✦ High Court of India · 24 Jul 2025

The High Court · 2025

Case Details High Court of India · 24 Jul 2025
Court
High Court of India
Decided
24 Jul 2025
Bench
Not available
Length
1,058 words

THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITI ON NO:2 1365 0F 2025 Between: Smt. S. Sri Lakshmi @ Tho about 52 vears, OccuPation Vihar Aoirrtments, Adarsh 500064 Aadhar Card No. 47 ta Sri Lakshmi, Wo. Late S. Ramana Rao, Aged -il'.i;;ii. Clb. Flat No S-5' 2nd Floor, Adarsh Nagar, Hyderabad District, Telangana state - 55 8992 4044 ...PETITIONER AND

1. The State of Telangana, Rep by its Principal Secretary Revenue Department (Stamps and Registraiil;i, 6,.-6 R Ambebkar T-e^19199na Secretariat b;iili;s, riyoera6aa District, Telangana State - 500022

2. The Commissioner and lnspector General of Registration and Stamps' Hyderabad District, Telangana State'

3.TheDistrictRegistrar,PrashantNagar,lDAKukatpally-,^Kukatpally, " i;6il;4, na"nga nLaot District, Telangana state - 500072 4. The Sub-Registrar' Serilingampally, 761134' Anjaiah Nag^ar' Gachibowli' - Hfi""t;ild, "F6g; R;dAv-Dist'nct,'Telangana state - 500081' ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleasedtoissueanorderordirectionmoreparticularlyoneinthenatureofWritof MANDAMUS by declaring the action of the 4th respondent in refusing to register theSaleDeedoverthepropertyNorthernPartofPlotNo.2TlPartadmeasuring 116 Sq.yards (out of 342 Sq.yards) in Sy'No87' BBl2 and 89/2 situated at Alind Machinery Division Employee Co-Op, Housing Society Ltd ' rest of the area in Block No.1 3, of serlingampally Village, under GHMC, Serilingampally Mandal' Ranga Reddy District, presented by the petitioner without assigning any reasons and though the said property is not included in the prohibitory list as prepared U/S 22-A of Registration Act, 1908 as illegal, arbitrary and wlthout jurisdiction and consequently direct the 4th respondent to register the above Sale Deed over the property Northern Part of Plot No.27lPart admeasuring 1 16 Sq.yards (out of 342 Sq.yards) in Sy.No.87, BBl2 and 89/2 situated at Alind Machinery Division Employee Co-Op., Housing Society Ltd., rest of the area in Block No.13, of Serlingampally Village, under GHMC, Serilingampally [\/andal, Ranga Reddy D istrict. 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 4th respondent to register the Sale Deed over the property Northern Part of Plot No.27lPart admeasuring 1 '16 Sq,yards (out of 342 Sq.yards) in Sy.No.87, BBl2 and 89/2 situated at Alind Machinery Division Employee Co-Op., Housing Society Ltd., rest of the area in Block No. l3, of Serlingampally Village, under GHMC, Serilingampally Mandal, Ranga Reddy District, pending disposal of the writ petition. Counsel for the Petitioner : SRI THAKUR CHANDRA KAMAL SINGH Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER ( THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.21365 OF 2025 ORDER: Heard Mr. T.C.K. Singh, learned counsel for the petitioner and Mrs. S.Sravanthi, learned Assistant Government Pleader for Stamps ald Registration appearing for the respondent Nos. 1 to 4. With their consent, this writ petition is disposed ol at the stage of admission itself.

2. Aggrieved by the inaction of the respondent No.4 in refusing to register the sale deed over the northern part of the Plot No.27 lPafi, admeasuring 1 16 Sq.yards (out of 342 Sq.yards) in Sy.Nos.87, 8812 and 8912 situated at Alind Machinery Division Employee Co-operative Housing Society Limited, rest of the area in Block No. 13 of Serilingampally Village, under GHMC, Serilingampally Mandal, Ranga Reddy District, the petitioner filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the subject documents, the petitioner has approached this 2 SK, J wP 21365 2025 Court seeking registration of the said documents. If the petitioner present the safire before the Registering authority, the respondents will receive the same ald follow the proceclure AS contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908J.

4. The Scction 71 of the Act, 1908, reads as follows: Re:rsons for refusal to register to be recordt.ci.- (l) trvery Sub-Registrar refusing to rcgister a docurncnt, except on the ground that the propcrtv to wh ictr rt re lates is not situated within his sub- disrrict shall make an order of refusal anci rccorded his reasons for such order in his Book No.2, and enoorse the words "registration refuscd" on thc dor:urnent; and, on application made by alry pcrson exccuting or claiming under the documenL, shall, without payment and unnecessary delay, givc hirn a copy of the reasons so recorded. (2) No registering officer shall accept for rcgistration a document so endorsed unless and until, uncler the provisions hereinafter contained, the document is dirccted to be registered.

5. In vierv of the above made submissions coupled w.ith the provision under Section 71 of the Act, 190g, this writ petition is disposed of directing the Registering Authority to 3 SK, J wP 21365 2025 receive, register and release the subject documents, subject to the petitioner complying with the provisions of the Act, 19O8 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the docurnents 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 documents registered. There sha-ll be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/.A.V.S.. PRASAD EPUTY REGISTRAR t To, /ITRUE COPY// SECTION OFFICER

1. The Principal Secretary Revenue Department (Stamos and Reqistration)' Dr' B.R. Ambedkar f eangana"'Sic-r"t'ri5ia'itoingi' Hydbrabad District' State ot i.rlngJ"r, Telangand state - 500022'

2. The Commissioner and Inspector General of Registration and Stamps' Hyderabad District, Telangana state' 3, The District Registrar, Prashant Nagar. IDA Kukatpally' tfYlqtpally' " Hfi"?"uH, ri"a,n;; RAdv Di-'tn"i, t"iing"na state -500072' 4. The Sub-Registrar, Serilingampally' 76t134'Anjaiah Nag^ar' Gachibowli' - 5. One CC to SRI THAKUR CHANDRA KAMAL SINGH' Advocate lOPUCl 6TwoCCstoGPFoRSTAMPSANDREGISTRATIoN,HighCourtforthe - R;ddl,biii?lii,'ietangana state - 50008'1' ";;b;,i:"ffis; Hfi State of Telangana' [OUT] 1

7. Two CD CoPies. Eer \+/ I I HIGH COURT DATED:2410712025 l ORDER WP.No.21365 of 2025 -(HE S r.t o$ 'c ) o * 05 AUE 205 .-:-::-/ / DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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