High Court · 2025
Case Details
Acts & Sections
1. Smt. Parvatham Swarajya Lakshmi, W/o. P. Siva Rami Reddy, aged about 52 years, Occ- HouseMie, Rl/o. Plot No. 130, Sardar Patel Nagar, Street No. 20, Nizampet X Road, Kukatpally, Hyderabad.
2. Kurra Srinivasa Reddy, S/o. K. Subba Reddy, aged about 50 years, Occ- Business, No.11137, Shedworth St., Marayong, NSW 2148, Australia. ,..PETITIONER AND 1 . The State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.
2. The lnspector General, Stamps and Registration, Government of Telangana., Hyderabad.
3. The District Registrar, Ranga Reddy District, Hyderabad. 4. The Sub Registrar, Serilingampally, Rajendrangar, R.R. District. 5. Telangana State Wakf Board, Rep. by its Chief Executive Officer Haj House, Razzak Manzil, Nampally, Hyderabad. ...RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia 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 declaring the action of the respondents in not accepting the Sale Deed in respect of the Municipal House No. 10-1/4, PTIN No. 1261114708 with built up area 10713 Sq. feet, Ground plus 2 Floor (RCC), admeasuring 506 Sq. Yards or 423.01 Sq. Meters, constructed on Plot No.4 and 5 in Sy. No.202, situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District though the said property is not included in the prohibitory list as prepared U/Sec.22-A of Registration Act, 1908, and though the above property is not part of any Wakf property, as illegal, unlawfill, contrary to law and consequently direct the 4th respondent to accept the above document of the petitioner in respect of the above property for the purpose of registration and release the same, and pass lA NO: 1 OF 2025 Petition under Section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased please to grant interim order directing the 4th respondent to register ancJ release the sale Deed sought to be presented by the petitioner in respect of the Municipal House No. 10-1/4, PTIN No. 1261114708 with buitt up area 10713 Sq. feet, Ground t- 2 Floor (RCC), admeasuring 506 Sq. yards or 423,01 Sq. Meler:;, constructed on Plot No. 4 and 5 in sy. No. 202, situated at Manikonda Jagir Viilage, Gandipet Mandal, Ranga RedCy District, pending disposal of main Writ petition. Counsel for the Petitioners: SRl. M DAMODAR REDDY Counsel for the Respondent Nos.1 to 4: AGp FOR STAMPS AND REGISTRATION Counsel for the Respondent No.S: SRt FARHAN AZAM SC FOR WAKF BOARD The Court made the following: ORDER I I f I I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.15833 of 2o25 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 4 and learned Standing Counsel for the respondent No.S. With their conscnt, this writ petition is disposed of at the stage of admission itself.
2. Aggrieved by the action of the respondents in not accepting the Sale Deed in respect of the Municipal House No. 10- 1 /4 (PfIN No. 1261 7147O8l' admeasuring to an extent of 506 Sq. Yards or 423.01 Sq. Meters constructed on Plot No.4 and 5 in Sy.No.202, situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District, the petitioners filed the present writ petition.
3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioners have approached this Court I c sl(, J wP 1!;833 202s seeking rcgistration of the document. If the petitioners present the same before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 19O8 (l'or short, ,the Act, 1908J. 4 The Section 7l of the Act, 190g, reads as follows: Reasons for refusal to register to be recorded._ (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to wh ich it relates is not situated within his sub_ district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused,, on the dor:ument; and, on application made by any person exe.cuting or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
5. In view of the above made submissions coupled with the provision under Section 71 of the Act, I9Og, this writ petition is disposed of directing the Registering Authority to I SK, J wP_l5833 2025 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 ard cornmunicate 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 sha,ll stand closed. //TRUE COPY// SD/-P. PONNA KRISHNA AS ISTANT REGISTRAR SECTION OFFICER To, l.ThePrincipalsecretary,Revenue(StampsandRegistration)Department' Secretariat, HYderabad.
2. The lnspector General, Stamps and Registration, Government of Telangana'' 3 4 5 7 B Hyderabad. The District Registrar, Ranga Reddy District' Hyderabad' The Sub Regis[rar, Serilingampally, Rajendrangar, R.R' Diskict' The chief Eiecutive officer Telangana state wakf Board, Haj House, Razzak Manzil, Nampally, HYderabad. One CC to SRl. M DAMODAR REDDY Advocate [OPUC] One CC to SRI FARHAN AZAM SC FOR WAKF BOARD [OPUC] Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana. IOUTI
9. Two CD CoPies KKS ^LSb * : I HIGH COURT DATED:1210612025 r ii: ':' ' a\ -,1'- 2OJtlN M ?il (' l! I \i a:! ry' .7 [)ESilr iq( ORDER WP.No.15833 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS @s?td fu,w