✦ High Court of India · 25 Jul 2025

Smt Razia Bequm. Wo. SYed Ashfaq v. 1. T

Case Details High Court of India · 25 Jul 2025
Court
High Court of India
Decided
25 Jul 2025
Bench
Not available
Length
1,034 words

stitution of lndia praying that in the therewith, the High Court maY be particularly in the nature of Writ of espondent to register the Petitioners as in Survey No.9/e2, and Ac- 2-03 guntas in Survey No. 9le9/1@1, situated Mandal & District, Telangana State' de prohibited list (Under Section 22A'br R compliance of registration process, as illeg 19, and 300,4 of the Constitution of lndi Passbook Act 2021 (ROR Act, 2021), Respondent Tahsildar to receive and regi land vide Application No. 2500324937, in th interest of justice at IVlachanpally Village, Vikarabad ite this land does not fall under gistration Act) and despite the full , arbitrary, and violative of Article 14, and the Rights in Land Pattadar and consequentlY direct the 4th trar the sale deed of the Petitioners .*7 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petitron, the High Court may be pleased to direct the 4th Respondent Tahsildar to receive and registrar the sale deed of the Petitioners land admeasuring- Ac. 1-1 1 guntas in Survey No' 9/a2, and Ac 2-03 guntas in Survey No gl@/1@1, situated at Machanpally Village' Vikarabad Mandal and District Telangana state. vide Application No. 2500324937, in the interest of justice. Counsel for the Petitioner: SRI MOHD.ISMAIL KHAN Counsel forthe Respondents: Ms. S.SRAVANTH|, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER F__W THE HONOURABLE SRI STTCE K.SARATH WRIT PETITION No. 16o2 ot2O25 ORDER: Ijcard Mr. N4ohammcd Isr aii Khan; lcarned counsel lrrr thc petitioner and Ms. S.S avanthi, learned Assistant Govcrnment Pleader for Stamps and Registration appearing lor the re spondent Nos. I to 4 ith their consent, this n rit pctitron is disposcd o1' al. the sta c o[ admission itse]f.

2. Aggrieved by the inaction f the Respondent No.4 in refusing to receive, register nd release of sale deed prcsenteC b1, tiic pctitioncr in respect of the agricultural lar,-d admeasuring Ac. 1-11 gun as in Survey No.9/82 and hc.2-03 guntas in Survey No.9/A/ 1A1 situatecl at Machanpaliy Villagc, Vikaraba Ir4andal & District, the pel-itioner filed the present writ ct1tlon.

3. Learned Assistant Ciover ment Pleader for Stamps and Registration submits th t without presenting the subject document, the petitione has approached this Court sccking registration of the saici document. If the petitioner .> sx. ./ wP :21 602 2A25 present thc same before thc Registering author-ity, the respondents urill receivr: the same and follos' the procedure as contemplated under Scction 71 of thc llcgistration Act, 19O8 (for short, 'tl-rc Act, 1908')

4. The Scction 71 of the Act, 1908, reacls irs foliorvs: Reasons [or rcfusitl Lo registcr to l]c rccorrl(td.- (1) Dven Sub-l?cgistral rcfusing [o '.csisLcr a dor;nment, oxCCpt on tlte ground that thr' l)rollcrt\. to rvhir:h it rclates is ltoI situatcd u.ithr:r his strlt- district shall makt' zrn orclcr of rcfusal :rrrrl r.ccorclccl his rcasons lbr srrch ordcr in his Boo,i No.2, and enclorsc thr: worils "rcgistration refust.rl" on the docr-rment; and, otr application mzrde br iln\. person exe<:uting or cl.rinring undcr thc clocurrrt,r-tL, shall, q,ithout paymcnt :r ncl unnccessar.r, clelar . qivc him a copy of thc rcasor-rs so rccordcd. (2) No registerrng officer sfrall a<:cr:pt frr-r-i'sistrarron a dor:ument so endorscd urrlcss an<l untrl rncier the provisions hereinalter contained, the documeltL is directed to bc regis rcred.

5. In view o[ thc aborrc made submissions coupled rn,it.h the provision under Secrion 71 of the Act. l9Og. this u,rit petition is disposed ol directing the Registerir-rg Authority to receive. register and rr:leasc thc subjcct dot.umcnt, subjcct 3 SK, J wP 21602 2025 to the petitioner comPlYing wi the provisions of the Act, 1908 as well as the Indian Stam Act, 1899. It will be oPen to the llegistering AuthoritY to refuse the document prcsentcd before him, il he s any objection, bY dulY asslgnlng reasons 1n suppo t of such decision and communicate the said decision o the petitioner. It is made clear that this Court has not cxpressed any opinion on merits of the case as to the en tlement of the petitioner to gct the subject docurncttt regt tered. There shall be no order as to costs.

6. Misccllaneous Petitions, any, pending in this writ petition sha1l stald closed //TRUE CO SD/-M. OSMAN ALI BAIG ASSISTANT REGISTRAR SECTI OFFICER To,

1. The Principal Secretary, Revenue Telangana State. epartment, Secretariat, Hyderabad, 2 3 4 t 6 The District Collector, Vikarabad District Telangana State. The Revenue Divisional Officer, Vikarab d Division, Vikarabad District The Tahsildar, and Joint Sub-Registrar, ikarabad Mandal, Vikarabad District One CC to SRI MOHD.ISMAIL KHAN, Two CCs to GP FOR STAMPS AND State of Telangana at Hyderabad [OUT] vocate [OPUC] EGISTRATION, High Court for the 7 Two CD Copies Yr BSR BS HIGH COURT DATED:2510712025 I I ORDER WP.No.21602 of 2025 1HE o k /. {i l) \- \:; \,+ 11 tlJE Zrfi (. -. .// '\- '' i( i .-.7 .. a ,// DISPOSING OF THE WRIT PETITION, WITHOUT COSTS .da \0 ,) "Hr,

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