Ac.O-33 guntas (3993 Square yards) in Sy.No.29/C, situatcd at Rekurthy Village, Kothapally Mandal, Karimnagar District and the petitioner No.3 having pattadar passbook bearing patta No.T1710OO9O15i, Khata No.B92 admeasuring to an extent ol Ac.O 33 guntas (3993 Square yards) in Sy.No.29/L, situated at Rekurthy Village, Kothapally Mandal, Karimnagar District for any typc oI transaction in favour of 't'r/ c SK, J W.P.No.9O96 of 2025 the prosp:cti,,c purchaser, the petitioners filed tre present writ petiti ll-r

3. The Assistant Government Pieader has statt:d that the responderlts u'i11 follow the procedure cbntemplated under Section 71 c,l the Registration Act, 19OB (for short' 'the Act' 1eo8).

4. Tl-re Section follows: 7l of the Act, 1908, reads as Fleer;rrns for refusal to register to 6" tscor([r]d - (1) Jlvery Sub Re gistrar refusing to r-cgister a (.ocument, except on the ground that the propilrty to rrhi,:'r it relates is not situated within his sub rlistr:ct sha1l make an order of refusal and re':orded lris t czrsons for such order in his Book No ll' and t:ndcrse the words "registration refused" on the rlocument; and, on application made by anv l)erson ,rxe ::ting or claiming under the docume nt, shal1' 'vrth]l-rt payment and unnecessary delay, grvc him a :opy of the reasons so recorded' '2) llo registering officer shall accept for regislratron l document so endorsed unless and until, unrler the prcvisions hereinafter contained, the docun.tent is Cirr:,:ted to be registered {' srr, J W.P.No.9O96 oJ 2025

5. In view of the above made submissions coupled with the provision Lrnder Section 71 of the Act, 1908, 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 Act, 1908 as well as the Indiarl Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly asslgnlng reasons ln support of such decision and communicate the said decision to the petitioners. It is made clcar that this Court has not expressed any opinion on merits of thc case :rs to the entitlement of the petitioners to get the subject docr-rment registered. There shall be no order as to costs

6. Miscellaneous Pctitions, if aly, pending in this writ petition sha-li stand closed. //TRUE COPYII SDI. P.PADMANABHA REDDY DEPUTY REGISTRAR SECTION OFFICER

1. The Principal Secretary, Revenue, Registration and Stamps Department, 2. The District Registrar of Assurances Registration and stamps Department, Secretariat buildings, State of Telangana at Hyderabad. Karimnagar Town and District Karimnagar, Telangana. 3. The Sub Registrar, Gangadhara, Karimnagar Distlict. 4. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 5. One CC to SR 6. Two CD Copie I RAVINDER REDDY StNGtREDDY, Advocate tOpUCl Hyderabad. [OUT] To SA PSK HIGH COURT DATED:26111312025 ORDER WP.No.9096 of 2025 !t,i"d*- E sT, i(- k E J .J 0 B {P[1 ?i2l 'iI I DEsP^-:r DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT GOSTS.

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