High Court · 2025

THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITIoN No: 10'!Q9 QE2025 Between: tvlohammed Abdul Faheem, 9/o Rasheed, aged about 45 years, Occ Business, R/o. H.No.5-65/2, Neaf Ambedkaf Circle, Narayanapur, Nalgonda District. ...PETITIONER AND 1 State of Telangana, Rep.by its Principal Se6retary, Stamps and Registration Department, Secretariat, Hydgrabad. The Special Chief Secretary to Government qnd Chief Commlssioner of Land Administration (FAC) Goverrlment of Tglangana, Hyderabad. The Commissioner and lnspector General, Stamps and Registration Department, Mojamjahi Market Road, N?rpgtly, Hyderabad. The District Regiptrar/Appell?!e Authority Starlps and Registration and Assurance, Ranga Reddy District. 2 3 4 ...RESPONDENTS Petition under Article ??6 of lhe Cqnstitution of lndia praying that in the circumstances staled in the affidaVit filed therer4rith, the High Court may be pleased to issue a writ, erder gr direction, mpre p3rticularly one in the nature of writ of Mandamus, declaring the action of respondqnts more particularly the action of the sth respendent in not receiving and registering the sale deed presented by the petitioner pertaining to the fndependent House on Plot bearing No. 105, Sector-l in H-Block in Qy,Nos.791Parl,7911 Part, B1/Part, 102 Part, 1O3/Part and 1 04/Part, admeasuring 200 Sq. Yards qr equivalent to 167.2 Sq. Meters, with a total built up area of 500 Sg Feet (R.C.C.) i.e., Ground Floor = 14'14 Sq. Feet + First Floor = 1414 Sq. Feet + Second Floor = 1414 Sq, Feet + 758 Sq. Feet, situated at Neknampur Village, Under l\/anikonda Third Floor ttlunicipality, Gandipet Mandal, Ranga Reddy District Telangana State and = bounded North Plot No.106, South Plot No. 104, East Plot No.98 and West 40 Wide Road on the ground that the 3rd respondent issued lt/lemo. No' G215402t2016, Dt 09.12.?019 as illegal, aibitrary and violative pf prinqiples gf natural justicq and also aontraiy tq the provisions of Registration 491, 1908 apA4 from being viglative of Articles 14, 11 and 300'4 of Constitution of lnc'lia, and consequently direct the $lh reppondent to receive and'registering the sale deed presented by the petitioner pertaining to the lndependent Hqyse ql Plo! bearing No. '1 05, Septor-t in H-8lock in $y,f,rJos 7pllarI, 7911 Part, B1lParl, 142 Parl, 103/Par! and 104/Fart, qdmeaguring 200 $9. Yards qr eqtrivalent 1o 197.2 Sq Meters, wrth a total built up area gl 500 Eo, Feql (R C.C ) i I ' FfoynO. Flqql I 141a Sq. Feet + First Flper = 1414 9q Feel + Sscond Floot'= 14114 Sq Feqt t Third Flpor t 758 Sq Feet, qitualed at Neknanfpur Villaqe, Under ManikEnda Municipality, Gandipet Mandal, Ranga Beddy District TelangAna State And boundecl North Plot No.1Q6, South Plot N9, 104, East Plol No 9$ qnd !,Uest 40 Wide Road. IANO: 1O 2025 Petition under Section 151 CFO praying that in the circumslances stated in the affidavit filed in support of the petition, in-. Hign Court maY be pleased to direct the Sth respondent to rgceive and rggister the sale deed prespnted by lhe petifioner pertgining to the lndgpendent Hpupe on Plot bearing No. 105, Sectpr'l in H-Block in Sy Nos.79lPEr.t, 791 Part, 81/Fart, 102 Part, 103/Fart and 104lPatl, admeasuring egO q! Yards or e-quivalelt to 167 '2 sq Meterq, with a tota! built up Area of 500 Sq Feet (B.C.C ) i.e., Ground Floor = 1414 Sg. Feet + First Flqor='1414 Sq, Feel + Second lloor = 1414 Sq Feet + Third Floor=758 $q Feet, situated at Neknampur Villqge, Under lVlanikonda Municipqlily' GanQipet Mandal, Ranga Reddy Distric! Telgngana $ta!e a1d bounded North Plol No'1.9Q, South Flot Nq 104, East Plot No.98 and West 40 Wide Road pending dispggqf of writ petition. Counsel for the Petitioner: SRI A.KRUPADHAR REDDY Counsql for the Respondents: AGP FOR STAMPS & REGISTRATION / THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.1O1O9 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 itself.

2. Aggrieved by the action of the respondent No.5 in not receiving and registering the sale deed presented by the petitioner pertaining to the independent house on plot bearing No.1O5, Sector-l in H-Block in Sy.Nos.79lpart, 79ll Part,8l/Part, 102 Part, 103/Part and lO4lpart, admeasuring to an extent of 2OO Sq. Yards or equivalent to

167.2 Sq. Meters situated at Neknampur Village, Under Manikonda Municipality, Gandipet 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, l9O8 (for short, .the Act, r eos). 2 SK, J tr/ P 10109_2025

4. The Section 71 of the Act, 1908, reads as fbliows: 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 which 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 sha1l accept lor 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 sutrmissions coupied with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register ald release the subject document, subject to the petitioner 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 d.uly I l l I r /'' 3 51(,./ lvP_10109 2025 asslgnlng 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.

6. Miscellaneous Petitions, if aly, pending in this writ petition shall stand closed. No order as to costs. SD/-A. SRINIVASA REDDY ASSISTANT REGISTRAR //rBUE CQPY// SECTION OFFICER To, V l The Principal Seqrqtary, Stamps and Regiqtration DepartmqQt, Secretariat' Hydelabad, $tate qfTelatgana. : '

2. The Special Qhief $ecretary tq Governrrent and Chief Oommisqioner of l-and Admini$tratien (FAC), Gqvernrnent of Tqlangatla, l.lyderapqd

3. The Cpmmissioner and lnspector general, Stampq and Registration Dgpartrlent, Mojarirjahi Markgt- Rpad, NQmpally, Hyderabid The DiEtrict Regi;trar/Appellate Authprity, Stamps End Begistration and Apsurdnce, Rqnga'Bedqy Oiql1lq1 4 5 One QG !o $RIA.KRUPApHAR REDBY, Advocate [OPUgl 6. f.1vo QQs to GP E OR STAIIPS AND $late gf,TelaQgana al Hyderabad IOUTI REql$TRATloN, Hish Qou( for fhe 7 Iyo {]Q CoBiqs BSR BS Po'tct \ \ HIGH COURT DATED:0710412025 i I ORDER WP.No.10109 of 2025 Y :) r)'i 1nE Sre 22 l'lllv zun z .lo i) €.3.,,r 1r.10 ' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS Kq ao\g\,5