High Court · 2025
Case Details
Acts & Sections
Sri Orsu Sudhakar, S/o Sri Orsu Narsimulu, Aged about 36 years, Occ;Business, R/o- H.No.12-7, Beeramguda, Manjeera Nagar, Patancheru lt/andalam, Ameenpur, Sanga Reddy 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 Constitutibn of lndia praying that in the circumstryrces 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. 14-45/1 t2t3, lying and forming part of Survey No- 1047/AA, 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 GHMC, Sanga Reddy District, T S", inspite of generating challan and declare the action of the respondents as totally illegal,- arbitrary, U nconstitutiona l, and against the provision of principal of natural Justice and violation of municipar raws and vioration of Articre 300-4 ro the constitution of t.A.NO :1 O F 2025 Petition Under Sectron 15i cPC praying that in the crrcur,stances stated in the affidavit fired in support of the petition, the Hrgh court nray be preased to direct the respondent No.3 to receive, process and make registration of the sare Deed in respect of the petitioner property bearing Gram p;tnchayat No. 14_ 4511r2/3' rying and forming part of survey No. 1o47rAA, rrdmeasuring and comprising on an area of 2541_OO sq yards or equivalent lo 2124.53 sq meters., including Private common passage area, situated at Ameenpur village, Ameenpur Mandar and Gram panchayat, presenry under R.c. puram and patancheruvu of circle GHMC, Sanga Reddy District, T.S.., inspite of generating challan 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 ORDEF: I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No. 1858 L of2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for stdmps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stagc of admission'
2. Aggrieved by the action of the respondent No'3 in not receiving, processing and making registration of the Sale Deed dated in respect of the petitioner's property bearing Gram panchayat No. 14-45 ll1213, lying and forming part of Survey No.1O47/AA, admeasuring and comprising on an arear.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 Patancheruvu of circle GHMC, Sanga Reddy District, the petitioner filed the present writ Petition. ! t :! I-l t w.P.No.1*sa1 "rz5;",
3. Learned Assistant Government pleacter for Stamps and Registration submits that without presenting the document, the petitioner has approacLrr:d this Court seeking registration of the document. It' the petitioner presents the same before the Registering authority, the respondents wil receive the same and foilor,r, the procedure as contemplated under Section 71 of the Rr:gistration Act, 1908 (for short, .the Act, 1908). , 4 The Section 71 oi the Act, l9Og, reads ar; follows: Reasons for refusal [o register to be recorde.rl._ ( 1) E\.ery Sub-Registrar refusing to r,:gister a document, except on the ground that the p:,1p6r1y 16 u-hich it relates is not situated ',vithin his sub_ district shall make an order of refusal and -ecorded his reasons for such order in his Book No.2, and endorse the words "registration refused,, on the document; and, on application made by an) person executing or claiming under the documenr,, shall, without payment and unnecessary detay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for regis;tration a clocument so endorsed unless and until, urtder the provisions hereinafter contained, the docunrent is directecl to be registered. I \ \ M- ----E}E!rF-rr I -7 SK, J W.P.No.78587 of 2O25
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 compiying with the provisions of the Act' lgo8aswellastheInd.ianStampAct,l8gg.Itwillbeopen to tfre Registering AuthoriSr to refuse the document 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 document registered' There shall be no order as to costs. I 6 MiscellaneousPetitions,ifany'pend'inginthiswrit petition shall stand closed' SD/.P. PADMA EPU NABHA REDDY TY REGISTRAR //TRUE COPY// to ,l. ,n" Principal Secretary' Registration ?nd :llmps , *:ti:ln, nAm:l*tt's,x3lilf;Lfi" Department Sansa Reddv SECTION OFFICER Department' Telangana a J 4 W b QA ?itJ'S:a Reg istrar, s-ub .ResJgtl?ti9n hlTHil Srt'SSA'=t/J,'ittEf Bl1"tt?S JRI'JrRE.H sHrv Two CD CoPies 'AGAR' office' Registration and stamps i g n co"t tor the state or rera nsana at Advocate toPUCl i i i I HIGH COURT DATED:02 tOTt2O2S ,4i THE s 14 ..) ro 1t luL 20l/5 '(' z * 'S] ,4T.;F!1:c { ORDER WP.No.18581 of 2O2S I DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. U I 1C t x{