lvlora Venkatareddv v. Secretariat Building, HYderabad

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 of mandamus declaring the action of the 3rd respondent that is the sub registrar, Malkajgiri, Medchal- Malkajgiri District, in refusing to receive and register the sale Deed presented by the petitioner in respect of premises Residential house bearing no.27-68t3 (old No. 27-4111) in survey no. 143, 149 and 150 admeasuring 222.0 sq yards equivalent to 203.0 sq mtrs, with plinth area of 1000 sft of RCC Situated at Bramarambika nagar, naredmet, GHMC limits, Malkajgiri circle and mandal, Medchal-malkajgiri District, Telangana state as illegal and bad in law, is illegal arbitrary in violation of Articles 14,21 ,300-A of constitution of lndia and also in violation of Registration Act 1908 besides in violation of Principles of Natural Justice and consequently direct the Respondent No 3 to receive and register the sale deed presented by the petitioner in respect of premises Residential house bearing no.27-6813 (old No. 27-4111) in survey no. 143, 14g and 150 admeasuring 222.0 sq yards equivalent to 203 0 sq mtrs, with .XIr:: ,.;F1:$-'Y plinth area of 1000 sft of RCC situated at Bramarambika nagar, naredmet, GHMC limits, Ivrarkajgiri circre and mandar, Medchar-markajgiri District, Terangana state. IANO:1OF2 02s Petition under Section '15'r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondent No-3 herein to receive and registei the sare deed presented by the petitioner in respect of premises residentiar house bearing no 27-6g13 (ord No'27-41|1)in survey no 143,149,and 150 admeasuring 222.0sq yards equivarent to 203.0 sq.Mtrs, with plinth area of 1000 sft of RCC situated at Bramarambika Nagar, Naredmet, GHMC rimits, Markajgiri circre and Mandar, Medchar- Markajgiri District, Telangana State. Counsel for the Petitioner: SRI RAVISH KEDIA counsel for the Respondents: AGp FoR srAMps AND REGrsrRATroN The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.94O5 of 2o25 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 admission'

2. Aggrieved by the action of the respondent No.3 herein in refusing to receive and register the Sale Deed presented by the petitioner in respect of premises Residential house bearing No.27-6a13 (Old No.27-4LlLl in Plot No.41 in Sy.Nos. 143, L49 and, 15O admeasuring 222.0 Square yards equivalent to 203.O Square meters, w'ith plinth area of 1000 Square feet of RCC situated at Bramararnbika Nagar, Naredmet, GHMC lirnits, Ma-lkajgiri Circle and Mandal, Medcha-Malkqjgiri District, the petitioner hled the present writ petition.

3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under 2 sr, J W.P.No.94OS of 2O25 , r&:'i Section 71 of the Registration Act, 1908 (for short, .the Act, 1e08).

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) trvery Sub-Registrar refusing to register a document, except on the ground that the property to u,hich 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 document; and, on application made by any person executing or claiming under the document, shal1, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration 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 71 of the Act, 190g, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, . SK, J W.P.No.94OS of 2025 19O8 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the docu'ment if he has any objection, bY dulY presented before him, assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court 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. SD/.T. TIRUMALA DEVI DEPUTY REGISTRAR I Note: That the words read as 'House bearing No.27-68/3 (old No.27- 41111 in Sy.Nos.143, 149 and 150' in Paragraph No.2 of the order dated 28.03.2025 in WP.No.9405 of 2025 are corrected and substituted as "House bearing No.27-68/3 (old No.27- 4111) in Plot No.41 in Sy.Nos.143, 149 and 150" as per the orders of the Hon'ble court dated 31.07.2025 in lA.No.2 ot 2025. This amended order shall substitute the earlier order which has already been dispatched on dt: 2210412025. //TRUE COPY// SD/-T. TIRUMALA DEVI DEPUTY REGISTRAR SECTION OFFICER

1. The Principal Secretary Revenue Department, Secretariat Building, Hvderabad, State of Telangana.

2. Tlie Districi Registrar, Medinal -Malkajgiri District, Telangana State 3. The Sub registrar, Medchal- Malkajgiri District, Telangana State. 4. One CC to SRI RAVISH KEDIA, Advocate [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana, at Hyderabad. [OUT]

6. Two CD Copies To W PSK BS i I i t I T I I i i i , i I I I I i HIGH COURT DATED:2810312025 31t07t2025 ( AMENDED ORDER WP.No.9405 of 2025 .,:-' .r '.. ,,1.1 Ir. 2 T AIJB XEI s l: I DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 q1 s\',