High Court · 2025

...RESPONDENTS Petition under Articre 226 0f the constitutron of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of Writ of Mandamus declaring the action of the 3rd respondent i.e., The Sub Registrar, Gandipet, Ranga Reddy District, in refusing to receive and register the mortgage Deed presented by the petitioner Frat No. 401 on prot bearing No. 44 and 45 in sy No. 1 76 in Brock c admeasuring 416 Square yards 347.82 square meters apartment name known as sQH cRowN situated at Arkapoor Township, Pupparguda Vi'age, under Manikonda Municiparity Gandipet Mandar, Ranga Reddy District rerangana state., admeasuring 10 percentage mortgage area 77.22 Sq Mtrs or 92.35 Sq yards, having plinth Area 831.1g Square Feet, on fourth froor situated at Neknampur Virage, Manikonda Municiparity Gandipet w'// /:, Mandal, Ranga Reddy District Telangana state on the basis of Status Quo Order dated 23-12-2021 passed in l.A.No.'l of 2021 in C.M.A.No. 383 of 2021, passed by the Vth Additional District and Sessions Judge, Ranga Reddy at LB Nagar, as illegal and arbitrary, non binding on the petitioner and one without jurisdiction to consequently direct the 3rd respondent herein to receive register and release the mortgage deed for the above mentioned house flat property. 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 mortguage deed presented by the petitioner in respect of petitioner Flat No. 40i on plot bearing No. 44 and 45 in Sy No. 176 in Block C admeasuring 416 Square yards 347.82 Square meters apartment name known as "SQH CROWN" situated at Alkapoor Township, Puppalguda Village, under Manikonda Municipality Gandipet tVlandal, Ranga Reddy District Telangana State., admeasuring '10 % mortgage area 77 .22 Sq Mtrs or 92.35 Sq Yards, having plinth Area 83'l .18 Square Feet, on fourth floor situated at Neknampur Village, Manikonda lr/unicipality Gandipet Mandal, Ranga Reddy District Telangana state on the basis of the Civil Suits in OS No. 541 of 2015 or 242 ot 2021, on the file of the Learned Vth Additional District Judge Ranga Reddy District and CMA No. 383 of 2021 or not the party and the orders are not binding on the petitioner as such the respondent No. 3, shall not refuse on the basis of above orders in connection of the property which is intended to mortgage Deed in favour of the municipal commissioner Manikonda Ranga Reddy District forthwith, pending disposal of the main writ petition. Counsel for the Petitioner:SRl. RAVENDAR SAMALA Counsel for the Respondent No 1,2,3: GP FOR STAMPS AND REGISTRATTON Counsel for the Respondent No 4: Gp FOR REVENUE The Court made the following: ORDER r-l THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12674 of 2o25 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 in refusing to receive and register the mortgage deed presented by the petitioner in respect of Flat No.4O1 on plot bearing Nos.44 and 45 ln Sy.No.176 in Block C admeasuring 416 sq. yards 347.42 sq. meters apartment known as "SQH CROWN" situated at Alkapoor Township, Puppalguda Village under Manikonda Municipalit5r, Gandipet Mandal, Ranga Reddy District, the petitioner flled 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 2 SK, J WP No.111674 ot 2025 seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same and follow due procedure as contemplated under Section Tl of the Registration Act, 1908 (for short, 'the Act, i9O8).

4. The Section 71 of the Act, 190g, reads as follows: Reasons for rcfusal to register to be recorded.- (1) trvery 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 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 document; and, on application made by any p€:rson executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept lor 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, 190g, this writ 5 I WP No.12674 of 2025 petition is disposed of directing the Registering Authority to receive, register arrd 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 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 //TRUE COPY// SD/. P. PADMANABHA REDDY DEPUTY REGISTRAR { N I OFFICER SECTIO To,

1. The State of Telangana, Rep. by its Principal Secretary'. Revenue ( Stamps ' ;il; ;di.iilion oe-pi lSecrbtarlat Buildinss' Hvderabad' \

2.TheCommissionerandlnspectorGeneralofRegistrationandStamps, Telangana, HYd.

3. The Sub - Registrar, Gandipet, Ranga Reddy District' 4. The District Registrar, Ranga Reddy District' 5. One CC to SRl. RAVENDAR SATUALA Advocate [OPUCI 6.TwoCCstoGPFoRSTAMPSANDREGISTRATIoN'HighCourtforthe State of Telangana. [OUT] T.TwoCCstoGPFoRREVENUEHighCourtfortheStateofTelangana,at Hyderabad [OUT] B. Two CD CoPies DD "1. ^q. HIGH COURT DATED:2810412025 _._- -::aa--. .,i

1..! -.1 " .i: 1,i " .g .\s ::. ,', -_--// C .- i ! \\ . ,, :-, :-t|,:, ar \::-. ' -.J./ ORDER WP.No.12674 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1t\