The High Court · 2025

Shahbaz Alam Khan, S/o. Mr. Anwar Alam Khan, Aged about 40 years, Occ. Business, Ri/o. H.no. 9-4-771N54, Al Hasnath Colony, Tolichowki, Hyderabad- 08. ...PETITIONER AND 1 2 3 The State of Telangana, Rep. by its Principal Secretary, Registration and Stamps Department, Telangana Secretariat, Hyderabad. The District Registrar, Registration and Stamps Department, Ranga Reddy District. The Sub Registration Office, Rep by Sub-Registrar, Registration and Stamps Department, Rajendra Nagar District. ...RESPONDENTS 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 pteased toto 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- finished Flat bearing No. 402, Fourth 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 PIot bearing no. 5and6, in part of survey Nos. 127, 159t1, 160, situated at Golden Heights Colony Phase-ll, Budvel Village, under GHMC Rajendra Nagar circle, Ranga Reddy District, T.S.., inspite of generating challan and declare the action of the respondents as totally illegal, l arbitrary, Unconstitutional, and against the provision of principal of natural Justice and violation of municipal laws and violation of Article 300-4 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 makL registration of the Sale Deed in respect of the petitioner property i.e., semi-finished Flat bearing No. 402, Fourth 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. 5826, in part of survey Nos. 127, 15911,160, situated at Golden Heights Colony Phase-ll, Budvel Village, under GHMC Rajendra Nagar circle, Ranga Reddy Distri<I, T.S. inspite of generating challan pending disposal of the main writ petition. Counsel for the Petitioner : SRI GARAGA GAUTAM KRISHNA Counsel for the Respondents: ASST. cP FOR STAMPS AND REGISTRATTON The Court made the following: ORDER THE HONOURABLE SRT JUSTICE K.SARATH WRIT PETITION No.11596 of 2025 ORDER: Heard iearned 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.

2. Aggrieved by the action of Respondent No.3 in not receiving, processing and making registration of the Sale Deed in respect of the petitioner property i.e., semi-finished Flat bearing No.402, 4th Floor of the complex known as A.R.FAIRMOUNT HEIGHTS on Plot bearing No.S and 6, in part of Survey Nos. 127, 159 ll, 16O situated at Golden Heights Colony Phase-II, 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 l I I I l E a SK, J wP 11596 2025 seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same and follow the procedure as contemplatecl under Section 7l of the Registration Act, 1908 (for short, 'the Act, 1908').

4. The Section 71 of the Act, 1908, reads as follows: Rcasrins for refusal to register to be recorded.- (1) Evcry Sub-Registrar refusing to register a documt:nt, except on the ground that the property to which it rclates is not situated within his sub_ district shall make an order of refusai 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 by any person execr rting or claiming under the document, shall, with()ut payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for regisr.ration a doc-ument so endorsed unless and until, uncler the provisions hereinafter contained, the document is directed to be registered.

5. In vieu, of the above made submissions coupled with tJre provision under Section 71 of the Act, 190g, this writ petition is disposed of directing the Registering Authority to I I I 3 SK, J wP 11596 202s 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, 1g99. 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. PADMANABHA REDDY PUTY REGISTRAR DF //TRUE COPY// SECTION OFFICER To, District. t) tion, and Stamps Department, Telangana Hyderabad. n and Stamps Department, Ranga Reddy

1. The Principat_Secretary, Registra ^ Secretariat, State of Telangana, 2. The District Registrar, negiitraiib : ffi ,H sitp::31fi ?,?g!?,^8:& 4. One CC to SRt GRnnee.blUrAfrl XnfSHrun, Advocate. topucl 5 lwo ccs to Gp FoR srnMps nruo iee rSiieiriir'r, iiigiib;u; ror tne - State of Tetangana. [OUT] u copie-s. b1 s ub- Registra r' Res istration and stamps Igft "o BS $ HIGH COURT DATED:21 10412025 ORDER WP.No.11596 of 2025 ,c t, r\9 \"z DISPOSING OF THE WRIT PETITION WITHOUT COSTS @qu qr"'--' 6W, tAs t 24 APn ztm ; rt o rsPiltcH f-q *