The High Court · 2025

THE HONOURABLE SRI JUSTICE, K, SARATH W ITP ETITION NO: 099 0F 2025 Between: Dapinder sinqh chhatwar s/o. Rajender singh chhatwar, Aged about 34 years, occ.. Business, R/o. Ftat w" sij5, Mri"Jii"."AiJri."nts, Boggutkunta, Abids, Hyderabad AND ...PETITIONER

1. The State of Telanqana. Represented.by its principal Secretary, Stamps and Registration Depariment, selcretariat, Hid;;;bil''-' - The Commissioner and lnspector General, Stamps and Registration Department, Hyderabad 2 J 4 5 The District Collectpr, Rpnga Reddy District The District Registrar, Ranga Reddy District The Joint Sub-Registrar, RangB q666, District (R.O,) ...RESPONDENTS Petition under A'ticre 226 of rhe cqnstitution of rndia praying that in the crfcumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ, or order or direction more particurarry one in the nature of writ of Mandamus, deqraring the action af the Respondent No.5 in not receiving and registering the memorandum of Deposit of Tifle Deeds presented by the Petitioner on 10-03-202s pertaining to the property Frat No. 204, on il froor, (D. No 5-85/51 and s2r2o4) of chhatwar Homes admeasuring 1Bg2 square feet situated in survey No. 5i3 of Raidurg panmaktha viilage, seriringampaily Mandar, Ranga Reddy District basing on the proceedings Lr. No. E1t449sl2o24 dated 21- o1-2o25 issued by the Respondent No.3 in favour of Respondent No.2, where under survey No. 5/3 of Raidurg panmaktha village recorded as a poramboke _ state Government as krr_.ing arbitrary, illegal, without authority, colorilble exerclse of power, abuse of pr() less of law' abuse of power entrusted bV lr'rw' abuse of official capacity and position and besides in violation of Article 1z'' 1::1 and 300-A of Constitution of lndirr and consequentially declare the proceeclings Lr' No' E1l44g5t2o24 dated ;l 1-01-2Q25 issued by the Respondent No'3 in favour of Respondent No.2 clairring that the land in survey No 5/3 of Raicjurg Panmaktha villageasaPoramboke-tt"uOou"..nmentasvoip'illegalandther'abydirectthe Respondents No 4 and 5 to receive and register the memorandum of Deposit of Title Deeds presented 'ry the Petitioner pertaining to the property Flat No' 204' on il froor, (D. No. 5-Bii/51 and s2lQQ4\ of ehhatwar Homes admeasuring 1882 square feet situated in survey N9 513 of Raidqrg Panm aKtha village' $erilingampally Maqrdal' Ranga Reddy Distlict' in the interest of justice' IA NO:1 oF2 25 Petition under S'eQt ion 151 CPC praying that in the r;ircumsti'rnces stated in the affidavit filed in support of the petition' the High Court maY be Pleased to direct the Responderts No 4 and 6 to rece iye and register the memorandum of Deposit of Ti!19 Deetls pfesented by the Petitioner perl-air ing to tlre property Flat No. 204, sn lt flc,or, (D No 5.85/51 and 52t2}q of (lhhatwal Homes admeasuring 1 B82 so uare feet situated in Survey No 5l3 of Raidi;rg Panmaktha village, Serilingampa lY Mandal, Ran ga ReddY District, pending Jisposal of the above Writ Petition Counsel for the Petitioner : SBI DIDA VIJAYA KUMAR Counsel for the Res;pondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER f i I I I l THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITI ONNo.12099 of 20.25 OR.DER: Heard learned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration appearing for the respondents. with their consent, tl-ris writ petition is disposed of at the stage of admission.

2. Aggrieved by the action of the respondent No.5 herein in not receiving and registering the memorandum of Deposit of Title Deeds presented by the petitioner on 10.03.2025 pertaining to the property Flat No.204, on II Floor, (D'No.5-85/51 and s2/2o4) of chhatwal Homes admeasuring to an extent of 1gg2 square feet situated in Sy.No.5/3 of Raidurg panmaktha Village, Serilingampally Mandal, Ranga Reddy District basing on the proceedings Lr.No.E1l4495/2O24, dated ZI.O1.2O2S issued by the respondent No.3 in favour of respondent No.2, where under Sy'No.5/3 of Raidurg panmaktrra village recorded as a Poramboke- State Government, the petitioner filed the presenr writ petition l o SK, J W.P.NI.7.ZOt)g of 2025

3. Leat'necl Assistant Government Pletrder fc;r Stamps and Registration submits that without prese:nting the document, the petitioner has approached this Court seeking registration of the document' If the petitioner presents thr: same before the Registering auttrority' the respondents will receive the same and foll ou'' tJre procedure as contemplztted under Section 71 of the Reglstration Act' 1908 (for: shcrt, the Act, 1908')' 4 The Section 71 of the Act, 19O8, reads as lbllows: Reasrons for refusal to register to be recrlrdcd - (1) Iivery Sub-Registrar refusing tl rcgtsr-er a docrt rrent, except on the ground that the prop( rty to u,hic:lt it relates is not situated within his sub- dist -ict shall make an order of refusal ancl re < orded his reasons for such order in his Bc'ok No i" and endrrse the words "registration refusccl" on the cloc'rment; and, on application made llv an\' l)erson execr-tting or claiming under the doc ument' shall' rvith,rut payment and unnecessary delay, give him a copv ol the reasons so recorded' (2) \o registering officer sha1l accept Ibr regisr-ration a di)lument so endorsed unless and until, unrler the provisions hereinafter contained, the doc'rn:ent is clirt:r:tecl to be registered. 4 The District Registraf' Ranga Reddy District 5. The Joint Suq'Reglqlrar' Ranga ReddY Dlstrict (R'O ) 6 qne cG to QRI DIDAVUAYA KVMAR' Advocatl--11""' ; il";i*:",s4:gtsryts ntro nEcr srRA,oN' H ish court ror the \ .I B. Two CD CoPigs BOK BS -i-.,: 3 srr, J W.P. No. 1 2 09 l, 9. f, Q 02 5

5. In vieu, ()l the above made submissions coupled with the provisir)n under Section 71 of the Act, 1908, this writ petition is disrosed of directing the Registering Au:hority to receive, regist:r and release the subject do,lument, subject to the petitior),rr complying with the provisions ol the Act, 1908 as u/ell irr the Indian Stamp Act, 189!,. It u'i1l be open to the Registering Authority to refuse the cl.ocument presented beltrrc him, if he has any obj:ction, by duly assigning reirsons in support of such decis'ion ald communicate the said decision to the petiticner. It. is rnade clear that this Court has not expressed any r>[rinion on merits of the rase as to the entitlement of ,,he petitioner to get the subject document registered. Thr:re s,hr.Lll be no order as to cos,s.

6. Miscellan,:ous Petitions, if any, pend ng in this writ petition shall r;Land closed. //TRUE COPY// SD/-N. RAJAGOPAL DEPIJTY REGISTRAR sEcrrof%jrrrcen To, The Principal S,ecretarY',Sta;3BS and Registration Dep'artment' Secretariat' State of Telan(tana, Hydera The Commis$i,)'rer and lnspectQr Generql' Stamps ard Registration Department, HYCerabad The District Cc llector, Ranga Reddy Qistrict 1 2 3 \ I I I HIGH COURT i DATED:2410412025 ( -) (. ot- T€( 4 .s i, a ."\1'.}.4 $' 'r 5 i'r1 ). \.. ,'-, j.. ,-:. / .i, .. o ORDER WP.No.12099 of 2025 DISPOSINGI OF THE WRIT PETITION WITHOUT COSTS a{