High Court · 2025
Case Details
Acts & Sections
1 Sri Tata Murali Gopal Krishna, S/o. Late. T.B Kameshwa1R99, Aged about 53y"rr., Occupatidn Employee R/o. H. No. 1-8-47211, Chikkadpally, N-ear Vehkateshward swamy temple, Itilusheerabad, Hyderabad, Telangana-S00 020 /2.Sri.LankapalliChinna,S/oLankapallilmaniael,agedabout54years, Occupation Business, R/o House No.3-307, Suraram Colony, Quthbullapur ffif an,ial, Under GHMC Circle, Medchal-Malkajgiri District, Telangana State- 5oo o55 ...PETtrtoNERs AND
1. the State of Telangana, Represented by its Principal Secretary, F.eYeI'g^^ Department (Stam[s and Ri:gistration), Secretariat. HyderabalPtn500 o22 2 Th; District Registiar, Medch;l-Malkajgiri Dlstrict. Telanga.na-500 047 5. fne SuU-negisirar, euthbutlapur, Medchal-Malkaigiri District, Telangana-500 4. The Collector, Medchal-Malka 5. The Tahasildar, QuthbullaPur iqiri District, Telangana-500 047. Mandal, tvledchal-Malkalgiri District. Telangana-
055. 500 055 ...RESPONDENTS Petition under Article 226 of the constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any writ, order, or direction, more particularly one in the nature of a writ of Mandamus, declaring the inaction of Respondent No. 3 in not receiving, registering, and releasing the sale Deed presented by the Petitioners in respect of Plot No. 21, admeasuring 300.00 Sq. Yards or 250.80 Sq' Mtrs, forming part of Survey No. 49/7, situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC Circle, Quthbullapur, Medchal-Malkajgiri District, Telangana state, on the ground that the survey number in which the Petitioners property is situated has been notified as a prohibited property under G.O Ms No 121' Lr' No' E1IMDL/D1/1 53212017-1 , Revenue (Registration), daled 24-07 2024, and under Section 22-A of the Registration Act, vide Gazette Notification RR No. 83, communicated by the Joint Collector, Rangaredrly, vide File No. E5/4T3OiQuthbullapu r/Gajularamaram, dated 25.09.2013, and Deputy Collector and Tahsildar, Quthbullapur lvlandal, File No. E.158212012, daled 17 .02 2012, as illegal, arbitrary and u n constitutiona I And consequently, to lrrect Respondent No. 3 to receive and rep;ister the Sale Deed presented by the Petitioners in respect of the said Plot No. 2' admeasuring 300.00 Sq. Yards or 25180 Sq. Mtrs, forming part of Survey No. 49/7, srtuated at Gajularamaram Village, Outhbullapur Mandal, under GHtvlC Circle, Quthbullapur, Itiledchal-lvlalkajgiri Dis'rrct, Telangana State, without reference tc) the above-mentioned G.O.Ms. No. 121 Gazette Notification RR No.83, and related communications. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed rn support of the petition, the High Court m,rv be pleased to direct Respondent No 3 to receive, register the Sale Deed in respect the Plot No. 21, admeasuring 300 00 Sq Yards or 250.80 Sq. Mtrs. forming part of Survey No 49/7, situated at Gajularamaram Village, Quthbullapur li4andal, under GHMC Circle, Quthbullapur [\4edcha l- Malkajgiri District, Telangana State, on the ground that the survey number in which the Petitioners' property is sttuated has been notified as a prohibited property under G.O.Ms. No, 121 , Lr. No E1lMDLlD11153212017- 1 Revenue (Registration), dated 24.07 2024, and under Section 22-A of the Registration Act, vide Gazette No:ification RR No. 83, communicated by the Jornl Collector, Rangaredcy, vide File No. E5/4730/Q uthbullapu r/Gajularamaram, dated 25.09.2013, a'rd Deputy Collector & Tahsildar, Quthbullapur Mandal, File No. B.158212012, date<l 17.02.2012, Pending Disposal of the Writ Petition Counsel for the Petitioners: SRI K.KARUNAKAR Counsel for the Respondents: AGP FOR STAMPS AND RE:GISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.9454 of 2025 ORDER: iJeard 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. Aggricvecl by lhe inaction of Rcspondent No.3 in not rr:cciving, registering, and releasing the Sale DeeC prescntcd by thc Petitioners in rcspect of Plot No.21, admt:asuring to an extent of 300.00 Sq. Yards or 250.80 Sq. Mtrs., formJng part of Survcy No.49 l7 situatcd at Gajularamaram VilLagc, Quthbullapur Mandal, under GIIMC Circle, Quthbullapur, N4edchal-Maikajgiri District, the peLitioners filed the present writ pctition.
3. The Assistant Government Pleader has stated that the responcl.ents will follow the procedure contemplated under Section 7l of tlne Registration Act, i9OB (for short, the Act, 1eo8) 2 .si(,./ lt t' 9.1;.t 2025
4. The S,.ction 71 of the Act, 190g, rcadii as follows Rcirsons for rr:[usal to register to be recc,rr_led.- (l) llvc.r'r Sub-l?cqrstrar rchrsing tc resistcr a clOclrntCrrl. cxCCJ)t on thc ground that thr proltert-y to u hi '1'r it rclatcs is noL situatecl within his sub district shall tnakc an ordcr of rcfusal i ncl rccorded [.iis rc:rsorrs fttr such ordcr in his Book No.2, and cnd rrsc tl-r(. \\'ords "rcgrstration rcfu:-ed,, on thc dor:rrr-rent; ;tnd, ou altpliczrtron made b1, an), llersor) exc('Lttiltq or claiming under the docu rrent, shall, ri itlrrrrLl i):t\ nl(-,r.rl, ancl unncccssarv dclar , givc him zr cop-, ol litr. r-r':rsor-rs so rccordcd. [.2) i'ro rcgisrr.r-rrrg ollic.r:r slrall ac:ct:1tt [ol lcgistrztLi(rn a dc,r'ut'nc,nr sO cnckrrscd unless and until, under thc pror isit>ns hc.r'eitraftcr contained, the (]ocument is dirr: tr:rl 1o lrc t'cgislt'rc:cl.
5. In vicl' of thc rlbove macle submission.s couple(l urith the provisiou ultdcr Scction 71 of the Act, 190g, this writ petition is disposcd of dir<:cting thc Rcgister.ing Authority to receive, registcl' aurd rc:lcase the subjcct document, subject to the petitione rs complyillg with the provir;ions of thc Act, 1908 as u,ell as thc Indian Stamp Act, 1g9!r. It wiil be open to the Registering Authority to refuse the document presented bcf<;rc him, il he has any obj,_-,ction, by duly 3 s1(, J wP 9454 2025 assrgnlng reasons ln 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
6. Miscelianeous Petitions, if any, pending in this writ pctition shall stzrnd closed. No order as to costs. //TRUE COPY// SD/-T. TIRUMA DEPUTY REG EVI AR SECTION OFFICER tni'''j{ir."[Hii"Sil',lf iJ-'f, ffi ilr;i,,i':ilft ;;-'ffi il:1"' llkrJ]:**ryal?lsxliii5l,,$[?:::'ffi :JjlSiR^?l'?;l,llBial,;.,,ruuns,n,. a?Exfb - H gh c'u. f 'r'ihe :ffif;+i*ftr"mimm*qsff Two CD CoPies i I t To 1
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4. 5 6 7 B PSK BS HIGH COURT DATED:01 10412025 ORDER WP.No.9454 oI 2025 c \ I 1Hf- S14f{ c J o rJ 21 APR 2$8 /\ (( -. tl .+/ -tt''-'' DISPOSING OF THE WRIT PETITION WITHOUT COSTS *\