✦ High Court of India · 28 Aug 2025

The High Court · 2025

Case Details High Court of India · 28 Aug 2025

1. Smt. G. Manikyamma, W/o. Late G. Simon Reddy, aged about 85 years, Occ ; House wife, Rl/o. H.No. l8-460, Mallikarjuna Nagar, Near Mallikarjuna Nagar Bus Stop, Malkajgiri, Hyderabad- 500047.

2. Sri. Gajawada Gopal Reddy, S/o. G.Chandra Reddy, aged about 41 years, Occ ; Pvt. Employee, R/o. H.No.5-1 19, Suraram Colony, Outhbullapur Mandal Medchal-Malkajgiri District, T.S. -500055. .....PETITIONERS AND 1 . The State of Telangana, Represented by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad. Pin.500 022.

2. .The District Registrar, Medchal-Malkajgiri District, Telangana-500 047. 3. The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District, Telangana-500

4. The Collector, Medchal-Malkajgiri District, Telangana-s00 047. 5. The Tahasildar, Quthbullapur Mandal, Medchal-Malkajgiri District, Telangana- 500 055. .....RESPONDENTS Petition Under Article 226 ot 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 Agreement Of Sate-Cum-General Power Of Attorney With Possession presented by the Petitioners in respect of House Bearing No.02-084/6/7 and its PTI No. 1250114033, With a plinth area of 850.0 Sq. Feet in Ground Floor and 850.0 Sq. Feet in First Floor, total Built area comes 1700.0 Sq. Feet of RCC, on plot No. 351, and land admeasuring 100.0 Sq. yards or 83.6 Sq. Mtrs., Mtrs., in Survey No.107/7, Covered Under Block No. 2 and Ward No. 1, Situated at Dayanand Nagar, Sunder Nagar, Suraram Colony of Suraram Village, Quthbulrapur Mandar, Under GHMC Limits, Medchar -Markajgrri 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 the Lr. No. E1IMDL/D1/1532t2or7-1 , Revenue (Registration), dated 24.0r.2024, and under Section 22-A of the Registration Act, vide Gazette Notification RR No. 83, communicated by the Joint Collector, Rangareddy, vide File No. E5/4730/Quthburrapur/Gajuraramaram, dated 2s.0g.20.r3, and Deputy coilector and rahasildar, Quthbulrapur Mandar, File No. Blsl3tzo,r2, dated 17.02.2012, as illegal, arbitrary and unconstitutional, And consequen y, to direct Respondent No. 3 to receive and register the Sale Deed presented by the petitioners in respect of the said House Bearing No.02-084/6/7 and its pI No. .1250114033, with a plinth area of 850.0 Sq. Feet in Ground Froor and g50.0 sq. Feet in First Froor, totar Built area comes 1700.0 Sq. Feet of RCC, on plot No. 3S1 , and land ad measuring 100.0 Sq. yards or g3.6 Sq. Mtrs., Mtrs., in Survey No.107/7, Covered Under Block No.2 and Ward No. .1, Situated at Dayanand Nagar, Sunder Nagar, Suraram colony of Suraram viilage, euthbuilapur Mandar, Under GHMC Limits, Medchal -Malkajgiri District, Telangana state, without reference to the above_ mentioned letter, Gazette Notification RR No. g3, and related communications. l.A.NO:1 202 Petition Under Section 1sl cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct Respondent No. 3 to receive, register the sare Deed in iespect the House Bearing No.02-084/6/7 and its pr No. 12501 14033, with a printh area of 850.0 sq. Feet in Ground Floor and 850.0 sq. Feet in First Floor, total Built area comes 1700.0 sq. Feetof RCC, on prot No.351, and rhnd admeasuring.r00.0 sq. yards or 83.6 sq. Mtrs., Mtrs., in survey No.107/7, covered Under Brock No. 2 and Ward No. 1, Situated at Dayanand Nagar, Sunder Nagar, Suraram Colony of suraram viilage, Quthbufiapur Mandar, Under GHMC Limits, Medchar - Markajgiri 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 the Lr. No. E1IMDL/D1 1153212017-1, Revenue (Registration), dated 24.07.2024, and under Section 22-A of the Registration Act, vide Gazette Notification RR No. 83, communicated by the Joint Collector, Rangareddy, vide File No. Esl473}lQuthbullapur/Gajularamaram, dated 25.09.2013, and Deputy Collector and Tahasildar, Quthbullapur Mandal, File No. 8/58312012, dated 17.02.2012, Pending disposal of the writ petition. Counsel for the Petitioners : SRI K.KARUNAKAR Counsel for the Respondents : AGP FOR REVENUE The Court at the stage of admission made the following ORDER a. \ THE HONOURABLE SRI JUSTICE K.SARATH IWIIfri No.21 477 of 2O25 ORDER: Heard learned counsel for the petifioners and 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.

2. Aggrieved by the action of the respondent No.3 in not receiving, registering and rerleasing the Agreement of Sale- cum-General Power of Attorney with possession presented by the petitioners in respect of House bearing No.o2- oB4/6/7 and its PTI No.125o114033 with a plinth area of 850.0 sq. feet in Ground Floor and 850.0 sq. feet in First Floor, total Buitt a-rea comes 1700.0 sq. feet of RCC on plot No.351 and land admeasuring 100.0 sq. yards or g3.6 sq. mtrs in sy.No .Lor /7 covered under Block Nq.2 and ward No.1 situated at Dayanand Nagar, sunder Nagar, suraram colony of suraram Village, euthbullapur Manda under 2 SK, J WP No.21877 of 2025 GHMC limits, Medchal-Malkajgiri District, the petitioners filed the present writ petition.

3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 7l of the Registration Act, 1908 (for short, 'the Act, 1 eo8 ).

4. The Section 71 of the Act reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, except on the grorrnd that the irroperty to which it relates is not situated within his sub- district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. i 3 SK, J WP No.21877 of 2025

5. In view of the above made submissions coupled with the provision under Section 7l of the Act, 190g, this writ petition is disposed of directing the Registering Authority to receive and register the sale deed presented by the petitioners subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before it if there is any objection by duly 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 tire petitioners to get the subject document registered.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs. //TRUE COPY// M. JAWAHAR RE SECTION OFFICER To

1. 2 3. 500 055. I The collector, lVledchal-I\ralkajgiri District, Telangana-soO 047. 5. The Tahasildar, Quthbullapur Mandal, Medchal-illalkajgiri District, Telangana- 6. Two ccs to GP.FoR REVENUE, High court for the state of relangana at 7. One CC to SRI K.KARUNAKAR, Advocate tOpUCl 8. Two CD Copies Hyderabad. [OUT] SA GJP pmq. I I s O a 7 iiri 2026 'r" .a: * t\, HIGH COURT DATED:2810812025 ORDER WP.No.21877 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. *>-ltAtry

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