High Court · 2025
Case Details
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 WRIT OF MANDAMUS, declaring the action of the respondent No.2 in refusing to receive, register and release the sale deed/s presented by the petitioner in respect of the agricultural land admeasuring to an extent of Ac.'l .0300 gts in Sy.No.89K1, an extent of Ac.0.300 gts in Sy.No.89L/2, an extent of Ac.0.1700 gts in Sy.No.89J/EE, arid an extent of Ac.1.2300 gts in Sy,no.89L/1 (total land an extent of Ac.3.3300 gts) situated at Burgupalle Village, Boinpalle Mandal, Ralanna Sircilla District, as illegal, arbitrary, contrary to the provisions of the Registration Act 1908 and in violation of Article '14, 300A of Constitution of India and consequent,y direct sale Deed presented admeasuring ,o ,n "r,uno grs in syNo.8 9L/2, an*t Ac.1.2300srs in sy No s:ent Burgupalre Virage, Boinpa : the 2na respondent to re( the petitioner ,, ,.u"* of Ac'1 0300 gts in arrl""t of Ac o 17oo gtt in a; 'n *'"*''No ),,L/ I {totalnno ,re Mandar, Rajanna .,,",,,r':;::300 u''"' register and release the of the agricultural land u'^-, an extent of Ac 0'300 89J/EE' and an extent of sts) situated ar IA NO:1 OF 2025 petition n 151 cPc praying of the petition, ;.n'''the t the affidavit fired in r direct the ,no ."roorrooort presented ov tr.," p"t,tin extent of Ac., oroo n,ronu' an extent of Ac.,.rroo' sy.No.8gl/? (total land , Eoinpalle Mandal, ent to receivu .ugi't"- in respect of the agri 'nsy'No B9K1' n" 'n """nt '' ar.ro.89J/EE, ,nooto" extent of Ac'3 3300 gts) circumstances stated in High court may be p'eased to and release the saie Deed cultural land admeasuring o to an gts in sy No SgL/2, an e{ent of Ac 1.2300 gts in "o Counsel for the petitione counser for the Respono ^rr"n," r a s rrcira Dis trict, r"r;;,"r':'#}H# t' t*' HAR' K''HAN K,D,KALA ents: GP FoR sTAMPs AND REGISTRAT,oN The Court made the fo,lowing: ORDER virrase, n Its al, THE HONOURABLE SRI JUSTICE K.SARATH I WRIT PETITION No.1 7947 of 2O2S ORDER: t Heard learned counsel for the petitioner ald learned Assistant Government pleader for Stamps and Registration appearing for the respondent Nos. 1 and 2. With their consent, this writ petition is disposed of at the stage of admission itself.
2. Aggrieved by the inaction of the Respondent No.2 in relusing to receive, register and release the sale deeds prcsented by the petitioner in respect of the agricultural land admcasuring to an extent of Ac.1.0300 guntas in Sy.No.89K1, an extent of Ac.0.300 guntas in Sy.No.g9L/2, arr extent of Ac.O. 17O0 guntas in Sy.No.ggJ/F,F', arid an extent of Ac. 1.2300 guntas in Sy.no.ggLll $otal land an extent of Ac.3.3300 guntas) situated at Burgupalle Village, Boinpalle Mandal, Rajanna Sircilla District, the petitioner filed the present writ petition. T I ., SK, J wP 17947 2025
3. Learned Assistant Government Pleadcr for Stamps and Registration submits that without presenting the subject documents, the petitioner has approached this Court seeking registration of the said documents. If the petitioner present the sarne before the Registering authority, the respondents will receive the sarne and follow the procedure S contemplated under Sect.ion 71 of the Registration Act, 1908 (for short, the Act, 1908).
4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorde d.- (1) Every 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 ald 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 ally 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 officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. I SK, J wP-17947-2025 In view of the above made submissions coupled with 5. the provision under Section 71 of the Act' 1908' this writ petition is disposed of directing the Registering Authority to receive, register and release the subject documents' subject to the petitioner complying with the provisions of the Act' lgO8aswellasthelndianStampAct,l8gg.Itwillbeopen to the Registering Authority to refuse the documents presented before him, if he has any objection' by duly assigning reasons in support of such decision and communicatethesaiddecisiontothepetitioner.Itismade 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 documents registered' There shall be no order as to costs'
6. Miscellaneous Petitions' if any' pending in this writ petition shall stand closed' SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR /TTRUE COPY/' l secir6N -Orrrcen To, State of Telang"n, s""Lt'Iii Buildings' Hyderabad' 1 . The principar secretary, Revenue (stamps 2. The Tahsirdar and Jt.Sub Registrar, o/o.Boinpale Mandar, Rajanna Sircilla 3 One CC to SRI HARI KISHAN KUDIKALA' Advocate [OPUCI 4 Two CCS to GP for Stamps.?nd Registration, High Court for the State of ^Registration) District. , Department, Telangana at Hyderabacl luu l 'l 5 Iwo CD CoPies I HIGH COURT DATED:2610612025 q o o E, SlAi(. o c,' t$ luN zffi I DEspat C$ t (.o ORDER WP.No.17947 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6 lP(