✦ High Court of India · 16 Jun 2025

High Court · 2025

Case Details High Court of India · 16 Jun 2025
Court
High Court of India
Decided
16 Jun 2025
Bench
Not available
Length
1,074 words

Acts & Sections

...RESPONDENTS Petition under Articte 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the Respondent No. 5 in non-entertainhg the registration and process on the land of the petitioner to an extent of Ac.4-07 Gts in survey No,77, which is situated at Ravarkor Viilage, Medchal Mandar, Medhcar Markajgiri District and non-initating to do the registration on the rand of the petitioner and booking of srot through vide Srot Application No.2500145345, dated 07 .o3.202s and intentionally, wantedly stopping the registration without having any directions from any court or Tribunar and harassing the petitioner is ilegar, arbitrary and viorative of Articres 14 and 21 and 300-A of the lr> rstitution of lndia and also violative of \ atur rl Justice and consequently direct tl- e Respondent No. 5 to entertain 'he egis lration on the land of the Peti:ic n(rr to an extent of Ac.2.00 Gts out of Ac.r..07 Gts in Survey No.77, which is si.:; ted at Ravalkol village, Medchal I\4anlal, irled'rcal t\4alkajgiri Distrrct lA NO: 1 OF 2025 Petition unrler I)ection 151 CPC praying that in thr: cirlum ;tances stated in the affidavit f leil irr support of the petition, the High Ctrurt may be pleased to direct the Resp o rd 3nt No. 5 to entertain the registration c n tl e land of the Petitioner to an er(t€ rit of Ac.2.00 Gts out of Ac.4.07 Gts in SLrrve' No.77, which is situated at lfzrv:rlkol Village, [/edchal [Vlandal, ltrledllcal l\4 a kaigiri District pending disposzrl rf llt': Writ Petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel forthe Respondents: AGP FOR STAMPS AND REGISTR'\TION The Court made the 'ollowing: ORDER : THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION N0.16246 of 2O2S ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 5. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the Respondent No.5 1n non-entertaining the registration of the petitioner,s land admeasuring to an extent of Ac.4.O7 guntas in Survey No.77 situated at Ravalkol Village, Medchal Mandal, Medhcal Malkajgiri District and non-initiating the registration of the said land in spite of booking of Slot through uide Slot Application No.25O0 145345, dated

07.03.2026 without having any directions from any Court or Tribunal, the petitioner filed the present writ petition.

3. Learned Assistant Government pleader for Stamps ald Registration submits that without presenting the ---_-++'---4n--' 1 I SK, J t{1 6216 2A25 subject :1c,o-rment, the petitioner has aptr)ro€ched Court sce{i :tl registration of the said drlcumer't' If the petitioner 'tresent the sarne before the I iegistering authoritl.. thrr respondents will receive the satne md lollow the procerhr'o as contemplated under Secti:n 71 of the Registratic'n .\ct, 1908 (for short, 'the Act, I 90i3)

4. The [ie,:tLon 71of the Act, 1908, readsr as fol] cws: loi& Fleascrrs for refusal to register to be reco:-ded.--- (1) 1\ery Sub-Registrar refusing to rerllstrr a co r]-lrlcnt, except on the ground that thc prop.r ) to vrh Lc r it relates is not situated with Ln his ;ub c is:r r r shall make an order of refusal and -ec:o-ded L is r e r .sons for such order in his Boo < N'r.12, and e n, [c) r j 3 the words "registration refus ed" on tl]e c o, LLrr 3nt; and, on application made by an'; pc -son ex('cu -:ng or claiming under the document, s lali, vrit houl payment and unnecessary de1a1 , gitre h m a co|'v (,1 the reasons so recorded. (12) N:, registering officer shall accept for registrr tion a c o(11l nent so endorsed unless and unt 1, u-rdet the provisi tns hereinafter contained, the clocumer t is dircc[,: ] to be registered. e \^' ('f the above made submissic,ns col pled with ort under Section 71 of the Act 1!tO8 this writ -7 SI(, J wP 16246 202s petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner 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 refusc the document presented before him, if he has any objcction, by duly assigning reasons in support of such clecision and communicate the said decision to thc pcti[ioncr. It is made clear that this Court has not expresscd zury opinion on merits of the case as to the entillement ci tho petitioner to get the subject document registered. Tl rcrc shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. \ To, SD/- P. PADMANABHA REDDY EPUTY REGISTRAR //TRUE coPYil SECTION OFFICER 1 . The Principal Secretary, Stamps a Hyderabad, State of Telangana. nd Regist Department, Secretariat,

2. The Commissioner, Stamps and Registration Department, Telangana, Hyderabad

3. The District Collector, Medchal-Malkajgiri District 4. The District Registrar, Medchal Malkajgiri, Medchal Malkajgiri District 5. The Tahsildar cum Joint Registrar, Medchal Mandal, Medchal-lrzlalkajgiri District

6. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] 7. Two CCs to GP FOR STAIVPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT] s

8. Two CD Copies HIGH COURT DATED:161061?-025 ORDER WP.No.1624'e of 2025 ,) i (< j) o l) t 0 1 Jl]I mI O,C sIhTc.j{--t :=-:: _::ji ). ,i, i r- rl ?. J DISPOSING OF THE WRIT PETITION' WITHOUT C;I])STS dc"r'tg yl Ld t \

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