High Court · 2025

circumstances stated 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 ot lvrandamus decraring the action of the respondent no.3 in refusing to receive, register and release the Sale Deed dated 17 01 2025 presented by the petitioner in respect of residential apartment flat bearing no 202' on 2nd floor' Ivlunicipal bearing door no 8-2-2g3tEr175t202 (PTIN No 1180810255) having built up area of 1016 sq. ft, (including common area and car parking) undivided share of admeasuring 25 sq. yards out of total 250 sq' yards in the building complex named as Akshya Homes in Survey No'4O3/part' T'S' No' 2' Block B' Ward No 9' situatedatGayatriHills,JubileeHills'Hyderabad'Telangana(hereinafter referred as subject property) on the ground of Memo bearing No'G2125712019' r.rrr-r-}F' dated 26 0g 2020 issued by respondent no.2 as iregar, arbitrary and contrary to the provisions of the Registration Act,1 g0g and consequenry direct the respondent no 3 to receive,. register and rerease the Sare Deed dated 17 .01 .2025 presented by the petitioner in respect of residentiar apadment frat bearing no. 202' on 2nd froor' Municipar bearing door no. 8-2-2s3rVr75/202 (prN No. 1180810255) having buirt up area of 1016 sq. ft, (incruding common area and car parking) undivided share of admeasuring 25 sq- yards out of totar 250 sq. yards in the building complex named as Akshya Homes in Survey No.403/part, T.S. No.2, Block B, Ward No.9, situated at Gayatri Hills, Jubilee Hills, Hyderabad, Telangana without reference to the Memo bearing No.G2l257/2019, dated 26'08'2020 issued by respondent no.2 as directed in wp.N,:s.34g 22 0f 2021 and batch dated 08 04'2025 and arso in wp.Nos. 328 0f 2022 and batch dated

18.02.2022. l.A.NO: oF 2025 1 Petition Under Section .151 CpC praying that in the circum stances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the respondent no_3 to receive, register and release lhe Sale Deed dated 17.01 .2025 presented by the petition er rn respect of resid,3ntial apartment flat bearing no. 202. on 2n d floor, [Vu nicipal bearing door no. B_2.2g3tBl7Sl2O2 (PT|N No. 11808'1025S) having buitt up area of 101 6 sq. ft, (including common area and car parking) undrvided share of admeasuring 25 sq. yards cut of total 250 sq yards in the building complex named as Akshya Homes in lSurvey No.403/part, T.S. No. 2, Btock B, Ward No. 9. situated at Gayatri r{ills, Jubilee Hills, HyderabaA Telangan a without refere nce to the l\.4emo bearirrg No.G 2t257120 '19, dated 26.08.2020 issued by respondent no.2 as directed ir wp.Nos.34922 of 2021 and batch dated o'.o4.2o2s and arso in wp.Nos.328 of 2022 and batch dated 18.02.2022 forthwith pending disposal of the above writ petition. Counsel for the petitioner : SRI U.SANTOSH KUMAR counsel for the Respondents : Ms. S.sRAVANTHT, AGp FoR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE K'SARATH WRIT PETITION No.20030 of2o2s ORDER: Heard learned counsel for the petitioner and Ms. S.Sravanthi, Iearned' 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'3 in refusing to receive, register and release the Sale Deed dated 17.O1.2C)25 presented by the petitioner in respect of subject property situated at Gayatri Hills' Jubilee Hills' Hyderabad' on the ground' of Memo bearing No'G21257 12019' dated

26.os.2o2oissrredbytherespondentNo.2,thepetitioner hled the Present writ Petition'

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court sceking registration of the document' If the petitioner (

1. 2 sx, J W.P.No.2OOSO of 2025 presents the same before the Registering authority, the respondents will receive the same and follov,, the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 19OBJ

4. The Section 71 of the Act, 1908, reads ers follows: Reasons for refusal to register to be record,:cl.- (1) Every Sub Registrar refusing to registcr a document, except on the ground that the property to which it relates is not situated rvithin his sub- district sha11 make an order of refusal anrl recorded his reasons for such order in his Book No.2, and endorse the words "registration refusecl,, on the document; and, on application macle by any person executing or claiming under the documr:nL, shall, without payment and unnecessary delay, 13ive him a copy of the reasons so recorded. (2) No registering officer shall accept for rr:gistration a document so endorsed unless and until, under the provisions hereinaftcr contained, lhe 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 { . 3 SK, J w.P.No.2ooso of 2025 receive, register arrd 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 shall stand closed' //TRUE COPYi/ SD/. M, OSMAN ASSISTANT RE ALI BAIG IST AR SECT N OFFICER 'o ,. ,n" Principal Secretary' QtanlOs;nd " 2. The Commissioner a Registration Department' Secretaria State of relansana "ll''l$3:fl?"f General of Resistration and stamps' Hvderabad. I +[:1*t'i'J'EbfiHlli?l$EIL?3frtlJl?i?1f,3 '"" or re ansana at r. 3I1"3t?S JR,u,l].o*'otn KUtvAR' Advocate toPUCl 6. Two CD CoPies t, A S T o HIGH COURT DATED:14107t202s ORDER WP.No.20030 of 2025 . , ,5 5 pr ,)i:r . ., ,.: .\ ,. ' a', \1.. -/r \.:!"-: ;. .. [$SEPffi !. a ::i '-,i- DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. rAgt ,'1 W \c,rL