Judgment · High Court

Aggrieved by the action of the respondents .in not releasing the Sa_le Deed Doc. No.p348/2024, dated

24.12.2024 presented by the petitioners in respect of the land admeasuring to an extent of 1800 squaie yards in 9 plots, situated at Nizamabad Sivar, Nizamabad Mandal and District, the petitioners filed the present writ petition.

The Assistant Government pleader for Stamps and Registration submits that if the document presented by the petitioners is in order, the authorities will release the same as per the Registration Act, i9O8. If any objection, they will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908) as well as 2 W.P.No. 145O3 of 2025 sr(, J \ the Indian Stamp Act, 1g99 and communicate the refusal order to the: petitioners. \i I

The Sr:cljon 71 of the Act, 190g, reads as fo[ows: Reaso es for refusal to register to be recorded._ (1) Flrery Sub-Registrar refusing to regisrer a docrrr ent, except on the ground that the prope rty to rvhi<:h it relates is not situated w,ithin his sub_ distrir:r- shall make an order of refusal anci rec, rrded his reztsons for such order in his Book No.2 and endorse the words .,regisLration refusecl,, or: the doct.ment; and, on application made b_v any p(:rson exec u:ing or claiming under the document, s, hall, 'a.ithrlr t payment and unnecessary dela1,, give him a copy of the reasons so recorded. (2) No legistering officer shall accept for registrrrtion a docurnent so endorsed unless and until, unde- the provisicns hereinafter contained, the documer..t is direc .ec to be registered.

In view of the above made submissions coupied w.ith the provisior Lrnder Section 71 of the Act, 190g, this writ petition is. dir;p,rsed of directing the Registering Authority to register ald release the Sale Deed bearing p.No.9.,l of 2024 submitted by the petitioners, subject to condition that the petitioners compr5ring with the provisions of the r,.ct, 19og I t 3 SI<, J W.P.No.745O3 ol 2O25 as well as the Indian Stamp Act, i899. 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.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed SD/-A. SRINIVASA REDDY SISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

The Principal Secretary, Revenue (Registration and Stamps) Department' Secretariai, State of T6langana. Hyderabad.

2. The District ftegistrar, Nizamabad' Nizamabdd Districl503003' 3. The Joint Sqb-Registrar-ll' Nizamabad' Nizamabad District-50.3003 4. One CC to SRf K.DURGA PRASAD, Advocate' [OPUC] 5. TwoCCstoGPFoRSTAMPS&REG|STRAT|oN,Highcou(fortheState of Telangana at HYderabad. [OUT]

6. T1,vo QQ Copies BSK FF HIGH COURT DATED:02t05t2425 qc roDAY T q c [\ [ii tr i.) .+-,/, / :v '1 ,-' ORDER WP.No.14503 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT CC}STS t