High Court · 2025

1' Smt. Padakanti Laxmi, W/o. P. Kanakachary. As^qd. l?out 34 years, occ. ' il6ijt"tili", ni"Hr'ri"i s l, Rekurthi' Karimnagar District' 2.Smt.BolladiVimala.W/o.MahipalReddy,,Aoedabout52years,occ. Housewife, nio. H. rul i-'i oolr,'EJ6raapalle, Kar'[n nagar District .....PETITIONERS AND and Stamps o"par*""ni,' b["itit'ii"t r'itaings' Hyderabad'

1. The State of Telangana, Rep by its Principal Secretary' Revenue' Registration 2. The District Registrar of Assurances' Registration and Stamps Department - Xurirnigar Toiln and District Karimnagar Telangana' 3- The Sub Registrar, Gangadhara' Karimnagar District' .....RESPONDENTS Petition Under Article 226 of lhe 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 orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No-3 in not permitting the Petitioners to proceed with sale process of Petitioners registeied documents in respect of Plots of Petitioner No'1 in Sy No'123' bearing Plot No' 82' admeasuring 242 sq. yards, and Petitioner No'2 in Sy No 111' bearing Plot No' 5 and Sy.No. 112' bearing Plot No 4 both admeasuring 200 sq' yards each' all situated at Rekurthi Gram Panchayat' (presently Karimnagar Municipal corporation), Rekurthi Mandar, Karimnagar District, for any type of transaction in favour of the prospective purchasers is illegal' arbitrary and against the principles I 1 I of natural justice, :rrr,l to consequenfly direct the Respc,ndert No.3 to forthwith permit the Pet;tir:rn=r; to proceed with sale of petitioners prots and to receive, register and releas,e the documents presented by the pertitiorers for transferring Petitioners prop€,rt,/ e. in respect of in respect of plots of pe titioner No.1 in sy.No.123, bezrring rrot No. 82, admeasuring 242 sq. yards, and petitioner No.2 in Sy. No. 11 1 bea- ng Plot No. 5 and Sy.No. 112, bearirrg F lot No. 4 both admeasuring 2o('r sc yards each, all situated at Rekurth Grrm panchayat, (presently Karimrre cr:rr Municipar corporation), Rekuittri IV and al, Karimnagar District. |.A.NO:1 OF 2025 Petition L,n.icr rlection 151 cpc praying that in the circLrmstances stated in the affidavit filed in support of the petition, the High ccurt nay. be pleased to direct the Respord -'.t No.3 to forthwith permit the petitioners trr proceed with sale of Petitioners trriots and to receive, register and rerease he documents presented by thr: Pt;t 1 oners for transferring petitioners pn)per:y i.e ., in respect of Plots of Petitioner N<,.'1 in sy.No.123, bearing prot No. g2r, adme€suri ng 242 sq. yards, and Petiiiorrt,.r No.2 in Sy. No. 11.1 , bearing plot \o. 5 ar d Sy.No. i 12, bearing Plot No 4 bctl admeasuring 200 sq. yards each, aI situa ed at Reku(hi Gram Panchayat (F resently Karimnagar Municipal (lorporat on), Rekurthi Mandal, Karimnaqirr t) strict, pending disposal of the writ pr:tition. Counsel for the Petitioners : SRI RAVINDER REDDY SINGIREDD\ Counsel for the Respondents : AGp FOR REVENUE STAMPS ANt) RGISTRATION The Court at the star;e of admission made the following ORDER THE HONOURABLE SRT JUSTICE K'SARATH WRIT PEfITION No.L647 1of

20.25 ORDER: Heardlearnedcounselforthepetitionersandlearned Assistant Government Pleader for Stamps ald 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 permitting the petitioners to proceed with the Sale process of petitioners' registered documents in respect of plots of petitioner No'1 in Sy'No'123' bearing Plot No'82' admeasuring to arl extent of 242 square yards ald petitioner No.2 in Sy'No'111' bearing Plot No'5 and Sy.No. ll2, bearrng Plot No'4 both admeasuring to an extent of 2OO square yards each' all situated at Rekurttri Gram Panchayat, (presently Karimnagar Municipal Corporation), Rekurthi Mandal' Karimnagar District' for any type of transaction in favour of the prospective purchasers, the petitioners frled the present writ petition' i I I I I 2 sr(, J W.P.No.7 5421 of ZO2S

3. Learne d Assistant Government p[eacler for Stamps and Fegir;tfation submits that withor_rt presenting the documerrt the petitioners have apprc,ached this Court seekin{r rr.rll.stration of the document. If thc petitioners presenl. tl:r,: same before the Registering auihority, the responrlen ls rvill receive the same and fo[ou. th: procedure as contelnclated under Section 71 of thr: Rr:gistration Act, 1908 (f<rr srhort, ,the Act, 190g,). 4 The Srection 71 of the Act, 190g, reacls as fo[ows: Il,:i, s,ons for refusal to register to be rec,trded._- (l ) F)very Sub-Registrar refusing to rtrgis; er a d ocr I r:rent, except on the ground that the pr.opc rty to rvhr : I it relates is not situated within his sub_ di sr r r.t shall make an order of refusal and rec, rrded his reasons for such order in his Book lro.2 and :nd,t - te the words ,,registration refused,, or_ the lcrclr rrent; and, on application made b.r any porson i:x,:cLtling or claiming under the documerrt, r,hall, ,x'ilhcrrt payment and unnecessary dela,r, give f.im a r:o1tr tI the reasons so recorded. (2) l'c registering officer shall accept for registrr Ltion e clor:'trrent so endorsed unless and until, unde;.the g,rovisi rns hereinafter contained, the ctocumer t is d irr:<:t,:,1 to be registered. I I i i I i I I I I I I I l I I sK, J W.P.No.76477 of 2025

5. In view of the above made submissions coupled with the provision under Section 7l of ttre Act' 1908' this writ petition is disposed of d'irecting the Registering Authority to receive, register and release the subject document' subject to the petitioners complying with the provisions of the Act' lg08 as well as the Ind'ian 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 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 MiscellaneousPetitions,ifany'pendinginthiswrit petition shall stand closed' SD/-A. A H.S. SI GOWRI SHANKAR TANT REGISTRAR //TRUE COPY// SECTION OFFI CER To ,. tn" Principal Secretary, Revenue, Registration and Stamps Department' '' i,eI;il ilafiriro in-g il 6i't" 2. The District negistra, oill.i..irr""".] n"sistraiion and Stamps Department "f -' Karimnaqar Town and District' 3. i[;'S;'R;giiiiar, cangaohara' Karimnasar District rela ngana at. Hvde ra bad' n".-==7 4 E 6 Two CCs to (lF' FoR STAMPS AND REGISTRATTON H oh (:ourt for the State of -'e One CC 1o lSl-l RAVINDER REDDY S|NGIREDDY, Advocate OpUCI Two CD t)opi :s la r rclana. [OUT] SA BS / ----- HIGH COURT DATED: 17 nil2121 \ I ORDER WP.No.164V1 of 2025

4.4 s i4 L? t i \ :: a l,'r L I 7025 ({1 t-} -?.) l'l: nec * DISPOSING CIF THE W.P AT THE STAGiE OF ADM|SS|ON WITHOUT COSTS. l , ( { I Tr