Vattikoti Gopal v. The State Of Telangana

Petition under Article 226 of the constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particutarly one in the nature of writ of Mandamus declare the inaction of respondent No.3 in not registering, processing and releasing the sale deed presented by the petitioner vide Application No.2500023931 dated '17-01-2025 for registration of agriculture land in sy.No.37714 admeasuring Ac.0-20 guntas and Application No. 2500023793 dated 17 -O1-2O25 for registration of agriculture land in Sy.No.377l4 admeasuring Ac.1- 25 guntas situated at Vaddepally Village, Namapally fiilandal, Nalgonda District without any injunction order of aleination for the subject land in l.A.No. 142 of 2024 in o.S.No.1.16 0f 2024 dated 24-04-2024 0n the file of the Additional Junior civil Judge, Devarkonda is, illegal, arbitrary and u nconstitutional and Violation of Article .14,16 and 300-A of constitution of India, consequently direct the respondent No.3 to receive, process, register and release the deed of sale deed presented by the petitioner in respect above agriculture lands forthwith. lA NO: 1 OF 2025 Petition under Section 'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to pass interim directions on the respondent No.3 to register, process and release the deed ot sale deeds presented by the petitioner vide Application No.250002393'1 dated 17-01-2025 for registration of agriculture Iand in Sy.No.377l4 admeasuring Ac.0-20 guntas and Application No. 2500023793 dated 17 -01-2025 for registration of agriculture land in Sy.No.377l4 admeasuring Ac.1-125 guntas situated at Vaddepally Village, Namapally Mandal, Nalgonda District without any injunction order of aleination for the subject land in 1.A.No.142 of 2024 in O.S.No.1'1 6 of 2024 daled 24-04-2024 on the file of the Additional Junior C)ivil Judge, Devarkonda pending disposal of the above writ petition. Counsel for the Petitioner: SRI KONGALA MOHAN GOUEI Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.11694 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.

2. Aggrieved by the action of the respondent No.3: herein in not registering, processing and releasing the Sale Deed presented by the petitioner vide Application No.250002393 1, dated 17.O1.2025 for registration of agricultural land in Sy.No.377/4, admeasuring to an extent of Ac.0-2O guntas and Application No.25OOO23Z93, dated 17.OL.2025 for registration of agricultural land in Sy.No.377/4, admeasuring to arr extent of Ac. 1-25 guntas situated at Vadepally Village, Nampally Mandal, Nalgonda District without any injunction order of alienation for the subject land in I.A.No. 142 of 2024 rn O.S.No. l16 of 2024, dated 24.04.2024 on the file of the Additionat Junior Civil Judge, Devarkonda, the petitioner filed the present writ petition. .> SK, J W.1,.No.71594 of 2O25

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. tf the petitioner presents the same before the Registering authority, the respondents will receive the same ald follcw the procedure as contemplated under Section 71 of the .Registration Act, 1908 (for short, 'the Act, 1908').

4. The Section 7l of the Act, 1908, reads as follows: Reasons for refusal to register to be recorCed.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated igithi-r his sub- district shall make an order of refusal and recorded his reasons lor such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person execuling or claiming under the docun-rent, shall, without payment and unnecessary delay. give him a copy 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 direcled to be registered w // To, s-I(, J w.P.No.1 7694 bf 2025 5 In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to 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 cornmunicate the said decision to the petitioner. It is rnade 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 //TRUE COPY// SD/.8.G. VYJAYANTHI ASSISTANT REGISTRAR secrBMrrrcen

1. The Principal Secietary, Revenue Telanqand Secretariat, The State Of Telangana, Hyderabad.

2. The D'istrict Collector, Nalqonda District. 3. The Joint Sub-Registrar cIm Tahsildar Nampally,-Nalgo-nda District' 4. One CC to Sri Kongala fvlohan Goud, Advocate tOlUCl - 5. Two CCs to GP foiStamps And Registration, High Court for the State ot -D-epartment (Sta.mps and .Registration), Telangana, at Hyderabad [OUT]

6. Two CD Co TJ GJP g HIGH COURT DATED:2210412025 ORDER WP.No.11694 of 2025 .J ,.:\ I ,i * 1t sEP ltJa /: t, t):.\ '." 6. s r.t.r j DISPOSONG OF THE WRIT PETITION WITHOUT COSTS