High Court · 2025
Case Details
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 Writ. Order or direction more particularly one in the nature of Writ of l\/andamus declaring the action of the respondent No.3 i.e., The Sub- Registrar, Qutbullapur, I\zledchal- Malkajgiri District, in refusing to register and release the Sale Deed vide Pending Document i.e., P.No.98/2025 dated 30.06.2025, presented by the Petitioner in respect of all that the Plot No. D-03, of Mahadevapuram Residential Project, Phase-lll, admeasuring 200 Sq. Yards, or 167.2 Sq. Iv1trs., in Sy.Nos.329/4 and 329/5, situated at Gajularamaram Village, Quthbullapur Mandal Under GHIi/C Gajularamaram Circle, Medchal- Matkajgiri District, by way of issuing lntimation of RefusalNo.38l2O2l dated 01 .O7.2025, on the ground of letter vide Lr.No.EllMDLlD1l153212017-2 dated 24-07-2024, issued by the respondent no.2 as illegal, arbitrary, in violation of Articles 14, 21 and 300-4 of Constitution of lndia and also in violation of Registration Act, 1908, besides in violation of principles of natural justice and consequently to direct the respondent No.3 herein to register and release the Sale Deed vide Pending Document i.e., P.No.98/2025 dated 30.06.2025, presented by the Petitioner in respect of all that the Plot No. D-03, of lVlahadevapuram Residential Project, Phase-lll, admeasuring 200 Sq. Yards, or 167.2 Sq. Mtrs., in Sy.Nos.329/4 and 329/5, situated at Gajularamaram Village, Quthbullapur Mandal, Under GHMC Gajularamaram Circle. IVIedchal- lValkajgiri District, by setting aside the lntimation of Refusal No.38/2025 dated 0'1 .07.2025. 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 respondent No.3 herejn to register and release the Sale Deed vide Pending Document i.e., P.No.9B/2025 dated 30.06.2025, presented by the Petitioner in respect of all that the Plot No. D-03, of IVlahadevaptrram Residential Project, Phase-lll, admeasuring 200 Sq. Yards, or 167.2 Sq. [Vltrs., in Sy.Nos.329/4 and 32915, situated at Gajularamaram Village, euthbullapur IVlandal, Under GHMC Gajularamaram Circle, lVledchal- N/alkajgiri District, by suspending the lntimation of Refusal No.38/2025 dated 01 .O7.2025, pending disposal of the above writ petition. Counsel for the Petitioner: SRI N.KRISHNA SUMANTH Counsel for the Respondents: AGP FOR STAMPS AND REGTSTRATTON The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K'SARATH WRIT PETITION No.zos09 OF 20.25 oRDER: Heardlearnedcounselforthepetitionerandlearned Assistant Government Pleader for Stamps and Registration for the respondents' With their consent' this Writ Peititon is disposed of at the stage of admission itself'
2. Learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the order passed by this Court in W'P'No'37 181 of 2024' \ I I I dated,22.04.2025and,requestedtopasssimilarorderin this matter also' 3. Learned Assistant Government Pleader for Stamps and Registration has not d'isputed the submission made by the learned counsel for the petitioner with regard to the disposal of the W'P'No'37181 of 2024' clated 22'04'2025 and requested to pass appropriate orders' In view of the order passed by this Court ln 4. W.P.No.371B1 of 2024' daLed' 22'04'2025 and for the-' 2 SK' J W.P.No.20509 OF 2025 reasons mentioned therein, this writ petition is disposed of by setting aside the impugned initimation of refusa'l No'38 of 2025, dated 01.07.2025 and the respdonent No'3 is directed to register and release the subject document subject to the petitioner complying with the provisions of the Registrtion Act, 19O8 as well as the Indian Stamp Act,
1899. No order as to costs 5 Miscellaneous applications, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. A. SRINIVASA REDDY NT REGISTRAR AS I ECTION OFFICER To,
1. The Principal secretary (stamps and Registration), secretariat, Hyderabad, State of Telangana.
2. fhe District Collector, Medchal- Malkajgiri District. 3. The Sub- Registrar, Qutbullapur, lvledchal: Malkajgiri District' 4. The Commissioner, and lnspector General of Registration and Stamps, Telangana, Hyderabad.
5. One CC to SRI N.KRISHNA SUMANTH, Advocate [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Cou( for the State ofTelangana at Hyderabad [OUT]
7. Two CD Copies (Along with the copy of order daled 22-04.2025, in W'P'No'37181 of 2024) BSR GJP HIGH COURT DATED:17t0ZtZOZs -4' .'/ai': t, |, ,, . J ! a,\ l, rr l- o '+ 30JUt m (' f ; ( ORDER WP.No.20509 of 2O2S ,,- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS THE HONOURABLE SRI JUSTICE K.SARATH 1I/.P.No.3718L of 2024 This writ petition is frled questioning the action of the respondent No.3 in refusing to register and release the sale deed vide Document P.No.25Ol2O24 dated 10.12.2024 presented by the petitioner 1n respect of Plot No.G-2/A admeasuring 20O sq. yards 1n Sy.No.329l 1O situated at Mahadevapuram Residentia-l Project Phase-III, Gajularamaram Village under GHMC Circle, Medchal Malkajgiri District, by the Intimation of Refusal No.88 of 2024 dated 1 1.12.2024, as illegal and arbitrary.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration.
3. Learned Assistant Government Pleader for Stamps and Registration has produced letter No.6/2025 dated O2.O1.2025 issued by the respondent No.3-Sub-Registrar stating that for compliance of the orders of this Court in W.P.No.29089 dated 1 8. lO .2024 , the petitioner has to represent the sale deed before the respondent No.3 and if the petitioner presents the said sale deed for registration, they will receive the same 2 SK, J W P.No.37181 of 2024 and examine the recitals of the document as per the provisions of Indian Stamp Act, 1899, Registration Act, 1908 and after following the instructions of the Government issued in the matter from time to time, they rvill register the document if otherwise in order and the same rvill be returned to the petitioner
4. In view of the submission of the learned Assistant Government Pleader for Stamps and Registration, the Writ Petition is disposed of by setting aside the impugned Intimation of Refusal No.88 of 2024 dated 1L12.2024 and the respondent No.3 is directed to register and release the subject document subject to the petitioner complying with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act, 1899. No order as to costs.
5. Miscellaneous Applications, if any pending in this writ petition, shal1 stand closed Date:22.O4.2025 JUSTICE K.SARATH