High Court · 2025
Case Details
Acts & Sections
Sri. Dandi Subash, S/o. Gajana Fi./o.H. No.4-4-1 2Ol 4t a, Sanjaynagar, Adilaba d, Age- 47 years, Occ- EmPloYee, District, Telangana-504001 AND The State of Telangana,, ReP. bY its and Registration), Department' Secre The District Collector, Adilabad, Adila The Sub Register, Adilabad, Adilabad 1 2 J ...PETITIONER rincipal Secretary, (Revenue), (stamps riat, Hyderabad. ad District. District. Petition under Article 226 of the C circumstances stated in the affidavit fil pleased to issue Writ, Order or direclion Will of Mandamus declaring the action receive, register and release the sale Dee of land i.e., Plot No. 823, admeasuring 3 Sy.No, 170/33 situated at Mavala Village Municipality and Adilabad District, is illeg 21 and 300- A of Constitution of lndia a 1908, besides in violation of Principles of the respondent no.3 herein to receive, presented by the petitioner in respect of ...RESPONDENTS nstitution of lndia praying that in the therewith, the High Court maY be ore particularly one in the nature of f the 3rd resPondent in Refusing to submitted by the petitioner in respect X 50 =1500 sft = '1 39.35 sq meters in and mandal, in the limits of Adilabad l, arbitrary, in violation of Articles 1 4, d also in violation of Registration Act' atural Justice and consequently direct register and release the Sale Deed Plot No. 823, admeasuring 30 X 50 = :wry '1 500 sft = 139.35 sq meters in Sy.No, 170/33 situated at Mavala Village and mandal, in the limits of Adilabad Municipality and Adilabad District. 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 respondent no.3 herein to receive, register and release the Sale Deed presented by the petitioner in respect of Plot No.823, admeasuring 30 X 50 = 'I 500 sft = 139.35 sq meters in Sy.No, 170/33 situated at Mavala Village and mandal, in the limits of Adilabad Municipality and Adilabad District, in the interest of Justice, pending disposal of main Writ Petition. Counsel for the Petitioner: SRl. SOMA RAVI KIRAN REDDY Counsel forthe Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE S JUSTICE K.SARATH I WRIT PETITIO NN .L1446 of 202S ORDER: Heard learned counsel fo the petitioner and learned Assistant Government Pleader or Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the s ge of admission. 1r
2. Aggrieved by the action o the respondent No.3 herein in refusing to receive, register ald release the Sale Deed submitted by the petitioner respect of land i.e., plot I No.823, admeasuring to an ext nt of 3O x 5O= 1500 square feets= 139.35 square meters Mavala Village and Mandal, Sy.No. l7O / 33, situated at in the limits of Adilabad Municipality and Adilabad Dis ict, the petitioner hled the present writ petition.
3. Learned Assistalt Gover ment Pleader for Stamps and Registration submits th t without presenting the document, the petitioner h approached this Court seeking registration of the d cument. If the petitioner presents the same before the Registering authority, the I \ l I sr, J W.P.No.l 1446 of 2025 respondents will receive the same and follorv the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908).
4. The Section 71 of the Act, 19O8, reads as follows Reasons for refusal to register to be recorded.- (i) Every 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 rnake an order of refusal and rccorded his reasons for such order in his Book No.2, ancl enclorse the words "registration refused" on thc document; and, on application made by any person executing or claiming under the docr-rment, shall, without payment and unnecessary delay, give him a copv of the reasons so recorded. (2) No registering officer 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, 1908, this writ petition is clisposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, , sr, J W.P.No.7 7446 ol 2025 19O8 as well as the Indian S p Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he s any objection, by duly asslgnlng reasons 1n suppo of such decision and communicate the said decision o the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the en tlement of the petitioner to get the subject document regi tered. There shall be no order as to costs.
6. Miscellaneous Petitions, any, pending in this writ petition shall stand closed SD/.K.BHAVANI SWAMY ISTANT REGISTRAR //TRUE C PYII SECTION OFFICER To i. fhe erin"ipal Secretary' (Revenue)' ( State of Telangana Secretariat, Hyderab 2. The District Collector, Adilabad, Adilabad 3. The Sub Register, Adilabad, Adilabad Di 4. One CC to SRl. SOMA RAVI KIRAN RE 5. Two CCs to GP FOR STAMPS AND RE amps an egistration), DePartment' d. District trict. DY Advocate [OPUCI ISTRATION, High Court for the State of Telangana. [OUTI 6. Two CD CoPies
7. One SPare CoPY o KV GJP '1f -j'irtt I I HIGH COURT DATED: 1710412025 ORDER WP.No.11446 of 2025 (trfl l tlE S14 16. 13ilEm I t /J o|) , -,,, (\ .) i .'l .r _r 1 r., r1 tl ---.-=Z DISPOSING OF THE WRIT PETITION WITHOUT COSTS o\