High Court · 2025

Sri Eragadindla BalaKrishna, S/o. Sri Eragadindla Venkanna, Aged about 45 years, Occ : Business, R/o.H.No.10-16111A, Beeramguda, Near Ambedkar Bhavan, Ameenpur, Sangareddy District, T.S. ....,PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Registration and Stamps Department, Telangana Secretariat, Hyderabad.

2. The District Registrar, Registration and Stamps Department, Sanga Reddy District. 3 The Sub Registration Office, Rep by Sub-Registrar, Registration and Stamps Department, Sanga Reddy District. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstgnces stated in the affidavit filed therewith, the High Court may be pleased to pass 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. 14-45l'1 1216, lying and forming part of Survey No. 1047lA, admeasuring and comprising on an area of 2541-00 sq yards or equivalent to 2124.53 sq meters., including Private common passage area, situated at Ameenpur village, Ameenpur Mandal and Gram Panchayat, presently under R.C. Puram and Patancheruvu of circle GHIVC, Sanga Reddy District, T.S.., inspite of generating challan and declare the action of the respondents as totally illegal, arbitrary, Unconstitutional, and against the provision of principal of natural Justice and violation of munropal laws and violation of Article 300-4 to .:he constitution of |.A.NO:1 OF 2025 Petition Under section 151 cPC praying that in the circurns;tances stated in , the affidavrt filed in support of the petition, the High court ma,/ be pleased to direct the respondent No.3 to receive, process and make registration of the sale Deed in respect of the petitioner property bearing Gram parchayat No. .14- 45111216, lying and forming part of Survey No. 1047rA, acmeasuring and comprising on an area ot 2541-00 sq yards or equivalent to 2124.s3 sq meters., including Private common passage area, situated at Ameenpur v liage, Ameenpur Mandal and Gram Panchayat, presen y under R.c. puram and t)atancheruvu of circle GHMC, Sanga Reddy District, T.S.., inspite of generating .hallan pending disposal of the main 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 k*8e'- THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITIoN No.18684 of2ol25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration appearing for the respondents and pcrused the materia,l 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 SaIe Deed in respect of the petitioner,s property bearing Gram Panchayat No.14-45/l/2/6, lying and forming part of Survey No.lO47 /A, admeasuring and comprising on an Eea of 2541-OO square yards or equivalent to 2124.53 square meters, including private common passage area, situated at Ameenpur Village and Mandal and Gram Panchayat, presently under R.C. puram and Pantancheruvu of circle GHMC, Sanga Reddy District, the petitioner filed the present writ petition \ \ I SI(, J W.P. No. 786t14 of 2025 - A. Learned Assistalt Government Pleader for Stamps and Registration submits that without presenting the documents, the petitioner has approached this Court seeking registration of the documents' If the petitioner presents the same before the Registering aut t- ority, the respondents i,t'ill receive the same and follow the procedure as contemplated under Section 7l of the Registlation Act, 1908 (for short, the Act, 19O8')' 4 The Section 71 of thd Act, 1908, reads as follows: Reasons for refusal to register to be recorded - (1) Every Sub-Registrar refusing to registe'r a document, except on the ground that the propert)' to which it relates is not situated within his srrb- district shzrll make an order of refusal and reccrded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the docurncnt; and, on application made by any pe rson executing or claiming under the document, shall, without payment and unnecessary delay, give |rim a copy of the reasons so recorded. (2) No registering officer shall accept for registratron a document so endorsed unless and until, undcr thc provisions hereinafter contained, the documt:rl[ is directed to be registered. \ \ 3 SI(, J W,P.No.78684 of 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 documents, 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 documents if he has any objection, by duly presented before him, assigning reasons in' support of such decision and communicate the sdid 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 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. PADMANABHA REDDY EPUTY REGISTRAR //TRUE COPYII I SECTION OFFICER To

1. The Principal Sgcre-t1ry, Registration and Stamps Department, Telangana _ Secretariat. State of Telangana at Hyderabad. 2 The District Registrar, Regr'stration and Stamps Department, Sanga Reddy 3 The Sub - Regiskar, Sub R_egistration Office, Registration and Stamps 4 Two CCs to GP FOR REVENUE, High Court for the State of Tetangana at Department, Sanga Reddy District. District. Hyderabad. [OUT] W One CC to SRI SURESH SH|V SAGAR, Advocate tOpUCl -re Two CD Copies ..qa 6 I # I i 1r''". \., - t.1 o ;t 1 0 ii.il 2025 z ,^4la;t-tcIt \: * HIGH COURT ',DATED:0210712025 I l ORDER WP.No.18684 of 20Zs t DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. T l0 7 l) l?tr