✦ High Court of India · 02 May 2025

V. Surender Reddy, S/o v. Raghava Reddy, Age

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Bench
Not available
Length
1,137 words

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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent authorities in blocking the petitioner s land i.e., the land admeasuring Ac. 2.00 gts in Sy. No.72643/1, Ac.2.06 gts in Sy. No.726A312 and Ac.0.11 gts in Sy. No. 751* situated at Masaipet Village, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, in dharani portal and preventing the petitioner from alienating his said extents of the land keeping the said land in the column of transaction status there is a court stay/inju nction/court order on Survey No.iSub- Division No. even though there is no such order from any Honourable Court nor any suit is pending against the petitioner in regarding with his above stated agricultural lands, is nothing but arbitrary, illegal, null and void and violative of -==w// principles of natura ustice and also violative of Articles '1 4, 19 and 21'of the Constitution of lnr ia. Consequently direct the respondert authorities to unblock/delete in tre column of transaction status "tl-er,r is a court stay/injunctio n/co u rt c,rder on Survey No./Sub-Division No." in -eg arding with the petitioner's agricultr ral land i.e., land admeasuring Ac. 2.0) tlts in Sy. No. 7264311, Ac.2.06 ;ts in Sy. No.72643/2 and Ac.0.11 gts in Sy. No.751a situated at Masaipel '"/illage, Yadagirigutta Mandal, Yadadri Ell-uvanagiri District, thereby permit h m kr book the slot, receive the sale deed zrnc process it for registration. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circrn stances stated in the affidavit filerd n support of the petition, the High Court nral be pleased to direct the responder t authorities to unblocUdelete in the co u nr of transaction status "there is zr c I rrt stay/inju nction/cou rt order on Surve,y N r./Sub-Division No." in regarding wit-r the petitioner's agriculturat land i.e., land ar,measuring Ac. 2.00 gts in Sy. No 1'26A311, Ac.2.06 gts in Sy. No.726A3t2 ard Ac. 0.11 gts in Sy. No.751* situa e d at [Vlasaipet Village, Yadagirigutta lu4:'ndal, yadadri Bhuvanagiri District, thereby permit him to book the slot, rece ve the sale deed and process it for re.r istration in regarding with his said iands. Gounsel for the Peti+ioner: SRI K. VENUMADHAV Counsel for the Resrrondents: AGP FOR STAMPS AND REGIS I-R,ATION The Court made the following: ORDER I i THE HONOURABLE SRI JUSTICE K.SARATH WRI T PETITION No.L442O of 2o25 ORDER: Heard learned. counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, the writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the respondent authorities in blocking the petitioner's land i.e. the land admeasuring to an extent of Ac.2-0O guntas in Sy.No.726A3 ll, Ac.2-O6 guntas in Sy.No.726A3 12 and Ac.O-l1 guntas in Sy.No.751U situated at Masaipet Village, Yadagirigutta Mandal, Yadadri Bhuvanagiri District in dharali portal, the petitioner filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents the same before the Registering authority, the 2 54 J. l P 14420 202s respond{rnr s, will receive the same and follow the procedr-rre as conteml),ated under Section 71 of the Reqil;tration Act, 1908 (for s rort, the Act, 19O8,).

4. The S::tron7l of the Act, 190g, reads zrs f<rllorvs: Ilez sor-rs for refusal to register to be re<.ord:rt.-- (1) 9very Sub-Registrar refusing to rcqister a rioc rment, except on the ground that the prrp rrty to rvl.ri : I it relates is not situated within tis sub_ cilsl - ct shall make an order of refusal an<l re r,orded his reasons for such order in his Book N:,.1 , and e nd r -se the words "registration refusec ,, o -r the c oc r -nent; and, on application made b1. :tn I I erson exer rrting or claiming under the documcr I , sha1l, v-1t} cut payment and unnecessary delay, gi.,e him a c,rp, cI the reasons so recorded. (!?) I lrr registering officer shall accept for re,g st .a.tion a dc:ument so endorsed unless and until, u rd:r the pror il;ions hereinafter contained, [he documr nt rs Cirelted to be registered.

5. In viev. of the above made submissronsi ccupled with the provisio'r under Section 71 of the Act, 1901i, this writ petition is d r;posed of directing the RegisterirLg Authority to receive, l:egiiter and release the subject docuLrlert, subject to the petiti)ner complying with the provisions lf the Act, 3 SK, J wP 14420_2025 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document if he has any objection, by duly presented before him, assrgnmg reasons in 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. SD/. A. SREENIVASA REDDY ASSISTANT REgISTRAR //TRUE COPY// ( SECNONBFFICER \ To,

1. The Principal secretary to the Stamps and Registration Department, state of Telangana, Secretaria[ Buildings, Hyderabad.

2. The chief commissioner Land Administration, Telangana state, at Nampally' Hyderabad.

3. The Joint sub Registrar cum Tahsildar, Yadagirigutta Mandal, Yadagirigutta Proper and Manda-i, Yadadri Bhuvanagiri District. 4. One CC to SRI K. VENUMADHAV, Advocate [OPUC] 5.TwoCCstoGPforStampsandRegistration,HighCourtfortheStateof Telangana at Hyderabad. [OUTI

6. Two CD CoPies MP GJP I I i I I i I I I i HiGiH COURT DATED:0210512025 / ,,r,. ,/,' ::' - (i) (,/ :.:- -- t\ ,, .i =$ $t \ ? : :l ,:, / :, - ,,.i i ..'::/ ORDER WP.No.144i20 ot 2025 DISPOSING OF THE WRIT PETITION WITHOL'T COSTS tq W (

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