High Court · 2025

THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 20362 OF 2025 Between: Manchikanti Anil, S/o. Chencharah Manchikanti, Business, R/o. H.No.3/c, Vengalrao nagar, SR Telangana. Aged about 42 years, Occ ; Nagar, Ameerpet, Hyderabad. .,...PETITIONER AND

1. The State of Telangana, Rep by its Principal Secretary (Revenue) Secretariat, Saifabad, Hyderabad.

2. Sub Registrar, lvledchal, Ivedchal Malkajgiri District Telangana. .....RESPONDENTS 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 a Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not receiving and registering the sale deed/document presented by the petitioner for the property bearing Flat No. 401, in Fourth Floor, ANR Residency, with a built-up area of 1 200 Sft., including common area and one bike parking in ground floor, along with undivided share of 30 sq. yds, out of 300 sq.yds., on Plot No. 42, Sy. No. 1 58, 1 59 and '161 situated at Dommara Pochampally village, under Dundiga lmunicipality, Dundigal Gandi Maisamma mandal, Medchal Malkajgiri District, Telangana as illegal, arbitrary and against Law and contrary to the rights guaranteed under Article 300-4 of Constitution of India and consequenfly direct the 2nd respondent to entertain the registration of the sale deed presented by the petitioner by removing the Plot No.42, Sy. No. 158,159 and 161 situated at Dommara Pochampally village, under Maisamma mandal, Medchal IVla lkajgiri Dundigal municipality, Dundigal Gandi District, Telangana from the prohibitory list. l.A.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 recerve and register the document presented by the petitioner for /property bearing Flat No. 40'1 , in Fourth Floor, ANR Residency, with a built-up area of 1200 Sft., including common area and one bike parking in ground floor, along with undivided share of 30 sq. yds., out of 300 sq.yds., on plot No. 42, Sy No. 158,'159 and 16'1 situated at Dommara pochampally village, under Dundigal municipality, Dundigal Gandi Maisamma mandal, Ivledchal Malkajgiri District, Telangana pending disposal of the above writ petition. Counsel for the Petitioner : M/s K.ANITHA Counsel forthe Respondents : AGp FOR REVENUE The Court at the stage of admission made the following ORDER -. t", l i I I I I i I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2O362 of 2o25 ORDER: Heard learned counsel for the petitioner ald 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 ald register the Sale Deed presented by the petitioner in respect of the propert5r bearing Flat No.401, in Fourth Floor, ANR Residency, with a built-up area of 1200 square feet on plot No.42 in Sy.Nos. 158, 159 and 161 siturated at Dommara Pochampally Village under Dundigal Municipality, Dundigal Gandi Maisamma Mandal, Medchal Malkajgiri District, the petitioner filed 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 seeking 2 registration of the document. If the petitioner presents the same before the Registering authority, the respondents wiil receive the same and follou, the proceclure as contemplated under Section 71 of the Registration AcL, 19OB (for short, 'the Act, 19O8J.

4. The Section 71 of the Act, 190g. reads as follows Reasons for refusal to rcgister to be rccorclor].__ (1) Every Sub Registrar refusing to register a documcnt, excepl or1 the ground thal Lhc l)ropert\r to which it relalcs is not siLuated $,ithin his sLrb-distrir:r shall make an order of refusal and recorcled hrs reasons for such order.in his Book No.2, ancl endorse the words "registration rcfusecl,, on the rlocument; ant1, on applicalion madc by any per:;on crtecuting or clairning nnder the documcnt, shall, u,ithout payment and unne cessary clelay, give him a cop,r, of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, nnder the provisions hereinafter contained, the document is directed to be registerecl.

5. In view of the above macle submissions coupled with the provision under Section 7l of the Act, 19Og and on 3 perusing the entire material on record, this writ petition is I i disposed of directing tl-re Registering Authority to .receive, regisLer and release the subject document, subject to the pctitioner 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 pctitioner. 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 COPY// SD/.K. SREE RAMA MURTHY DEPUTY REGISTRAR ,l SECTION OFFICER

1. The Principal Secretary, (Revenue) Secretariat, Saifabad, State of Telangana at Hyderabad. -Sub

2. The 3. Two CCs toGP FOR REVENUE, High Court for the State of Telangana at Registrar, Medchal, Medchal Malkajgiri District Telangana Hyderabad. [OUT]

4. One CC to M/s K.ANITHA, Advocate IOPUC] 5. Two CD CoPies To SA BS \ I :' i .\.i \ I-".. ; 2025 (t 1\i -..'/ ./,/ HIGH COURT DATED:1610712025 ORDER WP.No.20362 of 20Zs DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. g /t. ,1.< L2 ,/z,nt /