✦ High Court of India · 07 May 2025

The High Court · 2025

Case Details High Court of India · 07 May 2025
Court
High Court of India
Decided
07 May 2025
Bench
Not available
Length
1,028 words

Acts & Sections

Counsel for the Petitioners: SRI M.MEHDI HUSSAIN Counsel for the Respondents: AGp FOR STAMpS AND Rl:GIST RATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12881 of2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Government pleader for Stamps and Registration appcaring lor the respondents. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggricvcd by the action of the rcspondent No.3 herein in nol receiving, registering, and releasing the Development Agreement-cum-General power of Attorney in respect of srrbjcct land i.c. land admeasuring to an extent of 3550 Sq.Yards or 2968.25 Sq.Meters in Old Survey No.T4lpart (New No.74/9 andlO), situated at Marredpally paigah Tchsil. Wcst Marrcdpally, (now East Marredpally), Secunderabad, the petitioners filed the present writ petition.

3. Learncd Assistant Government pleader for Stamps and Registration submits that without presenting the document, the petitioners have approached this Court t; SK, J wP 12 881 2025 seeking re flistration ol the documcnt. I 11-r,: pr:titioncrs present ttLr: same before the Registering arLthority, the responden:,s will receive the same and follt,,v tlre procedure as contem.lated under Section 71 of thc lRcgistral.ion Act. l9O8 (lor slrort, 'the Act, 1908').

4. The Se:ction 71 of the Act, 1908, readr; as f tllows: Reu r,sons for refusal to register to be reco -ded .- (1) Evcry Sub Registrar rcfusing to rcsistcr a do< rrmcnt, except on thc ground tharl tl-r _, [)roJ erty to qrh r:h it rclatcs is not situatcd ,,vith n hi; sLrb dis .r'icl shall makc an order of refusal e nd re corded his reasons for such order in his Boo< No.2, and enc orse the words "registration relus ed,, on the doclLment; and, on application madc br :llt\r person exc:uling or claimrr-rg undcr thc docu lcr.t L, shall, u'itl-rout payment and unnecessary delal , give htm a copy ol the reasons so recorcled. (2) \'o registering officer shall accept lirr regis ralion a d,)rumcnt so cndorscd unless and unt 1. uLnrlcr thc pro,,isions hereinafter contained, the c ocur ent rs dire crted to be registered.

5. In vie-,1, of the above made submissicns c)uplcd with the provisi<)n under Section TI of the Act. 19C8. this writ l, SK, J wP 12881 2025 petition is disposed of directing the Registering Authority to rcccive, register ard release the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to thc Rcgistering Authority to refuse the document presented before him, if he has any objection, bY dulY asslgnlng reasons ln support of such decision and communr'cate th<: said decision to the pe titioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to gct thc subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ pctition shall star-r d closed //TRUE COPY// SD/.MOHD. ISMAIL DEPUW REGISTRAR SECTIO IW, FICER Secretariai. Hvderabad, T.G, State of Telangana. l,ThePrincioalsecretaryRevenue(StampsandRegistrationDepartment) 2. i;;'C;;;iiio*iinO'tn.pbctor Generat Oi Stamps and Registration, Ivl. J. Market Hyderabad Telangana State. if* Srn hlqittrar, Maredpally, Maredpally Mandal, S-e-cunderabad, T'G one cc to sRl M.MEHDI HUSSAIN, Advocate [OPUUj i'ii. ccrL-ci Fcin srnups AND REGlsrRATloN, High court for the State ofTelangana, at Hyderabad. [OUTI Two CD Copies J 4 E To 6 PSK. GJP HIGH COUR DATED:2910412025 e- bF r;r s' .*+$' ,+ 1t 'd ORDER WP.No.12881 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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