High Court · 2025
Case Details
Sri. NELLIKONDAANIRUDH, S/o, Sri. NELLIKONDA NIRANJAN, aged about 42 years, Occupation Advocate, R/o Flat No 301, Radhakrishna Residency, Opp Vijaya Diagnostic centre, Road no 2, Anand Nagar, Bandlaguda, Nagole, M. M. District, Telangana- 500068. .....PETITIONERS AND
1. The State of Telangana, Represented by its Principal Secretary, Stamps and Registration Department, T S Secretariat, Hyderabad.
2. The Commissioner and lnspector, General Stamps and Registration Department, Hyderabad.
3. The District Collector, Ranga Reddy District. 4. The District Registrar, Stamps and Registration Department, Rangareddy District.
5. The Sub-Registrar, (1510) Serilingampally, RangaReddy 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 direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.5 in refusing to receive, 7,/ register and return the Sale Deed for the said property i.e., open Plot No. -t38 145, total admeasuring 368 Square yards or equivalent to 307.69 square meters (out of 736 Square Yards), in Survey No.36/1 '1 . Situated at Vinayaka nagar Colony, GOPANPALLY VILLAGE, Sherlingampally tt/andal under GH[\/C, Ranga Reddy District, Telangana State, NORTH ROAD, SOUTH SOUTHERN PART OF VENDOR'S PROPERTY, EAST NEIGHBOUR'S PROPERTY, WEST NEIGHBOUR'S PROPERTY as per the letter issued by the Respondent No.3 vide Lr No.E5/2825 12021 Dated 10-06-2021 as illegal, arbitrary, unconstitutional and against the provisions of law and consequently direct the Respondent No.5 herein to receive, register the Sale Deed presented by the petitioner and release the same in respect of the open Plot No. 138 and 145, total admeasuring 368 Square yards or equivalent to 307.69 square meters (out of 736 Square Yards), in Survey No.36/1 '1 , Situated at Vinayaka nagar Colony, GOPANPALLY VILLAGE, Sherlingampally Mandal under GHl.VlC, Ranga Reddy District, Telangana State, NORTH ROAD, SOUTH SOUTHERN PART OF VENDOR'S PROPERTY, EAST N EIGHBOU R'S PROPERTY, \AI|EST N EIGH BOUR'S PROPERTY |.A.NO:'l 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 Respondent No.5 to receive, register and return the Sale Deed in respect of open Plot No. 138 & 145, total admeasuring 368 Square yards or equivalent to 307.69 square meters (out of 736 Square Yards), in Survey No.36/1 1, Situated at Vinayaka nagar Colony, GOPANPALLY VILLAGE, Sherlingampally Mandal under GHlVlC, Ranga Reddy District, Telangana State, NORTH ROAD, SOUTH SOUTHERN PART OF VENDOP.'S PROPERTY, EAST NEIGHBOUR'S PROPERTY, WEST NEIcHBOUR'S PROPERTY and retease the same, pending disposal of writ petition. Counsel for the Petitioners : M/s TEJASWI BASA Counsel for the Respondents : AGP FOR REVENUE The Court at the stage of admission made the following ORDER i l I 7/ THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.181O7 of 2o25 ORDER: Heard learned counsel for the petitioners ald 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'5 herein in refusing to receive, register and return the Sale Deed for the property of the petitioner i.e., open Plot Nos'138 and 145, total admeasuring 368 square yards or equivalent to 307.69 square meters (out of 736 square yards), in Sy.No.36/ 1 1, situated at Vinayaka Nagar Colony, Gopanpally ViIIage, Serilingampally Mandat under GHMC' Ranga Reddy District, as per the letter issued by the respondent No.3 vide Lr.No'ES/2825 l2O2l, dated IO.06.2O2I , the petitioners filed the present writ petition'
3. Learned Assistant Government Pleader for Stamps and Registration submits that vrithout presenting the I \ r, approached this Court *.".*o.r"rO, "r25L! document, the petitioners have 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, 190g). 4. The Section 77 of theAct, 19Og, reads as follows: Reasons for refUsal to register to be recorcled._ (1) Evey Sub_Registrar refusing to regis rer a document, except on the ground thz which it rerates is not situa,.. ;,:nT,t"..::J: district sha ll make an order of refusal and recordecl his reErsons lor 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 dr rvithour payment and unnecess.r;lT;: ;,T,1 copy of the reasons so recorded. (2) No registe . a document "nng provisio.s n.:-:::-:'""'unless directed ," ,. :il::::ocontained' In view of the above made submiss. officer shail accept for registration and until' unrier the the documenr is
5. the provision under coupled with l'lrr],,ss1ons Section 71 of the Act, 1908, this writ "..r,,^^--," S,{, J W.P.No.1a7O7 of 2O25 petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the provisions of the Act' 19O8 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 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 I tne 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 shall stand closed. SD/-M. NAGAMANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The Principal Secretary, Stamps and Registration Department, T S 2 iG a;rmissioner and lnipector, G-eneral Stamps and Registration Secretariai, State of Telangana at Hyderabad. Department, Hyderabad. District.
3. Th6 District Collector, Ranga Reddy District. +. 1," oi.iiiii n"gi.ttar, Sta,ips and ilegistration Department, Rangareddy 5 The Sub-Registrar, ('1510) Serilingampally, RangaReddy District' o r*6 cCs to bp FoR REVENUE,High Court foithe State of Telangana at 7 Ohe CC to M/s TEJASWI BASA, Advocate [OPUC] B. Two CD CoPies Hvderabad. [OUT] To W"o BS I , HIGH COURT DATED:2710612025 ORDER WP.No.18107 ot 2025 z-_.-:-. ,in rnE sil 1 I JUt 2025 f * c\ a) * E.D "TCi" DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. \\ v \tr