✦ High Court of India · 04 Apr 2025

High Court · 2025

Case Details High Court of India · 04 Apr 2025
Court
High Court of India
Decided
04 Apr 2025
Bench
Not available
Length
1,110 words

Acts & Sections

.l?kkala Srinu, S/o. Muthaiah, Aged About: 45 years, Occ. Agriculture, Rl/o. Thimmareddy Gudem. Thumma t"apaly Vilise, 6h;ilr;; M;;ii;], ri;td".d; District. Gundra Mounika, Wo. Gundra Venkat Raman, Aqed About: 30 years, Occ. House wife, Rl/o. H.No. 1-30/1 , Mp eateiguOi,'rrlinjalparry, rUir6iinpltniri, Ranga Reddy District. AND ...PETITIONERS 1 2 a The state of Telanoana. R"p, gy its principal Secretary, Revenue Department, Dr. BR Ambedkar Secretaribt,liyoerauiol- The District Collector, Nalgonda District, Nalgonda. The Tahsildar and Jt. Sub Registrar Office, Chanduru Mandal, Chanduru. ,i ...RESPONDENTS Petition under Articre 226 ot the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of wRlr oF MANDAMUS decraring the action of the respondents, Particularly the Respondent No. 03, in not entertaining and registering the Sare- Deeds(02), dt-19-02-202s and 19-02-2025 vide Srot Booking Apprication Nos. 2500103091 and 2500103021 dt.2oto2t2o2s and2o-o2-2025 which are presented by the 1st Petitioner for his purely private patta lands in respect of Agriculture lands an admeasuring Ac.0-26 gtsin Sy. No. 167114t2, an admeasurin g Ac.O.27 gts in Sy. No.167/18, an admeasuring Ac. 0.26 gts in Sy. No. 167/1 1, an admeasuring Ac. 1-00 in sy, No. 16712, an admeasuring Ac.0.26 gts in Land sy, No. 167/1 9, to total Agricurture lands an admeasuring Ac. 3-25 gts, situated at ,i' Thummalapally Revenue Vi age, chanduru Mandar, Nargonda District vide common Passbook No. T28040170070 and Khata No. 133 issued by the 03rd Respondent, after payment of required Registration Fee, stamp duty and other charges of Rs.51,1981 and Rs.19,724l- vide echallans Nos.REG2500102142 and REG2500102187 respectively to the above said two sale-deeds and complied all the required formalities for the Registration, but the 03rd Respondent authority was refusing to registering the above said rands purposefu[y, without any basis and in violation of principles of natural justice. As a resurt of the said action, resulting in violation of my rights under Article 14,21 and 3004 of the constitution of lndia and consequently, direct the 03rd Respondent to receive and register the sale deeds documents dt. 19-o2-zo2s filed by the petitioners through DHARANT web portal vide srot Booking Application Nos.2500103091 and 2s00103021 dt. 20-02-2025. lA NO: 1 OF 2025 Petition under section 1s1 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. 03-Registration authority to registration and receiving the sale-Deeds (02), dt. 19-02-2o2s & 1g-o2-202s vide srot Booking Apprication Nos 2500103091 & 250010302i dt, 2O_OZ_2025 & 2O_02_ZO2S. which are presented by the Petitioner for his purery private patta rands in respect of Agriculture lands an admeasuring Ac.0_26 gts in Sy. No. 167t1412, an admeasuring Ac.O.27 gts in Sy. No.167/18, an admeasuring Ac. 0.26 gts in Sy. No. 167/'1 1, an admeasuring Ac. 1-00 in sy, No. 16712, an admeasuring Ac. 0.26 gts in Land Sy. No. 167119, total Agriculture land an admeasuring Ac. 3_25 gts, situated at rhummarapaily Revenue Viilage, chanduru Mandar, Nargonda District vide common Passbook No. T2g040170070 and Khata No. 133 issued by the 03'd Respondent. Counsel for the Petitioner: SRI ABDUL WAFIID BASHA counsel for the Respondents: AGp FoR srAMps AND REGrsrRATroN The Court made the following: ORDER /'.. THE HONOURABLE SRT JUSTICE K.SARATH WRIT PETITION No.10053 of 2025 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 stage of admission.

2. Aggrieved by the action of the Respondent No.O3 in not entertaining and registering the Sale Deeds (02), dated

19.O2.2O25 uide SLot Booking Application Nos.25O01O3O91 and 2500 10302 1 dated 20.O2.2O25 which are presented b.rr the Petitioner No. 1 for the subject property situated at Thummalapally Revenue Village, Chanduru Mandal, Nalgonda District, the petitioner filed the present ',l,rit petrtron

3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 19OB (for short, the Act, 1908). /:=_ 2 sx, J W.P.No.1OO53 oJ 2025

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.-- (1) Every Sub-Registrar refusing ro rcgister a document, except on the ground that the property Lo which it relates is not situated within his sult 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, shall, without payment and unneccssary deiay, give him a copy of the rcasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hcreinafter contained, the document is dirccrr:d to bc 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, subjcct to the petitioners complying with the provisions of the Act, 1908 as well as the Indian 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 .,*, assigning reasons ln support of such decision and I I communicate the said decision to the petitioners. It is made SIT, J W.P.No.7OO53 of 2O25 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. There shall be no order as to costs

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// To,

1. The Princigal Secretary, Revenue Department' Ambedkar'secretariat, Hyderabad' SD/- T. TIRUMALA DEVI DEPUW REGISTRAR SECTTON OFFICER te of Telangana, Dr. BR

2. The District Collector, Nalgonda District, Nalgonda' 3, The Tahsildar and Jt. Sub Registrar Office, Chanduru Mandal' Chanduru' 4. One CC to SRI ABDUL WAHID BASHA, 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 MP GJP s HIGH COURT DATED:0410412025 l tlE ST,af 28 APR 2[fi a + 1 ,\ ,/ ORDER WP.No.10053 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ €

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