High Court · 2025

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 pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring action of the Respondent No.3 in refusing to receive, register and release the Four Agreement of Sale-cum-General Power of Aftorney (with possession), all Dated 18.07 .2024 in respect of('l) Open Plot No.3, admeasuring 605 sq,yds or 505.85 sq.mts in Sy.No.146, situated at Rekurthi Village, Kothapally Mandal, under Karimnagar Municipal Corporation, Karimnagar District despite receiving the Stamp Duty and Registration Fee of Rs.1,31,870/- vide Challana No.766VZC'170724, Daled 17.07.2024, (2) Open Plot No.4, admeasuring 605 sq.yds or 505.85 sq.mts in Sy.No.146, situated at Rekurthi Village, Kothapally Mandal, under Karimnagar Municipal Corporation, Karimnagar Diskict despite receiving the Stamp Duty and Registration Fee of Rs.'l ,3'1 ,870/- vide Challana No.2838M1170724, Daled 17.07.2024, (3) Open Plot No.5, admeasuring 605 sq.yds or 505.85 sq.mts in Sy.No.146, situated at Rekurthi Village, Kothapally Mandal, under Karimnagar Municipal Corporation, Karimnagar District despite receiving the Stamp Duty and Registration Fee of Rs.1,31,870/- vide Challana No.655Sl1't70724, Dated 17.O7.2024 and (4) Open Plot No.6, admeasuring 605 sq.yds or 505.85 sq.mts in Sy.No.146, situated at Rekurthi Village, Kothapally Mandal, under Karimnagar Municipal Corporation, Karimnagar District despite -7 xa: receiving the Stamp Duty and Registration Fee of Rs.'1 ,3',8701 vide Challana No.695JHN 170724, Dated 17.07.2024 without assigning an',' reasons is arbitrary, illegal and without any lurisdiction also in violation of proce'Jure laid down under law and consequently direct the Respondents to receive Fottr Agreement of Sale- cum-General Power of Attorney (with possession), all Dated 18.07 '2024 presented by the Petitioner in respect of above said property and rt)gister the document thereby to release the same in accordance with law lA NO: 1 OF 2024 Petition under Section 15'l CPC praying that in the ci'cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the Respondent No.3 to receive, register the Fou'Agreement of Sale- cum-General Power of Attorney (with possession), all Dated 18 07 2024 in respect of (1) Open Plot No.3, admeasuring 605 sq.yds or 505.85 sq mts in Sy.No.146, situated at Rekurthi Village, Kothapally Mandal, under l'larimnagar Municipal Corporation, Karimnagar District (2) Open Plot No.4, admer'tsuring 605 sq.yds or 505.85 sq.mts in Sy.No.146, situated at Rekurthi Village, Kot rapally [r4andal, under Karimnagar Municipal Corporation, Karimnagar District (3) Open Plot No.5, admeasuring 605 sq.yds or 505.85 sq.mts in Sy.No.146, situated at Rekurthi Village, Kothapally Mandal, under Karimnagar Municipal Co-porati,:n, Karimnagar District and (4) Open Plot No 6, admeasuring 605 sq.yds or 505.85 sq.mts in Sy.No. 146, situated at Rekurthi Village, Kothapally Mand;,r|, under Karimnagar Municipal Corporation, Karimnagar District thereby to ri:lease the same in accordance with law Counsel for the Petitioner: SRl.. G RAJESHWAR REDDY Counsel for the Respondents: AGP FOR STAMPS & REGI{|,TRATION The Court made the following: ORDER .lw 1 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.19378 OF 2024 4RDER: 1. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing lor the respondents. With their consent, this writ petition is disposed of at the stage of admission itself' 2, Aggrieved by action of the Respondent No'3 in not receiving, registering and releasing the Agreements of Sale- cum General Power Attorney (with possession), dated

18.07.2024, four (4) in number, in respect of Open House Plot Nos.3, 4, 5 and 6, admeasuring to an extent of 6O5 Sq.Yards in each plot, in Survey No. 146, situated at Rekurthi Village Kothapally Mandal under Karimnagar Municipal Corporation Karirmnagar District despite receiving the Stamp Duty and Registration Fee of Rs.1,31,870 l- each, without assigning any reasons is arbitrary illega-l and without any jurisdiction also in violation of procedure laid down under law lrled the present writ Petition // ) \" -:

3. Learned Assistant Government pleader for Stamps and Registration submits that without presentinl:; the documents, the petitiorrer has approached this Court seerking registration of the documents. If the petitioner presents the same before the Registering authority, the respondents rvill receive the sarrre and follow the procedure as contr:mplated under Section 71 of the Registration Act, 19Og (for shor.t, ,the Act, 1e08). 4 The S<:ction TI of the Act, 19Og, reads as; follows: Reasons for refusal to register to be recordeci._ (1) trvery Sub Registrar refusing to :-egisterr a document, except on the ground that the j)roperty to whir:h it relates is not situated within his srub_dir;trict shall make an order of refusal and recorded his reasons for such order in his Book No.2, ar.d enclorse the rvords "registration refused" on the docu;.nent; ancl, on ilpplication made by any person exccuting or claiming under the docrrment, shall, withou i payrnent and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for regr stration a docu ment so endorsed unless and until, r tnder the provisions hereinafter contained, the docr-rmen1 is direcred to be registered. Y 3 S.Inviewoftheabovemadesubmissionscoupledwiththe 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 petitioners complying with the provisions of the Act' 1908 as wellasthelnd.iarrStampAct,lsgg.Itwillbeopentothe Registering Authority to refuse the documents presented before him, if he has any objection, by duly assigning reasons in support o[ such decision and communicate the said decision to the petitioners lt is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject documents registered. There shall be no order as to costs'

6.MisceilaneousPetitions,ifany,pendinginthiswrit petrtlon shail stand closed. //TRUE COPY// soi- m.runceruerur ASSISTANT REGI TRAR SECT FFICER To,

1. THE STATE OF TELANGANA, Rep by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad. 2. THE DISTRICT REGISTRAR, Karimnagar District, at. Karimnagar. 3. THE SUB REGISTRAR, Gangadhara, Karimnagar. 4. One CC to SRl. G RAJESHWAR REDDY Advocate [OPUC] 5. Two CCs to GP for Stamps and Registrations, High Court for the State of Telangana at Hyderabad. [OUTI

6. Two CD Copies ?k KKS .!i},'F-.1:.,..- HIGH COURT DATED:01 10712025 ORDER WP.No.19378 of 2024 .- . ':,'----. :=:-.- ,..::, 't'r s r,fi|\r - ) 16 SEP 20Ai ,:) DISPOSING THE WRIT PETITION WITHOUT COSTS (F -re6-r"