High Court · 2025
Case Details
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 pass an order or orders one in the nature of WRIT OF MANDAMUS declaring the action of Respondent No.3 for not receiving, processing and making registration of the sale Deed dated in respect of the petitioner property i.e.,semi-finishedFlatbearingNo.l02,FirstFloorhavingbuilt-upareaof1300 sq feet, R.C.C. including balconies and common area of 350 sq feet and one car parking admeasuring 100 sq. feet, in Stilt floor along with undivided share of land admeasuring 31.5 sq. yards (out of 400.00 sq yards), in the complex known as A.R. FAIRMoUNT HEIGHTS on Plot bearing no. 5and6, in part of survey ,160, situated at Golden Heights colony Phase-ll, Budvel village, Nos.127, 159/1 , underGHMCRajendraNagarcircle,RangaReddyDistrict,T.S..,inspiteof generating challan and declare the action of the respondents as totally illegal' -- arbitrary, Unconstitutional, and against the provision of principat of natural Justice and violation of municipal laws and violation of Article 300-A to the constitution of lndia. 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 to receive, process and make registration of the Sale Deed in respect of the petitioner property i.e., semi-finished Flat bearing No. 102, First Floor having built-up area of 1300 sq feet, R.C.C including balconies and common area of 350 sq. feet and one car parking admeasuring 100 sq. feet, in Stilt floor along with undivided share of land admeasuring 31 .5 sq. yards (out of 400.00 sq. yards), in the complex known as A.R. FAIRMOUNT HEIGHTS on plot bearing no. 5 and 6, in part of survey Nos. 127, 159/1 , 160, situated at Golden Heights Colony Phase-ll, Budvel Village, under GHMC Rajendra Nagar circle, Ranga Reddy District, T.S. inspite of generating challan pending disposal of the main writ petition. Counsel for the Petitioner: SRI GARAGA GAUT.AM KRISHNA Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE I{.SARATH WRIT PETITION No.11512 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader lor 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 Respondent No.3 in not receiving, processing and making registration of the Sa-le Deed in respect of the petitioner property i.e., semi-finished Flat bearing No. 102, First Floor of the complex known as A.R.FAIRMOUNT HEIGHTS on Piot bearing No.5 and 6, in part of survey Nos. 127, 159 lI, 160 situated at Golden Fleights Colony Phase-ll, Budvel Village, under GHMC Rajendra Nagar circle, Ranga Reddy District, the petitioner filed the present writ petition.
3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court \ i I 2 wp-ttstz-\tz{ seeking registration of the document. If the petitioner presents the same before the Registering authorit5r, the respondents will receive the same and follow the procedure as contemplated under Section 7l of the Registration Act, 1908 (for short, 'the Act, 1908).
4. The Section 71 of the Act, 1908, reads as follows: Reasons lor refusal to register to be recordcd.-- (1) Evcry Sub-Registrar refusing to regisler a doculnent, 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 documcnt; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of t he 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 vieu, 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 Authority to 'E' I I I To, SK, J wP 11512 2025 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 ciear 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. Miscellaleous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/-P . PAOMANABHA REDDY EPUTY REGISTRAR SECTION OFF ICER artment, Telangana 1 . The Principal Secretary,-Registration and Stamps s;;*i;ili. tne state bf reiangana' Hv-derabad' ,. iru b];il*:in66isita,, Resistralon and stamps Department, Ranga ReddY ,, ?Ltt!10-*"qistrar, The sub Registration office' Registration and stamps " o.irrtr"ni,"Raiendra Nagar District 4. fi :'cc' i;" s rittiig" d"''lt"tn xtiinna' Ad vocate [oP u cl 5. Two CCs to GP tot st''iii-I4 i{egiiiiation' High Court for the State ol 6. Two CD CoPies Telangana, at Hyderabad IUU ll TJ BS ft c.l, HIGH COURT DATED:21 10412025 ORDER WP.No.11512. ot 2025 I ^t HE. SIA 2 4 APn ?025 {- }| 7 ),' ( ..)1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS g)q'9 9,"- toEVW