Smt- Gunda Hima Bindu v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the stated in the affidavit filed therewith, the High Court may be ue an appropriate writ, order or directions more particularly one in Irit of Mandamus, declaring the impugned action of the respondent in refusing receive and register Sale Deed presented by the fspect of Plot Nos. 165 and 166 admeasuring 500 sq. yards and iespectively in S.No. 5/3 situated at BNR Hills, Raidurg Panmaktha Mandal, Ranga Reddy District as being illegal, arbitrary Village, Serilin and violative of article 14 and 300-A of Constitution of lndia beside violative of principles of natural justice and contrary to the provisions of Registration Act 500 sq. yards lSamnallV I I 1908 and lndian Stamp Act 1899, consequently direct the Respondent no. 5 and 6 to receive, register and release the documents presented by the petitioner in respect of Plot Nos 165 and 166 admeasurlng 500 sq. yards and 500 sq. yards respectively in S.No. 5/3 situated at BNR Hills, Raidurg Panmaktha Village, Serilingampally firlandal, Ranga Reddy District, without reference to the Notification dated 2i 09.2013 issued by the 3rd respondent. lA NO: 1 OF 2025 Petition unde' Section 15'1 CPC praying that in the oircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the respondent no. 5 and 6 to receive, regrster and release the documents presented by the pe:titioner in respect of Plot Nos. 165 & 166 admeasuring 500 sq. yards and 500 sq. yards respectively in S.No. 5/3 situated at BNR Hills, Raidurg Panmakth:r Village, Serilingampally tVandal, Ranga Reddy District, pending disposal oi main writ petition. Counsel for the Petitioner: SRI J.ASHVINI KUMAR Counsel for the Respondents: AGP FOR STAMPS AND REGISIRATION The Court made ther following: ORDER 'i*,: THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.9569 of 2025 ORDER: Heard learncd 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 Nos'S and 6 herein in refusing to receive and register the Sale Deed presented by the petitioner in respect of the Plot Nos' 165 and 166, admeasuring to an extent of 500 Square yards each, in Sy.No.5/3, situated at BNR Hills, Raidurg Panmaktha Village, Serilingampally Mandal, Ranga Reddy District, the petitioner filed the present writ petition'

3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short,the Act, leo8J \i 2 SK, J lV-P.No.9569 oJ 2O25 4 The S,,-ction 71 of the Act, 190g, reads as follows: Rc rsons lrrr refusal lo register to be recrirdccl._ ( I ) Evcr -\' Sub-Rcgistrar refusing tc, register a docLtrne'nt, except on the ground that th.e propcrty to u,hr:.h it r-clates is not situatcd within hts sub_ rlistrir.rt sh:rlL makc an ordcr of rcfusal ,:.;,rd recorded his reasons lor slrch or.der in his Bool: No.2, and cncl:rrse t hc u'ords "rcgistration refust:d,, on the do( tntent; and, on application macle bv any person cxc( uting or claiming under thc docl rnent, shall, \\.it I or-tt p:tvrrcnt zrnd unnccessary dcla-r. give him a cop. of thc rcasons so recorded. "lo (2) rcgistering officer shall accept for. registration a d, crtnrent so endorsed unless and until, under the pror isror-rs hereinaf(er containecl, the d()cument is dirr',rted to be registered.

5. In vieri- of the above made submissiolts coupled u,ith the provisir)n under Section 71 of the Act, 190g, this writ petition is <iisposcd of directing the Registering Authority to receive, register and release the subject do<;ument, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99. It will be open t9 the Rerlisterir-rg Authority to refuse the document prcsented l;efore him, if he has any ob.iection, by duly assigning .easons i, support of suctr decision and sr(, J W.P,No.9569 of 2025 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 t petition shall stand closed. //TRUE COPY// SD/. T.TIRUM DEPUTY DEVI G TRAR SECTION FFICER '1 . The Principal Secretary, Revenue (Stamps and Registration) Department' Secretariat Building, Hyderabad, State of Telangana.

2. The Commissioner and lG Registration and Stamps' MJ Road, Hyderabad 3- The District Collector, Ranga Reddy District at Kongarakalan 4. The District Registrar, Stamps and Registration Department Kukatpally, Ranga Reddy District

5. The Joint Sub Registrar l, Stamps and Registration Pepartment RO (OB), Sony Complex, Prashanthnagar Ranga Reddy District, Hyderabad

6. The Joint Sub Registrar ll, Stamps and Registration Department RO (OB)' Sony Complex, Praishanthnagar Ranga Reddy District, Hyderabad

7. One CC to SRI J.ASHVINI KUIVAR, Advocate [OPUC] B. Two CCs to GP FOR STAIVIPS AND REGISTRATION' High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Copiesq To, BS I l I I I I j I i I t

1. I I I I I I I I I I I I i i HIGH COURT DATED:0210412025 ORDER WP.No.9569 of 2025 ( q J o t) o/ , HE ST,q 16: 1 01 APB 2U5 r. .+ t FspATcr ,-,-O DISPOSING OF THE WRIT PETITION, WITHOUT COSTS