High Court · 2025
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Sri.Yellala Chukka Reddy, S/o. t\ilalla Redd Farmer, Fi/o. H.No. 2-4, Erraguntapally, Peddapalli, Telangana - 505 416. Aged about. 48 Years, Occ. ommareddipalle, Dharmaram, v, B ...PETITIONER AND Revenue, Secretariat, HYderabad
1. The State of Telangana, Rep., by Principal Secretary, Department of 2. The District Collector, Peddapalli District. 5. fn" iansiiOhar and Joint Suii-Registrar, Dharmaram, Peddapalli District, T.S. ...RESPONDENTS Petition under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Nlandamus declaring the inaction of the respondent no.3 in registering and releasing the sale Deed dated. 20-02-2024 presented by the Petitioners vendor Komati Reddy chandra Shekar Reddy s/o. Hanmantha Reddy executed in favour of Petitioner herein with respect to land admeasuring Ac. 00- 06 gts in sy.No. 237 l1t2l1l1 of Bommareddipalle Village, Dharmaram Mandal, Peddapalli District, T.S vide application no.2400108856 as illegal, arbitrary, unfair. against to the Principles of Natural Justice and violative of Article 14 and 300-4 of the constitution of lndia apart from being contrary to the provisions of lndian Registration Act, 't 908 and consequentially direct the respondent No.3 to register and release the sale deed dated. 20-02-2024 produced by the Petitioners vendor Komati Reddy Chandra Shekar Reddy S/o Hanmantha Reddy with respect to land admeasuring Ac. 00-06 gts in Sy'No ' 237 l1l2l111 ot w Bomma redd ipa lle '/illage, Dharmaram [r,4andal, Peddapalli District, T.S in the interest of justir;e lA NO: 1 OF 2024 Petition und: r riection 15'1 cpc praying that in the circumsrances stated in the affidavit filt:d in r;upport of the petition, the High Couft may be pleased to forthwith direct the r:spondent No.3 to register and release the si,rle deed dated. 20-02-2024 prcdrrr;:J by the Petitioners vendor Komati Redrly Chandra shekar Reddy s/o. Harrnre n ha Reddy with respect to land admeasur ng l\c. 00-06 gts in Sy.No. 2371112'1,'1 (,f Bommareddipalle Village, Dharmaram tr/andal, peddapalli District, T.s perrd ngy cisposal of the present writ petition in the inte"est of justice Counsel for the Fletij:ioner: SRl. GUMMALLA BHASKER REDDy Counsel for the Fller;lrondents: AGp FOR STAMpS AND REGISTRATION The Court made ther following: ORDER THE HONOURABLE SRI JIISTICE K.SARATH WRIT PETITION No. 10528 of20.24 ORDER: Heard learned counsel for the petitioner ald 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'3 in not registering and releasing the Sale Deed dated 2O'O2'2O24 presented by the petitioner's vendor Komati Reddy Chandra Shekar Reddy S/o. Hanmantha Reddy executed in favour of petitioner herein with respect to land admeasuring to an extent of Ac.O-06 guntas in Sy'No'237/ | l2 / I I I of Bommareddipalle Village, Dharmaram Mandal, Peddapalli District uide Application No.2400108856, ttre petitioner filed the present writ Petition.
3. Learned Assistant Government Pleader for Stamps and Registratiori submits that without presenting the this Court document, the petitioner has approached , i I I I I I II sr(, J W.I'.No. 1O528 of 2024 seekillt r3gistration of the document. ,f the petitioner preser-tls the same before the Registerinil aLrthority, the responrlcrl.s will receive the same and fbllou. tee procedure as contetr ltlated under Section 71 of the Jlegr stration Act, 19OB 'f<u r;hort, the Act, 1908).
4. l'he f)r:ction 71 of the Act, 190g, reads as tbllows: Ileasons for refusal to register to be rr:cor,led. - ( I ) Every Sub-Registrar refusing to reqister a ( r) r umcnt, except on the ground that the pt o i)ertlr to v.'h i:h it relates is not situated within h s sub_ cistrict shall make an order of reiusr,l arLd r,.corded h j s reasons for such order in his Book N r.l 2, and enrl rrse the words "registration refuse d,, ,)11 the dor:rrment' and, on application made b-r7 :rn-v person ere r:uting or claiming under the docurrent shall, uitLout payment and unnecessary delay, givr him a c ;1rv of the reasons so recorded. i!l lJo registering officer shall accept lor r eg,is rration I ,lccument so endorsed unless and until ut-r ]er the c-ovisions hereinafter contained, thr: dccunLent is 1 r'r:r:ted to be registered.
5. Ir r;t:u,r of the above made submissiors ccupled with the pr.visi'i<to under Section 7l of the Act, 19(tg, this writ . sr, J W.P.No.7o528 of 2024 petition is disposed of directing the Registering Authority to receive, register and 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 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' There shall be no order as to costs.
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/. P. PONNA KRISHNA SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 . The Principal Secretary, Department of Revenue, Secretariat' 2 3 4 5 T.S..Hvderabad. The'DGtrict Collector, Peddapalli District. ii;; fil;iGh* ina .rbint suil-Ceg-istiji' Dharmaram,. Peddapalli Di:Jrict' r'S o"; bt i;- s ir. c u-nr rrlrnr-r-A e His xe q 5eo-o!.{d.yo9.9t9 t^o PqcJ .. i;;6d.'i"-GC Fon SiAHapS AND REGlsrRArloN ,Hish court forthe State of Telangana at Hyderabad [OUTj
6. Two CD CoPies B M /BSK HIGH COUR:'T DATED:291A'412025 ORDER WP.No.1052tl of 2024 C o 'iIl ? $ J\J)l i r) .Srl,. i C t' l i I , i i i i , l , i I DISPOSING OF THE WRIT PETITION WITHOUT'I:OSTS 71t /3 r