✦ High Court of India · 02 May 2025

High Court · 2025

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Bench
Not available
Length
1,091 words

The State of Telanoana Represented by its principal Secretary, Department iiT?,f,l[:{xs"i:]5m"il:xrs'J;,:ts""d,J?$ill[:lzl#*"td65i'] Hyderabad 600017. The District Registrar of Stamps and Assurances,, Karimnagaf. The sub-Resisira r, GANGADiTAiA. K;;;;Igii'birili.r The District Collector,. Kqrimnagar. v The Revenue Divisional Officerl Karimnaoar. I ne Iahasildar, KOTHAPALLy, Karimnag-ar District, Petition under Articte 226 ot the Constitution of tndia 0r"fi,ffil:i",,iT;: circum$tances stqte! in the affidavit fired therewith, the High court may be please( to issue writ order or (irectio4 more particgrarly one in the nature of writ of Mandamus decraring praceedings of the 7th Respondent No. Bt1bl2r2o1B dated 2610712018 and consequentiar action of the Respondent No.4 in not rleceiving and issuing challans for registration of the sale deed document of the writ petitioners herein over their jointry succeeded prot admeasuring 204.20 square yards situated in Sy.No.162 at Rekurthy Viltage, under the guise of proceedings No.B/.lSB2I2O1B dated 26107/2018 of the Respondent No.7, as iregar, arbitrary and contrary to contrary to section 17 read with 22_A and section 71 of lndian Regigtration Act and consequently direct the Respondents to receive and admit the sale deed document of the writ petitioners herein for registration over the Plot admeasuring 204.20 square yards situated in Sy.No 162 at Rekurthy Village and, Gram Panchayat, Mandal and Zila Parishad and Municipal Corporatiqn and District Karimnagar by setting aside the proceedings of the 7th Respondent No.81158212018 dated 26-:07-2018. in the interest of justice lA NO: { OF 2025 Petition under Section 151 CPC praying that in the circumstances Ptated in the affidavit filed in support of the petition, the High Court may be pleased fo direcl the 4thRespQndent herein to repeive and admit the sale deed document of the wri! petitioners hgrein fgr registration over the Plot admeasuring 204.20 square yardg situated in Sy.No.162 at Rekurthy Village and Grap Pqnchayat, Mandal andZill? Parishad and Munlcipal Corporatio4 and District Karimnagar as per section 7.1 of the lndian Registration Aot, by puspending thq prqpeedings of the 7th Respondent No. B/1582/2Q18 dated 26-07-2018. pending disposal of the above main wri[ petition in the interest of justice Counsel for the Pelitioners: SRI BABULU L Counsel for: Bespondentg: GP FOR STAMPS AND REQISTRATION The Court ry16f,e thp follgvying; ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12789 of 2025 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 admissron.

2. Aggrieved by the action of the respondent No.4 in not receiving and issuing challans for registration of the sale deed document of the petitioners over their jointly succeeded plot admeasuring 2O4.20 sq. yards in Sy.No.162 situated at Rekurthy Village under the guise of proceedings No.B/ 1582l2Ol8 dated 26.07.2O18 of the respondent No.7, the petitioners filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioners have approached this Court seeking registration of the document. If the petitioners I present the sarne belore the Registering authority, the 2 SK, J WP No. 12789 of 2025 -.Er respondents will receive the same and follow duc procedure as contemplated under Section 71 of the Registration Act, \ 1908 (for short, 'the Act, 1908).

4. The Section 71 of the Act, 190g, reads as follows Reasons lor refusal to register to be recorded.__ (1) Every 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 person 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 for 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, 19Og, this writ petition is disposed of directing the Registering Ar,rthority to receive, register and release the subject documenl., subject 3 SK, J WP No. 12789 of 2025 to the petitioners 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 petitioners. 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 get the subject document registered' There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition sha-ll stand closed. //TRUE COPY// ,,???v??8,!'Jfil',h l' '' /, SECTION OFFICER and stamps), Hvderabad. 5000'17 To. '-'1 . Th" principal secretary, Department of Revenue _(R-e_gistration ' $;;i;ili, btate of T6lansbna Hvderabad -PlN 50002'l 2 il;'dmii issioirei ano tns"pector'General of Registration and stamps" 3 i#"D;i;;i n"gi.iri, of stamps and Assurances" Karimnagar' ;. iii; 5rn-n"sii[r"t, caNOnoHRnA, Karimnagar District' 5 The District eollector', Karimnagar' 6. The Revenub Divisional 9fficer, '.Kartmnagar' i. I.r" rJrii"irori korHnpALLY, Kanmnagar District' 8. One CC to Sri Babulu L Advocate IOPUUI 9 Two ccs to Gp For's;nil, d,]-iegistraton ,High court for the state of 10.Two CD CoPies I\48C.o'w Telangana [OUT] IHIGH COURT DATED: 0210512025 (4 ,s 9 r:r o o -) \' s. \- 't ll c tt\ C ORDER WP.No.12789 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ W

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