High Court · 2025

Petition LJnder llection 'l 5'1 CPC praying that in the circurnsta nces stated in the affidavit filerl ir-r sr pport of the petition, the High court nray re pleased to issue lnterim dir-'oicr to respondent no 2lo remove the ;chedule property i.e., land admeasuring A(, C.03 gts situated in Survey No. 2221t-)l2l11112 in kothapalle (V), Kothapalle iA/), \arayanpet Dist from prohibited list anrr further direct to register the sale deer<l presented by the petitioner on 02.04 zo2s in respect of schedule property perCing disposal of the writ petition. Counsel for the Petitioner : SRt RAJAGOPALLAVAN TAyl counsel for the Respror.rdent Nos.1 & 2 : AGp FoR SATAMps REGrsrRATloN Counsel for the Resp ondent Nos.3 to Z : -- The Court made the lc,llowing ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No .15639 of20.25 ORDER: Heard learned counsel for the .petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the official respondents. With their consent, this writ petition is disposed of at the stage of admission"

2. Aggrieved by the action of the respondent No.2 herein in listing the schedule property i.e., land admeasuring to an extent of Ac.3-03 guntas situated 1n Sy.No.222lU l2/l/112, in Kothapale Vilage and Mandal, Narayanpet District in prohibited list, the petitioner filed the present writ petition and further requested to direct the respondents to register the sale deed presented by the petitioner dated 02.O4.2025 in respect of the schedule property.

3. Learned Assistant Government pleader for Stamps and Registratioh submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner I I I 16*\ - ir':: lJ \'.:' SK, J W.P.No. 15639 oJ 2025 presents tht: same before the Registerinll authority' the respondelll.s, ,,r'i11 receive the same and follc'rv the orocedure as conte:nclr.r.ed under Section 71 of the Reg;istr rltion Act' 1908 (fol shcrt, the Act, 1908')' 4 Thr: Seclion 71 of the Act, 1908, readf; as fol on's: Rcar;o,-rs for refusal to register to be recorde<l'-- rc gtst :r a (1) Jlvery Sub-Registrar refusing to cir:crrnrent, except on the ground that the prrrpe tv lo \\'h1,) r it relates is not situated wittLin his sub- rlist-r r:t sha1l make an ordcr of refusal lnd rec' rrrled lr is tr:asons for such order in his Botlk lJo 2 and r:rLclcrse the words "registration relused' orL fhe ,,lilcrL rnc11t; and, on application made b1' a1r)' prrson .r)re : L ting or claiming under the docrrmct-lt' sha1l' rr it r c u1- payment and unnecessary delz5" t ivc -Lim a c:rp1 of the reasons so recorded' (:,1) Itrr registering officer shal1 accept for rtgistration il clc(:ument so endorsed unless and until' under lhe prr:,r'isions hereinafter contained, the dor;um :nt is ,lil s c ted to be registered. S.Invit:'r'oftheabovemadesubmissrionsc)upledwith the provis <)1 under Section 71 of the Act, 19CB' this writ petitiort rs <lisposed of directing the Registering '\uthority to receive, r'egister and release the subject document' subject r I l 3 slr,J W.P.No.15639 oJ 2025 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 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 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 COPYII SD/.T. SRIDEVI ASSISTANT REGISTRAR T 1 se"r,Hr.,c=*

1. The Principal Secretary, Stamp and Registration Department, Secretariat, State of Telangana at Hyderabad, Telangana.

2. The Tahsildar cum Joint Registrar, Kothapalle Mandal, Narayanpet Dist. Telangana.

3. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to SRI RAJAGOPALLAVAN TAYI, Advocate IOPUC] 5. Two CD Copies W To SA BS ) G)\ Z'.,trtttr- Sl ' ., k.' U ? 0J,"t lffi * * .-.1ij)/. r C,y r'.,9 HIGH COURI- DATED:1 710612025 ORDER WP.No.15639 of 2025 DISPOSING OF THE W.P WITHOUT COISTS. @ b\