High Court · 2025

Judgment

1. R:ii.,:i,l;iTsfil ft ;Eii 35";5- jg1ryj"tff reta ry, Reve n ue (sta m ps and lnspector General, Stamps and Registration 2- The Commissioner and Department, Hyderabad.

3. The District Collector, Medchal Malkajgiri District. 4 The District Reoistrar Malkajgiri District." The Sub Registrar, S.R.O. euthbultapur, Medchal Matkajgiri Reddy District Stamps and Registration Department, Medchal 5

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction, more particurarry one in the nature of writ of mandamus, decraring the action of the respondents more particurarry the action of the 5th respondent in not receiving, registering and rereasing the sare deed pertaining to the Flat No..l03 admeasuring 1 135 Sq.Feet along with undivided share of rand admeasu ring 27 .o sq. yards, sai Nirman,s Dreams BeIs on Plot bearing No.116 situated in Sy.No.19.l/D of Nizampet Village, Bachupally Mandal, Medchal Malkajgiri District is illegal, arbitrary and violative of principles of natural justice and consequenfly direct the 5th respondent to receive, register and release the sale deed pertaining to the FIat No.1 03 admeasuring 1 135 Sq.Feet along with undivided share of land admeasuring 27.O Sq_ yards, Sai Nirman's Dreams Bells on Plot bearing No.1l6 situated in Sy.No.1g.1/D of Nizampet Village, Bachupally Mandal, Medchal Malkajgiri District. lA NO: 1 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 5th respondent to receive, register and rerease the sale deed pertaining to the Flat No.'103 admeasuring 'l 135 sq.Feet along with undivided share of land admeasuring 27.0. sq. yards, sai Nirman s Dreams Bells on plot bearing No.'l 16 situated in Sy.No.191/D of Nizampet Village, Bachupally lr/andal, Medchal lvlalkajgiri District pending disposal of the writ petition. Counsel for the Petitioner: SRI SATyANARAYANA SWAMY RAM|SETTY Counsel for the Respondents: AGP FOR STAMPS AND REGTSTRATION The Court made the following: ORDER - THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.18973 of 2O25 ORDER: Heard learned counsel for the petitioners 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.5 in not receiving, registering ar-r d releasing the sale deed pertaining to the Flat No.1O3 adrneasuring 1135 Sq. Feet at Sai Nirman's l)reams I3ells on Plot No. 116 in Sy.No. 191 /D situated at Nizampet Villagc, Bachupally Mandal, Medchal Malkajgiri Districl, the petitioners hled the present writ petrtron.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the clocuments, the petitioners have approached this Court sceking registration of the documents. If the petitioners \- 2 SI<, J W.P.No.7a973 oJ 2025 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, 1908).

4. The Section 7l of tlrc Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, excep( on the ground that the property Lo which it relates is not situated withirl his sub- district sha11'make an order of refusal and recorded his reasons for 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 document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registratron a document so endorsed unless and until, under the provisions hereinafter contained, thc document is directed to be registered.

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 3 SK, J W.P.Na.1a973 of 2025 to the petitioners 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 presented before him, if he has any objection, bY dulY asslgnlng reasons ln 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 to the entitlement of the petitioners to get the subject documents registered. There shall be no order as to costs.

6. Miscellaneous petitions pending, if any, in this writ petition shall stand closed. //TRUE COPY// SD/-M. NAGAMANI ASSISTANT REGISTRAR l SECTION,OFFICER \ To,

1. The Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner and lnspector General, Stamps and Registration Department, Hyderabad.

3. The Diskict Collector, Medchal Malkajgiri District. 4- The District Registrar, Stamps and Registration Department, lt/ledchal Malkajgiri District.

5. The Sub Registrar, S.R.O.Quthbullapur, Medchal Malkajgiri Reddy District. 6. One CC to SRI SATYANARAYANA SWAMY RAN/ISETTY, Advocate [OPUC] 7. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT] B. Two CD Copies BSR BS HIGH COURT DATED:0310712025 ORDER WP.No.18973 of 2025 .4 .a'^\ /. ,) II l: r)JI ::'..,) \> I r-tC\Ja- GJ .-.> LJ-1 NI c * -L .1\ t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS e