✦ High Court of India · 21 Apr 2025

High Court · 2025

Case Details High Court of India · 21 Apr 2025
Court
High Court of India
Decided
21 Apr 2025
Bench
Not available
Length
1,067 words

1. Smt. Gangadhari Housewife, Ri/o Adilabad 2. Baddam Rajamouli, S/o Late Baddam Sriramulu Aged about-58 ye.ars, Occ. Govemmeni Servant, Fl/o R and B Quarter No.D-4, Arepally Road, Karimnagar 3. Aluri Tirupathi Rao, S/o Narayana Rao, Aged 58 years, Occ. Gqvt. Teacher, Fl/o Lingampet Village, Chandurthi Mandal, Karimnagar District. .. -.

4. Odela Srinivas, S/o Mallesham, Aged 50 Years, Occ. Rl,/o H.No.10-3-27, Vidvanaoar. Karimanqar

5. Smi. Veiruia Sugunal Wo Narayana, Aged about 72 years, Occ. Housewife,

6. Gali Lakshmi, W/o Gattaiah, Aged 48 years, Occ. Housewife, Rl/o H.No'2-10- R/o 1 0-2-3, Vidyanagar, Karimnagar 1440, Bhagyanagar, Karimnagar ...pETlTloNERS AND

1. The State of Telangana, Rep by its Principal Secretary, Revenue, Registration and Stamps Department, Secretariat buildings, Hyderabad.

2. The District Regjistrar of Assurances, Registration and Stamps Department Karimnagar Town and District Karimnagar, Telangana 3. The Sub Registrar, Gangadhara, Karimnagar District. ...RES'ONDENTS Petition undei 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 an order or direction more particularly one in the nature of Writ of MANDAMUS directing the 3rd respondent to register the document in respect of the property of the petitioner No.1 is having plot No.135 admeasuring Ac.270 sq. yards in Sy.No.153, petitioner No.2 plot bearing No.141, admeasuring 200 sq. yards in Sy.No.139, petitioner No.3 is having plot bearing No.105, admeasuring 200 sq. yards in Sy.No.140, petitioner No.4 is having plot bearing No.1 1, admeasuring 2OO sq. yards in Sy.No.80, petitioner No 5 is having plot bearing No.562, admeasuring 200 sq. yards in Sy.No.124 and petitioner No'6 is having -7 plots bearing No.16 and'17 admeasuring 418.9'l sq. yards in Sy.No.129 situated at Rekurthy Village, Kothapally Mar. Karimnagar District for any type of transdction in favour of try prospective purchaser. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent forthwith to receive, register and release the document presented by the petitioners for transferring their property of the petitioner No.1 is having plot No.'135 admeasuring Ac.270 sq. yards in Sy.No.153, petitioner No.2 is having plot bearing No.141 , admeasuring 200 sq. yards in Sy.No.139, petitioner No.3 is having plot bearing No.105, admeasuring 200 sq. yards in Sy.No.1 40, petitioner No.4 is having plot bearing No.11, admeasuring 200 sq. yards in Sy.No.80, petitioner No.5 is having plot bearing No.562, admeasuring 200 sq. yards in Sy.No.124 and petitioner No.6 is having plots bearing No.l6 and 17 admeasuring 4'18.9'1 sq. yards in Sy.No.129 situated at Rekurthy Village, Kothapally Mandal, Karimnagar District, pending disposal of the writ petition. Counsel for the Petitioners: SRI RAVINDER REDDY SINGIREDDY Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER n THE HONOURABLE SRI JT'STICE K'SARATH .WRIT PETITION No.11 677 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 3'd resPondent not respect of the subject registering the documents 1n properties of the petitioner Nos' 1 to 6 situated at Rekurthy \/illage,KothapallyMandal,KarimnagarDistrict,the petitioners frled the present writ petition'

3. Learned Assistant Government Pleader for Stamps without Presenting the and Registration submits that approached this Court document, the Petitioners have seeking registration of the documents' If the petttloners present the same before the Registering authot't'' :n-t''---- ==-t'l 2 .sK, _r vP 11677 2025 respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908,).

4. The Section 71 of the Act, 19Og, reads as follows: Reasons for refusal to register to be recorded._ (1) Every Sub-Registrar refusing to register a document, except on the ground that the property ro 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 b1, anv person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering offlcer shall accept for 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 submissions coupled with the provision under Section 71 of the Act, 190g, this writ petition is disposed of directing the Registering SK, J w/P 1t677 2025 Authority to receive, register and release the subject documents,subjecttothepetitionerscomplyingwiththe 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 petitioners lt is made 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'

6.MiscellaneousPetitions,ifany'pendinginthis writ petition shall stand' closed' No order as to costs' -riEpuw SD/-P. PADMANABHA REDDY REGISTRAR /TTRUE COPY// SECTION OFFICER To StamPS DePartment, 1 uildings, istrar The PrinciPa I Secretary, Revenue, Reg istration Hvd erabad, State of Telang ana. Secretariat b ofAssurances, Registration an StamPS DePartment d 2. rhe District Reg Karimnag ar Town and District Karimnagar, Telangana r District Gang adhara, Ka EDDY, Advocate oPUcl The Sub Reg R REDDY ne CC to SR na, at HYd erabad. IouTl 3 4.o 5. Two CCs to GP FOR STAMPS AND REGISTRATIO N, High Co urt for the State of Telanga 6. Two CD CoPies rimnaga SINGIR IRA_-VINDE istrar, t PSK. \y'1, BS HIGH COURT DATED:21 10412025 ORDER WP.No.11677 of 2025 .a- 1Hi:- Slar" e J t^

1. 30 APn 20[ * .,,ir r:t'E! ;)-' c,I .lQ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,o\ sJ. Xr'sv

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