High Court · 2025
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2 IVARRIPELLI NAVYA TEJA, S/o LATE SRINIVAS aged about 26 years, Occ Business, H.No. 3-7-844113, Bank Colony, Karimnagar District
3. MARRIPELLI SRIJA, D/o LATE SRINIVAS aged about 22 years, Occ Student H.No. 3-7-844113, Bank Colony, Karimnagar District AND 1 The State of Telangana, Represented by its Principal Secretary, Department of Revenue (Registration and Stamps), Secretariat.Hyderabad.-PlN 500021. ...PETITIONERS 2 3 4 5 6 7 The Commissioner and lnspector General of Registration and Stamps, Hyderabad 500017, The District Registrar of Stamps and Assurances, Karimnagar. The Sub-Registrar, GANGADHARA, Karimnagar District. The District Collector, Karimnagar, The Revenue Divisional Officer, Karimnagar The Tahasildar, KOTHAPALLY, Karimnagar District. ...RESPONDENTS Petition under Article 226 ol the Constitution of lndia 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 It/landamus declaring proceedings of the 7th Respondent No.P1158212018 dated 26-07-2018 and consequential action of the Respondent No.4 in not receiving and rssuing challans for registration of the sale deed document of the writ petitioners herein over their jointly succeeded Plot No. 60 admeasurin g 275.O0 square yards situated in Sy.No,.65 at Rekurthy Village, under the guise of proceedings No.Bl158212018 dated 26-07 -2018 of the Respondent No.7, as illegal, arbitrary and contrary to contrary to section 17 read with 22-A and section 71 of lnd ian Registration Act and consequently direct the Respondents to receive and admit the sale deed document of the writ petitioners herein for registration over the Plot No. 60 admeasuring 275.00 square yards situated in Sy.No..65at Rekurthy Village and Gram Panchayat, Mandal and Zilla Parishad and Municipal Corporation and District Karimnagar by settrng aside the proceedings of the TthRespondent No.B/1582/2018 dated 26-07-2018 in the interest of justice lA NO: 1 OF 2025 Petition under Sectron 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 4thRespondent herein to receive and admit the sale deed docuJnent of the writ petitioners herein for registration over the Plot No. 60 admeasuring 275.00 squarq yards situated in Sy.No. 65 at Rekurthy Village and Gram Panchayat, Mandal and Zilla Parishad and l/lunicipal Corporation and District Karimnagar as per section 71 of the lndian Registration Act, by suspending the proceedin!s of !he 7th Respondent No B/1582/2018 dated 26-07-2018, pending disposal of the above main writ petition; ih the Interest of justice Counsel for the Petitioner: SRl. BABULU L Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No. 13325 of 2O2S ORDER: Heard learned counsel for the petitioners and learned Assrstant 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 ol the respondent No.7 in issuing proceedings No.B/ 1582/2018 dated 26.O7.20La under the guise of the same, consequential action of the Respondent No.4 in not receiving and issuing cha,llans lor registration of the sale deed document of the writ petitioners herein lor the Plot No.6O admeasuring to an extent of 275.OO Square Yards in Sy.No.65 situated at Rekurthy Viilage, Karimnagar Maldal and District, the petitioners filed the present Writ Petition.
3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the ! l 'wP s1(,.J 13:125 2025 document, the petitioners have approached this Court seeking registration of the document. If the petitioners present the same before the Registering authority, the respondents wili receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908').
4. The Section 71 of the Act, 1908, reacls as follows: Reasons for refusal to register to be recordcd.- (1) trvery Sub-Rcgistrar refusing to register a document, except on the ground that the property to r.r,hich it relates is not situated q,ithin his sub- district shall make an order ol relusal 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, rvithout 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. I / I I 3 SI(. J wP 13325 2025 In view of the above made submissions coupled
5. with the provision under Section 71 of the Act, 1908, this u.rit petition 1S disposed of directing the Registering Authority to receive, register and 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 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 decislon 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.
6. Miscellaleous Petitions, if any, pending in this writ etition shali stand closed. No order as to costs. //TRUE COPY/I SD/-P. PADMANABHA REDDY DEPUTY REGISTRAR , SECTION OFFICER \ oT '1 . The Principal Secretary, Department of Revenue ( Secretariat. Hyderabad.-PlN 500021 . gistration and Stamps),
2. The Commissioner and lnspector General of Registration and Stamps, Hyderabad 500017,
3. . The District Registrar of Stamps and Assurances, Karimnagar. 4. The Sub-Registrar, GANGADHARA, Karimnagar District. 5. The District Collector, Karimnagar. t i ! I
6. The Revenue Divisional Officer, Karimnagar 7. The Tahasildar, KOTHAPALLY, Karimnagar District. B One CC to SRI BABULU L Advocate [OPUC] 9. Two CCs to GP FOR STAIIPS AND REGISTRATION ,High Court for the State of Telangana. [OUT]
10.Two CD Copies KKS BS HIGH COUR'T DATED:2910412025 t ) ORDER WP.No.13325 of 2025 f " .s- n lar 02 iqY 2025 2 o A \ .: ,.. _:r .__ () DISPOSING THE WRIT PETITION WITHOUT COSTS M