✦ High Court of India · 26 Aug 2025

The High Court · 2025

Case Details High Court of India · 26 Aug 2025
Court
High Court of India
Decided
26 Aug 2025
Bench
Not available
Length
1,221 words

2. Smt. Bansode-Swapna, Wo. Bansode Sopan, aged about 43 years, Occ.. House wife, Rl/o. House No. 04-163/1 , Near [vlB Grammar School, Suraram Colony, Quthbullapur Mandal, Medchal Malkajgiri Dist, Telangana State-500 o55 ...PETtrtoNERs AND

1. The State of Telangana, Represented by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad. Pin 500 022.

2. Th6 District Registrar, Medchal-Malkajgiri District, Telangana-500 O47. 3. The Sub-Regislrar, Quthbullapur, Medchal-Malkajgiri District, Telangana-500

4. The Collector, Medchal-l\ilalkajgiri District, Telangana-500 047. 5. The Tahasildar, Quthbullapur Mandal, Medchal-Malkajgiri District, Telangana-

055. ,500 055. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the inaction of Respondent No.3 in not receiving, registering, and releasing the Sale Deed presented by the Petitioners in respect of House Bearing No.03-383 its PTI No. 1 1 50201 1 12, land admeasuring 142.0 Sq. Yards or 1'18.71 Sq. Mtrs., with Plinth area of 840.0 Sq. Feet of ACC, in Survey No. 107, Situated at Suraram Colony of Suraram Village, Quthbullapur Mandal, Medchal-Malkajgiri District, Telangana State, on the ground that the survey number in which the Petitioners' property is situated has been notified as a prohibited property under G.O.Ms. No. '121, Lr. No : I I i, E|/MDL/D1i153212017-1 , Revenue (Registration), dated 2t.)1 .2024, and under Section 22-A of the Registration Act, vide Gazette Not f :ation RR No. g3, communicated by the Joint Collector, Rangaredd y vide File No. E5/4730/Quthbullapu r/Gajularama ram, dated 25.09.2013, ,r rd Deputy Collector and Tahasildar, Quthbullapur Mandal, File No. BlSB3l2O12 dated 17.02.2012. as illegal, arbitrary and unconstitutional And consequently, t,direct Respondent No. 3 to receive and register the Sale Deed presented : I the petitroners in respect of the said House Bearing No.03-383 its pTl N,r 1150201112, land admeasuring 142.0 Sq. Yards or 118.71 Sq. Mtrs., with plir h area of 840.0 Sq Feet of ACC, in Survey No. 107, Situated at Suraram Colorl of Suraram Village, Quthbullapur Mandal, Medchal-Matkajgiri District, Telang:na State, without reference to the above-mentioned G.o.Ms. No. 12i, Gazette Notification RR No. 83, and related communications lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the : rcumstances stated in the affidavit filed in support of the petition, the High cou r may be pleased to direct Respondent No. 3 to receive, register the sale Deed ir respect the House Bearing No.03-383 its PTI No. 1150201112, land admeasur ng 142.0 Sq. yards ot 118.71 Sq.,lr/trs., with Plinth area of 840.0 Sq. Feet o{ \CC, in Survey No. 107, situated at suraram colony of suraram Village, o rthbullapur Mandal, Medchel-Malkajgiri District, Telangana State, on the gror rd that the survey number in which the Petitioners' property is situated har; been notified as a prohibited property under G.o.tVts. No. 121, Lr. No. Ellt'ri)LtD1t1s32l2o17-1 , Revenue (Registration), dated 24.07.2024, and under rl )ction 22_A of the Registration Act, vide Gazette Notification RR No. g3, cc nmunicated by the Joint No. E5/4730/Quthbullapu r/Gajularamaram, dated 25.09.20'1 3, ,r rd Deputy collector & Tahasildar, Quthburrapur Mandar, File No. Btsg3l2olr: dated 17.02.2012. Pending Disposal of the Writ Petition Collector, Rangareddy, vide File Counsel for the Petitioner: SRl. K. KARUNAKAR Counsel for the Respondents: Ms. S. SRAVANTHI, AGP FOR STAMPS AND REGISTII \TION The Court made the following: ORDER ('.. THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.22287 of 2o25 ORDER: Heard Mr. K.Karunakar, learned counsel for the petitioners and Mrs. S.Sravanthi, learned Assistalt Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the Respondent No.3 in not receiving, registering and releasing the sale deed presented by the petitioners 1n respect of the residential house bearing H.No.O3-383 (Pfl No.1 1502O1112), land admeasuring 142.0 Sq. Yards in Survey No.1O7 situated at Suraram Colony of Suraram Village, Quthbullapur Manda-l, Medchal Matkajgiri District, the petitioners filed the present writ petition.

3. Learned Assistalt Government Pleader for Stamps and Registration submits that without presenting the subject document, the petitioners have approached this r> Court seeking registration of the said dr cument. If the petitioners present the sarrre before the Registering authority, the respondents will receive thc same and follou' the procedure AS contemplated under Sr ction 71 of the Registration Act, 1908 (for short, 'the Act. J908')

4. The Section 7l of the Act, 1908, reads as follows: Rcasons for refusal to register to be reco ded.- (1) Every Sub-Registrar refusing to register a documcnt, except on the ground that t1r propert], lo which rt relates is not situated witlt n his sub district shall make an order of refusal z nd recorded l-ris reasons for such order in his Bo: < No.2, and endorse the words "registration reii: ed" on the documcnt; and, on application made L ' anv person cxecuting or claiming under the doc-; nent, shall, without payment and unnecessary delzr. , give him a copy of the reasons so recorded. (2) No registering officer shall accept f<,: registration a document so endorsed unless and ur r Ll, under the provrsions hereinafter contained, the iocument is directed to be registered. 5 In view of the above made submissi )ns coupled with the provision under Section 71 of the A<: , 19O8, this writ petition is disposed of directing the Regisl.r ring Authority to 3 receive, register and release the subject document, subject to the petitioners complying with the provisions of the Act, 19OB 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 duiy assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners 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. SD/. M. JAWAHAR REDDY ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To,

055. Secretariat, T.S.,Hyderabad. Pin.500 022'

1. The Principal Secretary, Revenue Department (Stamps and Registration), 2. The Districi Registiar, Medchal-Malkajgiri Dlstrict' Telangana-500 047' 3. The Sub-Regis[rar, Quthbullapur, Meclchal-Malkalgiri District, Telangana-5uu 4. The Collector, Medchal-Malkajgiri District, Telangana-500 047. S. The Tahasildir, Quthbullapur ifrandal, Medchal-Malkajgiri District, Telangana- 6. One CC to SRl. K. KARUNAKAR, Advocate IOPUC] 7. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the 500 055. State of Telangana at Hyderabad [OUT] B. Two CD Copies BM GJP NT HIGH COURT DATED:2610812025 ORDER WP.No.22287 of 2025 Itt HE SIA c C) 9 JAlll 2U6 r" .--.,.'a , l) j:_ a.:. DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^I1 uql'\"

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