The High Court · 2025

Smt. tr/lothe Sujatha, Wo Tirupathi Reddy, Aged about 57 years, Occ Housewife, Rio H.No.9-7-25. Ramnagar, Karimnagar, Telangana. ...PETITIONER AND 1 The State of Telangana. Rep by its Principal Secretary, Registration and Stamps Departmen"t, Or.S.R. Rmneakar Telangana Secretariat Hyderabad' 2 3 The District Collector, Karimnagar, Karimnagar District. The Tahsildar and Joint Sub Registrar, Gangadhara Mandal, Karimnagar District. ,,.RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue, writ, order or direction especially one in the Nature of writ of Mandamus declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deed presented by the petitioner in respect of open Iand .12100 sq.yards or 10117.14 square meters in sy.No.640/2, situated admeasuring at Ramadudu village, Gangadhara tVlandal, Karimnagar District within the limits of Ramadudu Gram Panchayat under the jurisdiction of Sub-District Registration Gangadhara and Registration District Karimnagar presented by the petitioner pending the registration of sale deed as illegal, arbitrary, unjust, unreasonable against the principles of natural justice keeping also illegal and arbitrary and consequently direct the 3rd respondent to receive, register and release the sale cleed presented by the petitioner in respect of open land admeasuring 12100 sq.yards or 10117.14 square meters in Sy.No.640/2, situated at Ramadudu I Village, Gangadhara lVlandal, Karimnagar District within the limits of Ramadudu Gram Panchayat under the.jurisdiction of Sub-District Registration Gangadhara and Registration District Karimnagar presented the petitioner in the interest of justice. - 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 3rd respondent to receive, register and release the sale deed presented by the petitioner in respect of open land admeasuring 12100 sq.yards or 10117.14 square rneters in Sy.No.640/2, situated at Ramadudu Village, Gangadhara Mandal, Karimnagar District within the limits of Ramadudu Gram Panchayat under the jurisdiction of Sub-District Registration Gangadhara and Registration District Karimnagar presented the petitioner, pending disposal of the main writ petition. Counsel for the Petitioner : SRI Y.BALA MURALI Counsel for the Respondents: ASST.GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.16O3 1 of 2025 ORDER: Heard learned counsel for the petitioner 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 receiving, registering and releasing the Sale Deed presented by the petitioner in respect of open land admeasuring to an extent of l2lOO square yards or 1O117.14 square meters in Sy.No.640/2, situated at Ramadudu Village, Gangadhara Mandal, Karimnagar District within the limits of Ramadudu Gram panchayat under the jurisdiction of Sub_District Registration Gangadhara and Registration District Karimnagar presented by the petitioner pending the registration of Sale Deed, the petitioner filed the present writ petition.

3. Learned Assistant Government pleader for Stamps and Registration submits that without presenting the I : t I i I I t 2 sr(, J W.P.No.16037 of 2025 document, the petitioner has approached this Court -\.. seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same ald follow the procedure as contemptated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908').

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusai to register to be recorcled.-- (1) trvery 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 shal1 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 document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering oflicer shail accept for registration a document so endorsed unless and until, under the provr sions hereinafter contained, the document is directed to be registered.

5. In vieu, of the above made submissions coupled with the provisirirl under Section 71 of the Act, 1908, this writ \ I \ I 3 sr, J W.P.No.76O37 of 2O2S petition is disposed of directing the Registering Authorit5r 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, 1g99. 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/-P. PADMANABHA RE DDY EPUTY REGIS SECTION OFFICER I To, 1 . The princi pal Secreta ry, Re gistration and Stamps Ambedka r Telangana Secretariat,state of Telang A,H yderabad The District Collector, Karimnagar, Karimnagar District TheJahsildar and Joint Sub Registrar, Gangadhara Mandal, Karimnagar ment, Dr.B.R. 2 3

4. One CC to SRt y.BALA MURALI, Advocate. tOpUCl ' s[?"Ti:",,ff 13[o";1'"t AND REGrsrRArroN, High cou( ror the 6. Two CD Copies. *f BSK BS HIGH COURT DATED:1 3106t2025 ORDER WP.No.16031 of 2025 k e o U Y1e 1HE S14 17 JUil M5 sp^rc Hr--o DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 vlolar