The High Court · 2025

Judgment

2. Unni Allamelu, Wo Late Sangaraiah Aged about 54 years' Occ House^ Hold nlij n. r.r". lis,t lvteat stiedt, nriyagii,undampatty Suramangalam, salem Tamil Nadu State ffi;i i;'thiApp;n, S/o Late Sangalaiah, Aged.27 years, occ Business R'/o H' r..ro.:- i- rso'doyawada, Metpailyl rown and Mandal, Jagtial ...pEr1oNERS AND . 1 J 2 The State of Telangana, Rep by itsPrincipal.secretary, Revenue.(Stamps -DepartmEnt br. B R. Ambedkar S6cretariat' f]V.og.rqQag and Reoistrations) i'd" iji.iiidi cEsliirir,'jtjrp" and Registration Department Jastial district, Jaotial i-n'"'SlU- Registrar, Stamps and Registrations Department , SRO Metpally' Jagtial diskict ..RESpoNDENrs Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of WR|ToFMANDAMUsdeclaringtheactionoftherespondentsmoreparticularly the 3rd respondent in not receiving, registering and releasing the sale deed documents present'ed by the petitioners in respect of Open place measuring an area359.61Sq.Yards(30o.66Sq.Mtrs)dismantledHouseNos.3-1-130,3-1. 131 situated at Metpallly, Municipality and Tahsil office Metpally' Jagtial district bounded by East: House of Gaddam Devaiah H' No. 3- 1- 136' West: House of ShiraGangramH.No.3-1-137,North:'lsFeetswideRoadandHouseofShira Gangaram H. No. 3- 1- 137, South: Way as illegal' arbitrary' unjust' unconstitutional, violation of Principles of natural Justice and also contrary to the provisions of Section 71 of Registration Act, 1908 and consequently direct the respondents 2 and 3 to receive, register and release the sale deed document presented by the petitioner in respect of the subject stated house forthwith IA NO: 10F 202s

Petition urrJer Section .151 CpC praying that in the circurnstances stated in the affi davit fi ecl ir support of the petition, the High Cour: ma y be pleased to direct the Res pon Jgnt No. 3 to receive register and release the Sale deed document preserrte cl by the petitioners rn respect of Open placr,: measuring an area 359. 61 Sq. ./arJs (300. 66 Sq. Mt rs) dismanfled House Nos.3_.1_ j30,3_ 1-.13'l situaterl at \4etpailly ality and Tahsil office M,etpaily, Jagtial Municip district bounderJ b,r East. Hous eofGa ddam Devaiah H. Nc. 3_ 1_ 136 West House of Shira ,G;angr;rm H. No. 3_ .l_ 13 North: 18 Feets wide R,rad and House of Shira Ganga.arr t.l No. 3_ 1_ j37 South: Way pending cispc,sal of the writ petition in the intere,l;1 r:f justice Counsel for the petitioner: SRI MIRZA AZMATH ALt BAIG Counset for Respon,Jents: AGp FOR STAMPS AND REGISTRAT|CIN The Court made the ,rollowing: 7 ORDER l THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITIO N No.16479 of2025 ORDER: Heard learned counsel for the petitioners 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'

2. Aggrieved. by the action of the respondent No'3 herein in not registering and releasing the Sale Deed document presented by the petitioners in respect of open place admeasuring to an extent of 359'61 square yards (300'66 square meters) d.ismantled House Nos'3- 1- 130 and 3-1-131 sitSted at Metpally, Municipality and Tahsil Office Metpally, Jagtial District bounded' by East: House of Gaddam Devaiah, H.No'3-1-136, West: House of Shira Gangram, H.No.3-1-137, North: 18 Feets wide road and House of Shira Gangaram, H'No'3-1-137' South: Way' the petitioners filed the present writ petition

3. Learned. Assistant Government Pleader for Stamps and Registration submits that without presenting the !-II 2 SIr, J W.P.No..t 64Z9 of 2O2S docunre r: -. the petitioners have approached this Court seeking re5listration of the document. If thr: petitioners preser t tLLr: same before the Register.ing at rthority, the responderL _r; will receive the same and foliorv tl.re procedure as contrrrrLltlated under Section 71 of the R.egi:;tration Act. 1908 (lb: r;rort, .the Act. 190g,). 4 Tl-rt: li,:ction 7I of the Act, 190g, reads as f,.>llows: l?rrasons for refusal to register to be re<;orcj:d._ .. (1 I Every Sub-Registrar refusing t.o r.egis;ter a clc r:rrrnsn1, except on the ground that the tr)ropr]rty to v,{rir:l'r it relates is not situated within his sub_ crst-icl shall make an order of refusal anct recorded I ir; r:asons for such order in his Book yo. !,, and c11. ()t se the words ,,registration refusecl,, o.t the do:runent; and, on application made trv alty F,erson e.<t-':;ting or claiming under the document, shall, vr'ith tut payment and unnecessary delay, sivr: ,rim a coJ)./ of the reasons so recorded. (2) I'lc registering officer shall accept for registration a d c r.ument so endorsed unless and until, unclc,r the pror,isions hereinafter contained, the docrrme:rt is ii.e.r: .r:d to be registered. 5 fn '7iqr.r, ,tf the abole made submissions colrpled with the provrsio: under Section 71 of the Act, 190g, this writ 7 3 SK, J w.P.No.76479 of 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 assigning reasons in support of such decision ald 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.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stald closed. //TRUE COPY// Sd/- MOHD. ISMAIL EPUTY REGISTRAR ECTION OFFICER To, Jaotial iil'td ;i'i&;;;il D,: b.'i. ffi b"'dkir Secretariat' Hvderabad'

1. The Principal secretary, Revenue (stamps and Registrations) Department' 2. The District Registrar, st"n]p3',i'""iHiiis=tratioiioepa'iment Jagtial district, a. ti'"''Slu Registrar, Stamps and Registrations Department ' SRo Metpally' 4 6'',';'ci't ;'Sii vtiza nzmatn Ali Baig Advocate. [OPUC1 5. Two ccs to Gp ror stami's'fi0"ilL'gidirliio;,dign colrt for the state of 6. Two CD CoPies Telangana. [OUT] Jaotial district MBC 6 HIGH COURT SK, DATED: 17106t202i z/./^,, : l'; /i 4' ,3 11'i.ir. r€ c^\i. 2 [ .ttJitl M 3;iil\'/ .^ | ..-'/ ../ ORDER WP.No.164T9 ot 2O2S o)*iB W* DISPOSING OF THE WRIT PETITION WITHOU]-COSTS