The High Court · 2025
Case Details
4. Smt. Saini Lavanya, W/o. llaiah, Aged 37 years, Occ. Household, Rl/o. H.No.1-91 , Kasaram Village, Gangadhara lr,4andal, Karimnagar District.
5. Smt. Sudagoni Ellawa, Wo. Narsaiah, Aged about 79 years, Occ. Household, Rl/o. Rekurti Village, Kothapaili I\,4andal, Karimnagar District.
6. Ereddy Satyanarayana Reddy, S/o. Narsimha Reddy, Aged about 65 years, Occ. Agriculture, Ryo. H.No. 10-2-394, Vidyanagar Locality of Karimhagar District.
7. Vangala Venkateswarlu, S/o. Tirumalaiah, Aged 66 years, Occ. Teacher, Fl/o. H. No.3-6-485, Subashnagar, Karimnagar. B. Jeedipelli Chookka Reddy, S/o. Limba Reddy, Aged about 62 years, Occ. Agriculture, No. 3-44, Burgupalle, Boenpalli, Karimnagar District. ...PETITIONER AND I Th ^e dS tate of Telangana, Bep by its Principal Secretary, Revenue, Registration tamps Department, Secretariat buildings, Hyderabad.
2. The District Registrar of Assurances, Registration and Stamps Department Karimnagar Town and District Karimnagar, Telangana 3, The Sub Registrar, Gangadhara, Karimnagar District. 4. The Sub Registrar, Karimnagar, Karimnagar District. ...RESPONDENTS i I I I Petition under Article 226 of the Constitution of lndia praying that in the circumstances statt-.d in the affidavit filed therewith, the High Court may be pleased to issue a r,vrit, order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondents No.3 and 4 in not permitting the petitioners to proceed with sare process of petitioners registered documents in respect of prots of petitioner No.1 in sy.No.123, bearing prot No. 40, admeasuring 242 sq. yards, petitioners No.2 and 3 in Sy. No.B0 and g1, open plot admeasuring 166.66 sq. yards, petitioner No.4 in Sy.No.16/.13, open plot admeasuring 484 sq. yards, petitioner No.5 in Sy.No.45, admeasuring Ac.0.04 gts., or 484 sq. yarcis, petitioner No.6 in Sy.No.126, open plot bearing No. 663 admeasuring 200 sq. yards a, situated at Rekurthi Gram panchayat, (presenry Karimnagar Municipal corporation), Rekurthi Mandar, Karimnagar District, Petitioner No.7 house bearing No. 10_2_23g, in Sy.No.1224, plot No.35, admeasuring 241 .11 sq. yards, situated at Kotha yasuwada (Vidyanagar) Karimnagar Municipar corporation and petitioner No.g in sy.No.g0, open prots bearing No 5 and 14, admeasuring 4g'r. r l sq. yards situated at Rekurti Gram Panchayat, Rekurti Village, Karimnagar Mandal, Karimnagar, for any type of transaction in favour of the prospective purchasers is iregar, arbitrary and against the principres of naturar justice and to consequenay direct the Respondents No.3 and 4 to forthwith permit the petitioners to proceed with sare of petitioners prots and to receive, register and rerease the documents presented by the petitioners for transferring petitioners property i.e., in respect of prots of petitioner No.1 in sy No.r23' bearing prot No 40, admeasuri ng 242 sq. yards, petitioners No.2 and 3 ln Sy' No'80 and 81 , open plot admeasuring 166.66 sq. yards, petitioner No.4 in sy.No.'r6113, open prot admeasu ring 484 sq. yards, petitioner No.5 in sy.No.45, admeasuring Ac.0.04 gts., or 484 sq. yards, petitioner No.6 in sy'No 126' open prot bearing No.663 admeasuring 200 sq. yards a, situated at Rekurthi Gram Panchayat, (presently Karimnagar ti4unicipal corporation), Rekurthi Mandar, Karimnagar District, petitioner No.7 house bearing No. .r 0_2- 238' in sy'No'1224' prot No.35, admeasuring 241.11 sq. yards, situated at Kotha Yasuwada (vidyanagar) Karimnagar Municipar corporation and petitioner No.g in Sy.No.B0, open plots bearing No.5 and i4, admeasuring 491.11 sq. yards situated at Rekurti Gram panchayat, Rekurti Virage, Karimnagar Mandar, Karimnagar. 'l lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents No.3 and 4 to forthwith permit the petitioners to proceed with sale of Petitioners plots and to receive, register and release the documents presented by the Petitioners for transferring petitioners property i.e., in respect of Plots of Petitioner No.1 in Sy.No.l23, bearing plot No. 40, admeasuring 242 sq. yards, Petitioners No.2 and 3 in Sy. No.80 and B1 , open plot admeasuring 166.66 sq. yards, Petitioner No.4 in Sy.No. 16/13, open plot admeasuring 484 sq. yards, Petitioner No.5 in Sy.No.45, admeasuring Ac.0.04 gts., or 484 sq. yards, Petitioner No.6 in Sy.No.126, open plot bearing No.663 admeasuring 200 sq. yards all situated at Rekurthi Gram Panchayat, (presently Karimnagar Municipal Corporation), Rekurthi Mandal, Karimnagar District, Petitioner No.7 house bearing No. 10-2-238, in Sy.No.1224, Plot No.35, admeasuring 241 .11 sq. yards, situated at Kotha Yasuwada (Vidyanagar) Karimnagar Municipal Corporation and Petitioner No.8 in Sy.No.B0, open plots bearing No. 5 and .14, admeasuring 491.1'1 sq. yards situated at Rekurti Gram Panchayat, Rekurti Village, Karimnagar Mandal, Karimnagar, pending disposal of the writ petition. Counsel for the Petitioner : SRI RAVINDER REDDY SINGtREDDy counset for the Respondents No.1 to4:ASST.cp FOR STAMpS®tSTRATIoN The Court made the following: ORDER J ,- THE HONOURABLE SRT JTISTICE K.SARATH WIIIT PETITION No .15898 of2O2S ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.l to 4 and learned Standing Counsel for the respondent No.5. With their consent, this writ petition is disposed of at the stage of admission itst:lf.
2. Aggrieved by the action of the Respondent Nos.3 and 4 in not permitting the petitioners to proceed with sale process of the petitioners registered documents in respect of Plot No.4O admeasuring to an extent of 242 Sq. Yards in Sy.No. 123 of the Petitioner No.1, open plot admeasuring to an extent ol 166.66 Sq. Yards in Sy.No.SO and 81 of the Petitioner Nos.2 and 3, open plot admeasuring to an extent 484 Sq. Yards in Sy.No.16/13 of the petitioner No.4, land admeasuring to an extent of Ac.0.04 guntas or 4g4 Sq. Yards in Sy.No.45 of the petitioner No.5, open plot No.663 SK, J wP_15898_2025 -l admeasuring to an extent of 2OO Sq. yards in Sy.No. 126 dl situated at Rekurthi Gram panchayat, (presently Karimnagar Municipal Corporation), Rekurthi Mandal, Karimnagar District, House bearing No. lO_2_23g of plot No.35 in Sy.No. 1224 admeasuring to an exten t of 24l.II Sq' Yards of the petitioner No.7 situated. at Kotha yasuwada (Vidyanagar) Karimnagar Municipal Corporation and open Plot No.5 and 14 admeasuring to an extent of 491.1 1 Sq. Yards in Sy.No.SO of the petitioner No.g situated at Rekurti Gram Panchayat, Rekurti Village, Karimnagar Mandal, Karimnagar, 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 seeking registration 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, 1908 (for short, ,the Act, 19OS). 3 SK, J wP 15898 2025
4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- ( i ) Evt'n' Sub-Registrar refusing to register a document, except on the ground that the property to which 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 documr'nt; and, on application made by any person executing or claiming under the document, shall, without pavment and unnecessary delay, give him a copy o[ 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, 1908, this writ petition is disposed of directing the Registering Authority to receive, register alrd release the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well ,rs the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented be[bre him, if he has any objection, by duly i 4 SK, J wP ts898 2025 assrgntng 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. 6 Miscellaneous petitions, if any, pending in this writ petition sha-ll stand closed. //TRUE COPY// S -P. PONNA KRISHNA S TANT REGISTRAR SECTION OFFICER To, a StamPs DePartment, d.
1. The Principal Secretary, Revenue' Registratio,n ' i;;;i;iLi brildings, Siate or relangana' Hvde 2. The District Registrar of Assurances' Regisgation and Stamps Department ' U;;;;;;; iofrn ano District Karimnasar' Telangana 3. The Sub Registrar, Gangadhara' Karimnagar District' 4. The Sub Registrar, Karimnagar' Karimnagar District' 5 One CC to SRI RAVINDER REDDY SINGIREDDY' Advocate lOPUCl 6 Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the - State of Telangana' [OUTI
7. Two CD CoPies. BSK' S cJP !iG'--.+<. I .l HIGH COURT SK,J DATED:12l0Ot2O2S R 1HE ST4 ,(- o( 2OJU[i2M q J a() t /r' t)tso rr-r...io I f. ;l c) ORDER WP.No.15898 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT C(fSTS @[.ro?id W,