High Court · 2025
Case Details
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of lvlandamus declaring proceedings of the 7th Respondent No. Bl15B2l201B dated 26-07 -2018 and consequential action of the Respondent No.4 in not receiving and issuing challans for registration of the sale deed document of the writ petitioners herein over their jointly succeeded Plot admeasuring 158.88 square yards situated in Sy.No. B0 at Rekurthy Village, under the guise of proceedings No.B/1582/201B dated 26-07-2018 of the Respondent No 7, as illegal, arbitrary and contrary to contrary to section 17 rcad with 22-A and section 7'1 of lndian Registration Act and consequently drrect the Respondents to receive and admit the sale deed document of the writ p-etitioners herein for registration over the Plots No. 50 admgasuring 73 63 squale yards situated in Sy. No '1 39 at Rekurthy Village and Gram Panchayat. Mandal and Zilla Parishad and Municipal Corporation and District Karimnagar by setting aside the proceedings of the TthRespondent No.B/1582/2018 dated 26-07 -2018 in the interest ofjustice 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 4th respondent herein to receive and admit the sale deed docu;nent of the writ petitioners herein for registration ovet' the Plot admeasuring 158.88 square yards situated in Sy.No. B0 at Rekurthy Village and Gram Panchayat, Mandal and Zilla Parishad and Municipal Corporation and Diqtrict Kar:imnagar as ptir sectign 71 of the lndian Registration Act, by suspending lhq proceedings of the 7th Respondent No. P,1158212018 daled 26-07-2018; pending disposal of the above main writ petition. rn the interest of justice Counsel for the Petitioner: SRl. BABULU L Counsel for the Respondentsl AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER l THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITIO N No.12915 of2025 ORDER: Heard learned counsel for the petitioners 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 the respondent No'7 in issuing proceedings No.B/ 1582/2018 dated 26'O7 '2018 under the guise of the sarne, consequential action of the Respondent No.4 in not receiving and issuing challans for rcgistration of the sale deed document of the writ petitioners herein for the Plot admeasuring to an extent of 158'88 Square Yards in Sy.No.SO situated at Rekurthy Village' Karimnagar Manda-t and District, the petitioners hled the present Writ Petition.
3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the , \ I I I 2 *r-,rsrrl,1il document, the petitioners have approached this Court seeking registration of the document. If the petitioners present the same before the Registerlng 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, 1908).
4. Tht: Section 71 of the Act, 1908, reads as follows: Rc:rsons for refusal to register to be recorded.- (1) Iivery Sub-Registrar refusing to register a document, except on the ground that the property to rvhich it relates is not situated within his sub- district shall make an order of refusal and recorded his rcasons for such order in his Book No.2, and endorse the words 'registration refused" on thc docr:rnent; and, on application made by any person exccuting or claiming under the document, shall, without payment and unnecessary delay, give him a copv of the reasons so recorded. (2) No registering ofhcer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. I I I I I 7 3 SI(, J wP_12915 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 relea-se the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act' i899. 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 petitioners' It is made clear that this Court has not expressed any opinion on meritsofthecaseastotheentitlementofthepetitionersto get the subject document registered'
6. Miscellaneous Petitions, if any, pending in this writ petition shail stand closed. No order as to costs I I I \ To, //TRUE COPY// SD/-P. PADMANABHA REDDY PUTY REGISTRAR SECTION OFFIC ER 1 The Princioal Secretary' Department of Revenue (Registration and Stamps)' ' 2. The Commissioner and lnspector General of Registration and Stamps' Selretariai Hyderabad'.-PlN 500021' Hyderabad. 500017,
3. The District Registrar of Stamps and Assurances' Karimnagar' 4. The Sub-Registrar, GANGADHARA' Karimnagar District' 5. The District Collector, Karimnagar, // I \
6. The Revenue Divisional Officer, Karimnagar, 7. The Tahasildar, KOTHAPALLY, Karimnagar Diskict 8. One CC to SRI BABULU L Advocate [OFUC] 9. Two CCs to GP FOR STAMPS AND REGISTRAfION ,High Court for the State of Telangana [OUT] 10 Two CD Copies KKS BS W HIGH COURT DATED:291A412025 \ I ORDER WP.No.12915 of 2025 n i,.{ tr€' ]\ { 9 f t . ,.-'.) ,i, l \ DISPOSING THE WRIT PETITION WITHOUT COSTS @ 4*.- frf,,r