✦ High Court of India · 21 Apr 2025

Mohammed Abdul Mateen v. The State of Telangana

Case Details High Court of India · 21 Apr 2025
Court
High Court of India
Decided
21 Apr 2025
Bench
Not available
Length
1,124 words

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. 301 , Third 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 & 6, in part of survey Nos. 127,15911, 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 GAUTAM KRISHNA Counsel for the Respondents: AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.11514 of 2025 ORDER: Heard learned 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.30 1, 3d Floor of the complex known as A.R.FAIRMOUNT FItrIGHTS on Plot bearing No.5 and 6, in part of survey Nos.127, 1,59 1L, 160 situated at Golden Heights Colony Phase-ll, Budvel Village, under GHMC Rajendra Nagar circle, Rar-rga 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 t ) I I I I I I I ': c SK, J w7, 11514 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 contemplated under Section 71 of the Registration Act, 1908 (for short, ,the Act, 190g). 4 The Section 71 of the Act, 190g, reads as follows: Reasons for refusal to register to be recorded._-_ (1) Every Sub-Registrar refusing to register a document, except on the grouncl that the property to which ir relates is not situated within his sub_ district shali make an order of refusal and recorded his reasons for such order in his Book No.2, and endorsc 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 the reasons so recorded. (2) No rr--gistering officer shall accept for registration a dor:ument 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 Authoritv to 3 SK, J wP 11514-2025 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 if he has any objection, by duly presented before him, asslgnlng 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 sha,ll 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 //TRUE COPY// To, 1 The Princioal Secretary, Registration and Stamps Secretariat, Hyderabad, State of Telangana SECTTON OFFICER Department, Telangana

2. The District Registrar, Registration and Stamps Department' Ranga Reddy District.

3. The Sub Registration Office, Rep .by Sub-Registrar' Registration and Stamps - Department,-Rajendra Nagar District'

4. One CC to SRI GARAGA GAUTAM KRISHNA' Advocate IOPUC] 5. Two CCs to GP FOR STAMPS ANq REGISTRATION' High Court for the -' siiie ofretangana at Hyderabad [oUTl 6. Two CD CoPies BSR BS s HIGH COURI" DATED:2110412025 ORDER WP.No.11514 of 2025 e IHE sIA ( '.) o c o 2 4 t.pn ZWS 7 -f DFSPATCH i-p DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 6q;u Wv

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