Mohd.Tajuddin v. The Sub Registrar, Kapra Sub-Registration Office, Medchal-Malkajgiri District
Case at a glance
- Bench
- K SARATH
Outcome
Disposed of
writ petition is disposed of at the stage of admission itself'
Provisions considered
Key paragraphs
- Para 55. In vierv 'cf the above made submissions corrpled with the provisic,r. under Section 71 of the Act, 190g, this writ petition is disposed of directing the Registering Artthority to \- receive, register and release the subject documerrt, subject ,/ w 3 SI(, J wP,10I3B-2025…
Judgment
Cause title
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 a writ, order or direction more particularly one in the nature of writ of Mandamus Directing Respondent No.2 to Receive, Register, Release ihe sale Deed- presented by petitioner Pertaining to the total property (1) open Plot No-40, Admeasuring 150 Square Yards, in Survey No-106, Situated at Sri Sai Nagar, Mallapur, Kapra Uppal Mandal, I\/edchal-Malkajgiri District, Telangana, (2) open Plot No-45, Admeasuring 150 Square Yards, in survey No-106, Situated at sri Sai Nagar, Mallapur, Kapra Uppal Mandal, Medchal-Malkajgiri District, Telangana (3) open Plot No-46, Admeasuring 165 Square Yards, in Survey No-106, Situated at Sri Sai Nagar, Mallapur, Kapra Uppal Mandal, Medchal-Malkajgiri District, Telangana in accordance with law. lA NO: 1 OF 2025 Petition under Siection '151 CPC praying that in the circumstrrnces stated in the affidavit filed in support of the petition, the High Court may be pLsr..a pleased to pass an interim direction thereby directing the 2nd respondent herein to receive, register and release the sale deed presented by petitioner in respect of the total property ('l ) open Plot No-40, Admeasuring 150 Square Yards, in {:;urvey No-106, Situated at Sri Sai Nagar, Mallapur, Kapra Uppal Mandal, I\Iec chal-Malkajgiri District, Telangana, (2) open Plot No-45, Admeasuring 150 Sqr.rare yards, in Survey No-106, Situated at Sri Sai Nagar, Mallapur, Kapra tJppal Mandal, wlddchal-N/alkajgiri District, Telangana (3) open plot No-46, Adrrreasuring 165 Square Yards, in Survr:y No-106, Situated at Sri Sai Nagar, IMallapur, Kapra Uppal Mandal, [\4edchal-Mia lkajg iri District, Telangana. Gounsel for the Petitioner: M/s JMS LAW F|RM ADVOCATES AND ASSOCTATES Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITIO N No.10138 of2025
ORDER:
Operative part
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'
Aggrieved by the action of the respondent No'2 in not receive, register, reiease the sale deed presented by petitioner pertaining to the total property i.e' (1) open Plot No.40, Admeasuring to an extent of 150 Square Yards, in Survey No.106 situated at Sri Sai Nagar, Mallapur, Kapra Uppal l\4landa1, Medchal-Malkajgiri District (2) open Plot No.45, Admeasuring to an extent of 150 Square Yards, in Survey No.106 situated at Sri Sai Nagar, Mallapur, Kapra Uppal Mandal, Medchal-Malkajgiri District (3) open Plot No.46, Admeasuring to an extent of 165 Square Yards, in Survey No.106 situated at Sri Sar Nagar, Mallapur, Kapra Upp al Mandal, Medchal-l\{atkajgiri District, the petitioner filed the present writ petition. t i I 2 ,SI{, J ILP 101 38 2025
The Assistant Government Pleader has stated that the respondents will follow the procedure contemplrlted under Section 71 c,l the Registration Act, 1908 (for short, the Act, 1eo8)
The S,er:tion 71 of the Act, 1908, reads as fo lows: Rer: sons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing Lo r-egist:r a do<:unrent, except on the ground that thc propc,-tlr to lvhic''r it relates is not situated u,ithin his sub dis tr: crt shall make an order ol refusal ancl recorded his reasons lor such ordcr in his Book No.2 ancl enclo:,se the words "registration refused,, or thc docu11sn1 and, on application made by any porson exe<;rrr-ing or claiming under the documcfrt, I.ihall, u'ithc, rrt payrrrent and Lrnnecessary de1a1,. givr: t im a cop1. c f the reasons so recorded. (2) I\'1,; 16gis1s.ing oflicer shall accept for registr ttion a dlctLment so endorsed unless and until. uncie r the provis Lons hereinafter contained, the docume -rt is dir<:cr.<:d to be regrstered.
In vierv 'cf the above made submissions corrpled with the provisic,r. under Section 71 of the Act, 190g, this writ petition is disposed of directing the Registering Artthority to \- receive, register and release the subject documerrt, subject ,/ w 3 SI(, J wP,10I3B-2025 to the petitioner complying with the provisions of the Act' lgoSaswellastheIndianStampAct,l8gg. Itwillbeopen to the Registering Authority to refuse the document presentedbeforehim, ifhehasanyobjection, by duly 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'
MiscellaneousPetitions, if any, pendinginthiswrit petition shall stand closed' No order as to costs' sd/. P. PADM ANABHA REODY GISTRAR STANT RE ,ffRUE COPY'I SECTION OFFICER 'o',1. -rn" Principle secretary' stamps and Registration Department' Secretariat' Hyderabao 2. The Sub Registrar' Kapra Sub-Registration -' t"lungunu. a #"*-to M/s JMS LAw FIRM Advocate - +X,:fi:,i"t3, ff.i?i'::1Hs ^ , 6^^i-+rori^n office, Medchat-Malkaigiri _,. F,6ri A.l\/^cetes and Associates, Advocates Offic District' and Resistration 'High court ror the state or
5. Two CD Copies KKS MP \t+- HIGH COURT DATED:0710412025 ORDER WP.No.10138 of 2025 ..=--- 1 tlt Sf4 .a o o 1t pnM z aI tta rC qF-O t DISPOSING THE WRIT PETITION WITHOUT COSTS Ie. l? Ll \,
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: writ petition is disposed of at the stage of admission itself'
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Code of Civil Procedure, 1908; Registration Act, 1908.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.