✦ High Court of India · 29 Apr 2025

VenkannagariMuthyam Reddy, S/o v. Ranga Reddy, A-ged about

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Bench
Not available
Length
1,084 words

1. Rubina Faizuddin, Wo' Housewife, Rl/o. H. No Telangana-50007. Smt. Yellu Deepika,, W/o. Y Housewife, Fi'/o. Villa. No- Medchal-Malkajgiri District. 2 Syed Faizuddin, 2-2-1812, D.D. Aged Colony, about 69 Am berpet, years, occ. Hyderabad, Varaprasad Reddy, Aged about 37 years, Occ. 66, Domus Villas, Thumkunta, Shameerpet,

3. VenkannagariMuthyam Reddy, S/o. V. Ranga Reddy, A-ged about !?.yea.rs.' " o;;.'B;;;ess, Rio. H. No. +-zg, Thurkapally Village, Shameerpet Mandal, Medchal-Malkjgiri District. ...PETITIONERS AND 1 The State of Telangana, Rep by its Principal Secretary, Stamps and negiitiition Deparlment, Tdlariagana-Secretariat, Hyderabad' The State of Telangana, Rep by its Principal Secretary, Revenue Department, Telanagana-Secretariat, Hyderabad The District Collector, MedchalMalkajgiri District, Telanagana' 2

4. The Mandal Revenue officer cum Joint sub-Registrar, Shamirpet Mandal, MedchalMalkajgiri District. ...RESPONDENTS Petitior under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ of Mandamus or any other appropriate writ, declaring the action of the Respondent no. 4 in refusing to register and issue sale deeds with respect to agricultural land admeasuring to an extent of Ac. 2.21Gts. ln sy.No. 6.t 7 situated at Thurkapally Village, Shamirpet Mandal, Medchal-Malkajgiri District, belonging to the Petitioner no. 1in favor of Petitioner nos. 2 and 3 inspite of receiving the payment of stamp duty and registration charges from Petitioner nos 2 and 3'as being i'egar, arbitrary and viorative to Articre 14, 19,21and 300- A of constitution of rndia and consequentiary seeking to enabre the petitioner no. I to execute sare deeds in favor of petitioner nos. 2 and 3 by directing the Respondent no. 4 to register and rerease sare deeds with respect to agricurturar Iand admeasuring to an extent of Ac. 2.21 Gts. .ln Sy.No. 6.1 7 situated at Thurkapally Village, Shamirpet Mandal, Medchal_Malkajgiri District. IA NOJ 2 oF 202s Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct respondent No.3 to consider representation Dr. 1g-04-202s, made by Petitioner no. 1. IA NO: 10F 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct respondent No. 4 to forthwith permit the petitioner to execute necessary sale deeds in favor of petitioner nos. 2 and 3 with respect to agricurturar and admeasuring to an extent ofAc. 2.21 Gts. rn Sy.No. 617 situated at rhurkapary Village, shamirpet Mandar, Medchar-Markajgiri District in compriance with section 5(1) of the Terangana Rights in Lands and pattadar pass Books Act, 2020 pursuant to apprications made by the petitioner nos. 2 and 3 vide l.Apprication No. 250023938g and 2. Apptication No. 2500239521. Counsel for the petitioner : SRt NARAPARAJU AVANEESH COUNSE] fOr thE RESPONdENTS: ASST.GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12988 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 admission itserf.

2. Aggricvcd by thc acrion ol thc respondent No.4 in refusing to register and issue sale deeds with respect to agricultural land admeasuring to an extent of Ac. 2.2r gunLas in Sy.No.6l7 situatcd at Thurkapally Village, Shamirpet Mandal, Medchal_Malkajgiri District, 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 present the same before the Registering authority, the respondents will receive the samc and lollow the procedure * .> sK ./ wP 12988 20 2:; as contemplated under Section 71 of thc Registration .r\ct. 1908 (for short, ,the Act, 19Og). I 4 The Section 71 of the Act, 190g, reads as follows: Reasons for refusal to register to be recorded._ (1) Every Sub-Registrar refusing to register a document, except on the ground that the propertv to which it relates is not situated u,ithin his sutr district shall make an order of refusal and rer:orciecl his reasons for such order in his Book No.2, and endorse the words ,,registration refused,, on lhe document; and, on application made by anv person executing or claiming undcr thc docunlcltL. sh:LIl, without payment and unnecessary delay, give him a copy of the reasons so recorded (2) No registering officer shall acccpt for rcgistration a documenL so endorsecl unlcss ancl urrtii, unclcr Ll.rc provisions hereinafter contained, the document is directed to be registered.

5. In view of the above made submissions couplcd \&,ith the provision under Section 71 of the Act, 190g, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subjcct to the petitioners complying with the provisions of the Act. _.=---' 3 SK, J wP 12988 2025 1908 as well as the Indian Stamp Act, 1899. It will be open to rhr: I?egistcring Authority Lo rcfuse the document presented before him, if he has any objection, by duly assigning reasons in support ol such decision ald c'onr mu nicaLe thc saLid dccision to thc 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 gct the subject documcnt rcgistcred. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stald closed //TRUE COPY// SD/-MOHD.lsMAlL / DEPUW BEGISTRAR / SECT46N OFFICER To, 1 . The Principal Secretary, Stamps and Registration Department' Telanagana- Secretariai,state of Telangana, Hy0eraoao ' State ofT6langana, HYderabad'

2. The Principal Secretary, Revenue Department' Telanagana-Secretariat' - 3. The District Collector, MedchalMalkajgiri District' Telanagana' 4. The Mandal Revenue officer cum Joint sub-Registrar, Shamirpet Mandal' MedchalMalkajgiri District'

5. One CC to SRI NARAPARAJU AVANEESH' Advocate lOPUCl 6 Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the State of Telangana. [OUT]

7. Two CD CoPies. BSK GJP I HIGH COURT DATED:2910412025 ORDER WP.No.12988 of 2025 i + ,'..i /,.,/,,' r- f f ,, C) 4 .9 .\ \' \\ DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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