High Court · 2025

THE HONOURABLE SRI JUSTICE K. S,AR.ATH WRIT PETITION N O:13612 OF 202s Between: Mohd. Khaja fashq, S/o [\/ohd. Mastan, Aged about 46 years, Occ Business, R/o H.No 1B-13-8/NiA81, Noori Nagar] Chandrayangutta, Sanafagldi Keshogir, Hyderabad. ...PETITIONER AND 1 The State of Telangana, Rep by_ its principal Secretary, Stamps and Registration Department, Secretariaf Building, Sdcretariat, nyOeraOid.'- - - Director, Stamps and Registration Department,

2. The Commissioner and Telangana, Hyderabad.

3. The District Collector, Ranga Reddy, Ranga Reddy District. 4. The District Registrar, Ranga Reddy, Ranga Reddy District. 5. The Sub-Registrar, S_lgTpq and Registration Department, Saroornagar Mandal, Ranga Reddy District. ...RESPONDENTS Petition 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.5 in non-entertaining the Registration on the plot of the petitioner to an extent of 200 Sq. Yards in PIot No. 122, in Survey Nos.14, 15 and 16, which is situated at Ward No.3, Block No.7, Janapriya Enclave, Thummabowli Village, Saroornagar Revenue Mandal, Ranga Reddy District under the Greater Hyderabad Municipal corporation within the limits of L.B.Nagar circle and non-initiating to do the registration process on the plot of the petitioner is illegal, arbitrary, unconstitutional and violation of Articles 14, 1b,21 and 300-A of constitution of lndia and also violation of Principles of Natural Justice ar,d consequenfly direct the Respondent No.5 to entertain the registration on the F lot of the Petitioner to an extent of 200 Sq. Yards, in Plot No. 122, in Survey No:;.1.1, 15 and 16, which is situated at Ward No.3, Block No.7, Janapriya Enclave, Thummabowli Village, Saroornagar Revenue lvlandal, Ranga Reddy District. 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 Cc,urt may be pleased to direct the Respondent No.5 to entertain the registratic n on the plot of the Petitioner to an extent of 200 Sq. Yards, in Plot No. 122 in Survey Nos.14, .l and 16, which is situated at Ward No.3, Block No. ,, Janapriya Enclave, Thummabowli Village, Saroornagar Revenue [\rlandal, Ranga Reddy District pending disposal of the Writ Petition. 5 Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondents: AGP FOR STAMpS AND REGISTRATION The Court made the following: ORDER rt' THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.13612 of 2025 ORDER: Heard learned counsel for the petitioner 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.S in not entertaining the Registration for the plot of the petitioner to an extent of 200 Sq.yards in Plot No.122, in Survey Nos. 14, 15 and 16, which is situated at Ward No.3, Block No.7, Janapriya Enclave, Thummabowli Village, Saroornagar Revenue Mandal, Ranga Reddy District, under the Greater Hyderabad Municipal Corporation within the Iimits of L.B.nagar Circle and non-initiating to do the registration process for the plot ol the petitioner, the petitioner Iiled the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the 2 sr{ -r wP 13612 2025 'j document, the petitioner has approa,:hed this Court seeking registration of the document. l1' the petitioner present the same before the Registering authority, the respondents will receive the same and follorv the procedure as contemplated under Sectior-r 71 of thr, Registration Act, 1908 (for short, 'the Act, l90B')

4. The Section 71of the Act, 19O8, rearts as follows: Reasons for relusal to rcgister to be rccorrlecl.- (1) Every Sub-Registrar relusing lo register a clocumcnt, except on the ground thal t I'rr,, pr()perty to which it relates is not situated rvir hir-r his sub- district shall makc an order of refusal and recorded his reasons for such order in his Book No.2, and cnclorse thc 'u,ords "registration ref rs,:d" on the document; zrnd, on application made rl any person cxecuting or claiming under the dor.urner-rt, shall, u,ithout payment and unnecessary <leJav, grve him a copy clf the reasons so rccorded. (2) No registering officer shall ac<;ept lil. registration a document so endorsed unless and unt.il, under the provisions hereinafte r contained, thr C.ocument is directcd to be regisLercd.

5. In view of the above made submis,;ions coupled with the provision under Section 71 of the Act, 1908, this writ I I '-4' ;7 $: . ..::: 3 SK, J wP t3612-2025 petition is 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 asslgnrng reasons ln support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. K.BHAVANI SWAMY ASSISTANTFEGISTRAR SECTION OFFICER To, 1 The Principal Secretary, Stamps and Registration Btlld;d EE;*ir"ri'niderauao' State or relansana Department, Secretariat Director, Stamps and Registration Department,

2. The Commissioner and Telangana, HYderabad'

3.TheDistrictCollectcr',RangaReddy'RangaReddyDistrict'

4.TheDistrictRegistrar,RangaReddy'RangaReddyDistrict 5 Cl o7 The Sub-Registrar, StamPS lriandal, Ranga ReddY District One CC to SRI RAPOLU BHASKAR' Advocate [OPUC] IUi"""Pi"B ;:"5:f-;JlS; S,or,

8. Two CD CoPies and Registration Department' Saroornagar *to' tt*- ro N' High court ro r t HIGH COURT DATED:1910612025 I t - , i,r tr- S T.q I a-( !,) 10 SEP .'025 -../ ORDER WP.No.13612 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \t