High Court · 2025

Syed Abdulla, S/o Mr. Syed Rahamatulla, Aged about Business, R/o H.No. 42-26112120, Shramika Nagar, Near Ed Moula Ali, Hyderabad. 47 years, occ. High School, ...PETITIONER AND

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

2. The Sub-Registrar, Malkaj$ri, Medchal-Malkajgiri District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances staled in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in refusing to entertain, receive, process, register and release the Agreements of Sale-cum- General Power of Attorney-cum-Possession Deeds executed by the Petitioner in respect of the following four portions of land carved out of House No- 30- 217l2l1l2lA (PTl No. 1280892484), situated in Survey Nos. 429l.1 and 42811 (Part), Old Safilguda, Malkajgiri, within the limits of GHMC of Malkajgiri Circle and Mandal, Medchal-Malkajgiri District. 232 Sq. Yards or 193.95 Sq. Meters,220 Sq. Yards or 183.92 Sq. Meters, 258 Sq. Yards ot 215.68 Sq. Meters, 200 Sq. Yards or 167.2O Sq. Meters as illegal, arbitrary, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and the lndian Stamp Act, 1899, and in violation of the Petitioners rights guaranteed under Article 300-,4 of the Constitution of lndia, and consequently direct the 2nd Respondent to receive, process, register and release the said Agreements of Sale-cum-GPA-cum- Possession Deeds. 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 2nd Respondent to receive, process, register and release the following four Agreements of Sale-cum-General Power of Attorney-cum -Possession Deeds presented by the Petitioner in respect of the land forming part of House No. 30- 217l2l1l2lA (PTl No 1280892484), situated in Survey Nos 42911 and 42811 (Part), Old Safilguda, Malkajgiri, within the limits of GHMC of lr/talkajgiri Circle and Mandal, Ivl edchal-Ma tkajgiri District. 232 sq. yards or 193.95 Sq. Meters, 220 sq. Yards or 183.92 Sq. Meters, 258 Sq. Yards or 215.68 Sq. Meters, 200 Sq. yards or 167 .2O Sq. Meters. Counsel for the Petitioner: SRI PARAMPALLY SHAMANTHAK HANDE Counsel forthe Respondents: AGP FOR STAMPS AND REGTSTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.19892 of 2025 ORDER: Heard learned 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.2 in relusing to receive, process, register and release the Agreements of Sale-cum-General Power of Attorney-cum- Possession Deeds executed by the Petitioner in respect ofthe land admeasuring 232 sq. yards, 22O sq. yards, 258 sq. yards, 2OO sq. yards carved out of House No.30- 2r7 l2l t /2 I A (PTI No. t28o8924841 1n Survey Nos.429/ I and a2811 (Part) situated at Old Safilguda, Malkajgiri, within the limits of GHMC of Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, the petitioner filed the present writ petition. .- \r F--.1 2

3. Learned Assistant Government Pleader lor Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents 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 71 pf the Act, 1908, reads as follows Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district shall 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 clocument; 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 registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. )J

5. In view of the above made submissions coupled with the provision under Section 7I of the Act, 19O8 and on perusing the entire material on record, this writ petition is 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, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if 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. Miscellaneous Petitions, if any, pending in this writ petition sha,ll stand closed. sD/- SREENIVASA REDDY SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER epartment, Secretariat, 1 . The Principal Secretary, Stamps and Registratio -c-C Hvderabad. State of Telanqana. Tlie Sub-Reqistrar. Malkaiqiri, Medchal-Malkajgiri District. to sht pR'RnupA-LLY SHAMANTHAK HANDE, Advocate [oPUC] onL i*o CCsto GP FOR STAMPS AND REGISTRATION' High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 2 J 4 5 PSK. BM HIGH COURT DATED:1 110712025 ORDER WP.No.19892 of 2025 Q !.\clt t, t C SiAl O\' ?g llJt 2$[ * /) €!P.:iTc, l',.:\1 \ I D!SPOSING OF THE WRIT PETITION WITHOUT COSTS n