High Court · 2025

'1 . Sri. Nakka prakash, S/o.. Late. Nakka Narsiml.a,nSg,Q about 55 years, occupation. Business, nyo. Hrr.ro.-sri, olt-norrrrpur Virage and M6ndar, tVedcha t-rvla rkalgiri Disirici,-Terung;nrlsbb i6i. 2 srl_Nakka Nagaraju,.s/o. Nakka prakash, Aged about 26 years, occuoatron rmproyee, R/o H. ,No. 3_l ,_ outnoulrapui,iirrage InJ ,l,rr-j".o,ri"irrTotnrr tMatkajgiri District, Tetangrnr_bo6ts6]'rqvur v AND 1 2 J 4 ...PETITIONERS of .Tetangana, Represented by- its principat Secretary, Revenue Il: ^Sj?t" uepartment (stamps and Ri:gistratio" l,'s,ii*iJiiiliiyderabad. p in.5oo o22 The District Registrar, Arledchal-Malkajgiri District, Telangana-500 047. The Sub-Registrar, euthbullapur, Medchal_Malkajgiri District, Telangana_500 The Collector, Medchal_tVlalkajgiri District, Telangana_500 047. The Tahasildar, euthbullapur tVlandal, Medchal_t\rlalkajgiri District, Telangana_ ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ, order, or direction, more particurarry one in the nature of a Writ of Mandamus, declaring the inaction of Respondent No.3 in not receiving, registering, and rereasing the Gift Deed presented by the petitioners in respect of Plot No. 2/A (part), admeasuring 200.00 Sq. yards or 162.2 Sq. Meters, in Survey No. 4916, situated at Gajularamaram Village, euthbullapur Mandal, under GHIVIC Circle, euthbullapur, I\4edchal _ t\4alkajgiri District, Telangana state, on the ground that the survey number in which the petitioners. property is situated has been notified as prohibited property under Letter No' E1/IMDL/D1/1532t2o11-l,Revenue(Registration),daled24.O7.2024,andunder Section22-AoItheRegistrationAct,lg0B'videGazetteNotificationRRNo'83' communicated by the Joint Collector' Rangareddy' vide File No' E5/4730/Quthbullapur/Gajularamaram ' dated 25.09.2013, and Deputy Collector andTahsildar,QuthbullapurMandal,FileNo6tSB3t2Ol2'daled17'O22012'as illegal, arbitrary, and u nco nstitution a l And consequently' to direct Respondent No 3toreceiveandregistertheGiftDeedpresentedbythePetitionersinrespectof the said Plot No. 2/A (part), admeasuring 200 00 Sq Yards or 167 2 Sq lVleters' in Survey No. 49/6, situated at Gajularamaram Village' Quthbullapur Mandal' underGHMCCircle,Quthbullapur,It/edchal-MalkajgiriDistrict,TelanganaState, without reference to the above-mentioned Letter, Gazette Notification RR No 83' and related communications. IA 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 directRespondentNo'3toreceive,registertheSa|eDeedinrespectthePlotNo. 2/A (part), admeasuring 200 00 Sq Yards or 167.2 Sq. N,4eters, in Survey No situated at Gajularamaram Village, Quthbullapur [r'4andal' under GHMC 4916, QuthbullaPur, Medchal Malkajgiri District, Telangana State, on the Circle, groundthattheSUrveynumberinwhichthePetitioners,propertyissituatedhas beennotifiedaSaprohibitedpropertyundertheLr.No.EllMDLlo1l1532l2o17-1, Revenue (Registration), daled 24'07 '2024, and under Section 22-A oI lhe RegistrationAct,VideGazetteNotificationRRNo.83,communicatedbytheJoint Collector,Rangareddy,videFileNoE5/4730/Quthbullapur/Gajularamaram'dated

25.Og.2Ol3,andDeputyCollectorandTahasildar'QuthbullapurMandal'FileNo' 6t583t2012, dated 17.02-2O12' Pending Disposal of the Writ Petition' Counsel for the Petitioner : SRI K'KARUNAKAR Counsel for the Respondents : Ms.S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2L294 of 2025 ORDER: Heard Sri K. Karunakar, learned counsel for the petitioners and Ms. S. Sravanthi, 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 itseif.

2. Aggrieved by the action of the respondent No.3 in not receiving, registering and releasing the gilt deed presented by the petitioners in respect of plot No.2/A (part), admeasuring 2oo Sq.yards or 167.2 Sq.meters, in Survey No.49 / 6, situated at Gajularamaram Village, euthbullapur Mandal, under GHMC Circle, euthbullapur, Medchal_ Malkajgiri District, on the ground that the survey number in which the petitioners property is situated has been notified as prohibited property under Letter No.tr1lMDL /Dt / IS32/2Oj7_t, Revenue dated 24.O7 .2024, and under Section (Registration), 22-A of the o SK, J wP 21294 202s Registration Act, 1908, uide Gazette Notihcation RR No'83' communicated by the Joint Collector, Rangareddy, uide Ft'le No. E5 / 4730 / Quthbullapur/ Gajulararnararn, 25.O9.2013, and Deputy Collector & Tahsildar, Quthbullapur Mandal, uide Flle No.Bl583l2Ol2 dated L7 .O2.2012, the petitioners filed the present writ petition'

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the subject document, the petitioners have approached this Court seeking registration of the said document' If the petitioners present 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, 19OB (for short, the Act, 19O8)'

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded'- ( 1) Every Sub-Registrar refusing to reglster a document, except on the ground that the property to rvhich it rclates is not situated within his sub- district shall make an order of refusal and recordcd SK, .I wP 21294 2025 his reasons for such order in his Book No.2, endorse the words ,,registration refused,, on document; and, on application made by any person execuLing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of [he reasons so recorded. (2) No registering olficer shall accept for registration a document so endorsed unless and until, under Lhe provisiops hereinafter contained, the document is dirccted to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, l9Og, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the documents presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made ciear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to 4 SK, J wP 21 294 2025 get the subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this n'rit petition shall stand closed Sd/. V. KAVITHA PUTY REGISTRAR //TRUE COPY// SECTION OFFICER i To, 1 . The Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, State of Telangana, Hyderabad. Pin.500 022.

2. The District Registrar, l\,4edchal-Malkajgiri District, Telangana-500 047. 3. The Sub-Registrar, Quthbullapur, Ivledchal-tvlalkajgiri District, Telangana-500

4. The Collector, Ivledcha l-[,4alkajgiri District, Telangana-500 047. 5. The Tahasildar, Quthbullapur IVlandal, I\/edchal-Malkaigiri District, Telangana- 500 055

6. One CC to SRI K.KARUNAKAR, Advocate. [OPUC] 7. Two CCs to GP FOR STAIVPS AND REGISTRATION, High Court for the State of Telangana. [OUT]

8. Two CD Copies. BSK D\/ t HIGH COURT DATED:2310712025 O\' ( !1 l .) 12 rlJE 20h ,+ * o €g 6,,1r r; .-::_'_-j \ \i. C ORDER WP.No.21294 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS