High Court · 2025
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THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION N O:1853 3oF 2025 Between: Sri Dantam Venkataramana, S/o Sri Dantam Rambabu Aoed about 39 years' Occ: Business, R/o. H.No.4_1 _25i,i;d; il;d;;s; s;iiiutalnnohra Pradesh .....PETtTIONER AND 1 The State of Telangana, Rep- by its Principal Secretary' Registration and iiI",rpt'o#*#nt i"tani'n' secretariat Hvderabad The District Registrar, Reg'stration and Stamps Department' Sanga Reddy District The sub Reqistration office, Rep by sub-Registrar, Registration and stamps OepartmentJsanga ReddY District 2 3 .,...RESPONDENTS Petition Under Article 226 ot the Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased lo prs an order or orders one in the nature of WRIT OF MANDAMUS declaring the action of Respondent No'3 for not receiving' processing and making registration of the Sale Deed dated in respect of the petitioner property bearing Gram panchayat No. 14-4511 l2t4,lying and forming part of Survey No 1047/EE' admeasuring and comprising on an area of 2419'44 sq yards or equivalent to 2022.8g sq meters., including Private common passage area' situated ar Ameenpur village, Ameenpur Mandal and Gram Panchayeit' presently under R C' Puram and Patancheruvu of circle GHtvlc, Sanga reddy District, T S , inspite of generating challan and declare the action of the respondents as totally illegal' arbitrary, U nconstitutio nal, and against the provision of principal of natural Justice and vioration of municipar raws and vioration of Article 300-A tc, the constitution of lndia. LA.NO :1 OF 2025 Petition Under Section 1 51 cpc praying that in the circL rnstances stated in ' the affidavit fired in support of the petition, the High court rnay be preased to direct the responc'ent No 3 to receive, process and make registration of the Sare Deed in respect of the petitioner property bearing Gram pzrnchayat No. 14- 4511/2/4. lyrng arrd fornlrng part of Survey No. 1047lEE, admeasuring and comprising on an area of 241g.44 sq yards or equivalent to 2().,22.8g sq meters., including private corrmon passage area, situated ar Mandarand Gram panchayat, presenry under R.c :ffi::JH:H[iT:; circle GHMC' sanga reddy District, T.S.., inspite of generating charan pending disposal of the mair writ petition. ,. Counsel for the petitioner : SRI SURESH SHIV SAGAR Counsel for the Respondents : AGp FOR REVENUE The Court at the stage of admission made the following ORDER t THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.18533 of2o25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission.
2. Aggrieved by the action of the respondent No'3 in not receiving, processing and making registration of the Sale Deed in respect of the petitioner's property bearing Gram panchayat No.14-45/ll2l4, lying and forming part of Survey No. 1047/EE, admeasuring and comprising on an arrea of 2+lg.OO square yards or equivalent to 2022'89 square meters, including Private common passege area, situated at Ameenpur Village and Mandal and Gram Panchayat, presenfly under R.C. Puram and Patancheruvu of circle GHMC, Sanga Reddy District, the petitioner hled the present writ petition. .> srr, J w,P.No.78.533 of 2025
3. Learned Assistant Government Pleader lirr Stamps and Registration submits that without prest:nting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents the same before the Registering aur-Lrority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908')
4. The Section 71 Of the Act, 1908, reads as fcrllows: Reasons for refusal to register to be recorded.-- (1) trvery Sub-Registrar refusing to regls'ter a documenl, except on the ground that the propcrty to which it relates is not situated within his sub- district sha1l make an order of.refusal and reccrded his rcasons for such order in his Book No'12' and endorsc the words "registration refused" olt 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 officer shall accept for registration a document so endorsed unless and until' under the provisions hereinafter contained, the document is dir( cted to be registered. t \ \ 3 sr(, J W.P,No.78533 oJ 2025
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 and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document if he has any objection, by duly presented before him, assrgnlng reasons ln 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. q
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.P. PADMANABHA REDDY REGISTRAR PUTY SECTION OFFICER W SA Secretariai, State of Telangana at HyderaDao - District. 'r- ,n" Principal Secretary, Registration and Stamps Department' Telangana 2. The District Registrar,i;gisti'tion aho Stamps Department' Sanga Reddy ? The Sub - Reqistrar, Sub Registration Office' Registration and Stamps ' 4 ffi[ti;i;'cF r'on'[EVEr.rUe, Hign courr for rhe state of relansana at r 311"6t?i JR,'J,l*=tn sHrv .AGAR, Advocate toPUCl 6. Two CD CoPies n.oatrment, Singa Reddy District' ,), f,1 TA 'o () 1B ,l]L 206 z c) I * Sr.rrC c * HIGH COURT I DATED:02l07\ZO2S ORDER WP.No.18533 of 2OZs I DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1 1o