✦ High Court of India · 11 Jul 2025

High Court · 2025

Case Details High Court of India · 11 Jul 2025
Court
High Court of India
Decided
11 Jul 2025
Bench
Not available
Length
1,017 words

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 issue an appropriate writ, order or direction more particularly one in the nature of writ of [\4andamus declaring the action of the 3rd respondent i.e-, The sub Registrar, L.B. Nagar, Ranga Reddy District, in refusing to receive and register the Sale Deed presented by the petitioner Plot No.31, admeasuring 267 sq.yards survey No. 31 and 32 parts situated at Jillelaguda village, saroornagar Revenue fVlandal (Now Balapur Revenue tr/andal), under Meerpet Municipal corporation (earlier also addressed as under Jillelaguda Gram Panchayat), Ranga Reddy District, Telangana state, for not receiving the document for registration of sale deed in favour of 3rd party without any reason is illegal and 1 arbitrary against the fundamental rights as per article 300 l. and '14 as enshrined in the constitution of lndia. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in tlr,: circumstances stated in the affidavit filed in support of the writ petition, the Higl ,loud may be pleased to pass interim direction to the respondent No.3 to 4 r t:ceive and register the document of petitioner under the sale deed in favor Of the 3rd party till the disposal of the marn Writ Petition by imposing any other (:,)r dition. Counsel for the Petitioner: SRI RAVENDAR SAMALA Counsel forthe Respondents: AGP FOR STAMPS AND FEGISTRATTON The Court made the following: ORDER F' I I ..1:l-*:r't*--{!/ 1r .r. '.: . t'-'," i&.f i /f THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.19833 of 2025 ORDER: Heard lcarned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission. 2- Aggrieved by the action of the respondent No.3 i.e., The Sub Registrar, L.B. Nagar, Ranga Reddy District, in refusing to receive and register the SaIe Deed presented by the petitioner in Plot No.31, admeasuring26T Sq. Yards in Snrvey No. 31 & 32 situated at Jillelaguda Village, Saroornagar Revenue Maldal (Now Balapur Revenue Mandal), under Meerpet Municipal Corporation (earlier also addressed as under Jillelaguda Gram Panchayat), Ranga Reddy District, the petitioner filed the present writ petition

3. Learned Assistalt Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court I A 2 ' \. "rffi! r{ \ :-'-.:f .li,!:&*il * -- ' \ .,.;... \'1":'" '' \ \ . ! petitioner seeking registration of the document. I. the presents the same before the RegisterinlJ authority, the respondents will receive the same ald folloil, the procedure as contemplated under Section 71 of the 1908 (for short, the Act, 19Og). i legistration Act, ".. 4 The Section 71 of the Act, 190g, readsr rs follows: Rerrsons for refusal to register to be recc r.cjed._ (1) Every Sub-Registrar refusing ro -cgister a docume nt, except on the ground that tht l)roperty to rvhrch it relates is not situated withiLt his sub- district shall make an order of refusal €r.1( i recorded his reasons for such order in his Bool No.2, endorse thc words ..rcgistration refus,.c.. on document; an<1, on application made by il ty pcrson exe<:uting or claiming under the docunre nt, shall, without payment and unnecessary delay, give hirn a copr. of the rcasons so rccorded. (2) No registering officer shall accept for re3istration a document so endorsed unless and unti.. rrnder the provrsions hereinafter contained, the d,rc.rment is directed to be registered 5 In view of the above made submissions coupled with the provisiorl under Section 71 of the Act. 19Og and on perustng the entirt r material on record, this \\ rit petition is .. i,. .t I 3 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, 19O8 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, il he has any objection, by duly assigning reasons in 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

6. Miscellaleous Petitions, if any, pending in this writ petition shall stand closed. ,TRUE COPY// SD/. L. VIJAYA LAXMI s ISTANT REGISTRAR SECTION OFFICER To, 1 The Principal Secretary, Revenue ( Stamps and Buildings, Hyderabad, State of Telangand. istration Dept ) Secretariat 2' The ccimmissioner and Inspector Generar of Registration and stamps, Telangana, Hyd.

3. The Sub - Registrar, L.B. Nagar, Ranga Reddy District. 4. The District Registrar, Ranga Reddy Diskict. 5. One CC to SRt RAVENDAR SAIVALA, Advocate tOpUCl 6' Two ccs to cP FoR srArvrps AND REGrsrRATroN, High court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR GJP o. .r ;" *\l HIGH COURT DATED:1110712025 I t -1 .-ti: r.. ...).;.-) ' /7.-' i:i iril 1 \'2. I DrT 20ffi -:t' ORDER WP.No.19833 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,' 7 -r.+ ,1

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