The High Court · 2025
Case Details
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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 No.4-52-325, (PTIN No'1261703489)' Consisting of Ground and First Floor, admeasuring 80.0 Sq'Yards or 66'88 Sq'Mtrs'' together with Plinth _ ,i':r+f4r-!,+ i/ area of 1140.0 Sq.Feet., of R.C.C. (G + I each Floor 570.0 Sq.Feet)., forming ln Survey No.348/1 , Situated at polala Basthi, Maqdum Nagar of euthbullapur Village and Mandal, Under GHM Circle, Medchal_Malkajgiri District, Telangana State, on the ground that the survey number in w situated has been notifi No E 1 /M D L/D .,,.,,r, ril ril,lli::::lffi#,.ilh :::ffi r :; under section 22-A of the Registration Act, vide Gazette Notification RR No. 83, communicated by the Joint Collector, nungroOOy, -;; " ' i E5/4730iQuthbu'apur/Quthburapur, l.r" dated 25togr2013,and Deputy corector and Tahasirdar' Quthbu'apur Mandar, Fire No. ,,158312012, dated 17102/2012, as illegal, arbitrary and unc No 3 to rece ve,"o,"n,.ii;:'J::; j:i:::H; ffi "':"1[::::: i:::::; of the said House No.4_52-325, (pTlN No.126170348g), Consisting of Ground and First Floor, admeasuring g0.0 Sq.yards or 66.8g Sq.tvltrs., together with Plinth area of 1140.0 Sq.Feet., of R.C.C. (G + 1 each Floor 570.0 Sq.Feet)., forming ln Survey No.348lj, Situated at polala Basthi' Maqdum Nagar of Quthbullapur Village and Mandal, Under GHMc circle' Medchal-Malkajgiri District, Terangana state, without reference to the at G o Airs No' 121, GazetteNotification RR No. 83, and rerated ."#::;::::::ed t.A.NO:1 OF 2025 ;,," petition Under Section '15'r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct Respondent No.3 to receive, register the sare Deed in respect the House No.4-52-325, (pTtN No. admeasur ns B0 0 sq y,,::'J,1'iii'l; i?l:l[:,J,;,,,"#;T": ,"T,;["; il iiii; 3L,l;L,-:n",. ' each Floor 570 0 sq Feet) , rormins rn survev Ma nda, U nd e r G H M c . ;:L: il:::#ffii: [,[:il;: the ground that the surve has been notiried as ,'rffi;:j.:"r:j;:lJt:fftitioners EltMDLtDl/1532/2017_1, "::T::,11H,ll:f.,:: propertv is situated Revenue (Resistration),;1r"."r";Tii,J;ill"..l")1,. Section 22-A of the Registration Act, vide Gazette Notification RR No. 83, ; ! I ( I communicated by the Joint Collector, Rangareddy, vide File No. E5/4730/Quthbullapur/Quthbullapur, dated 25.O9.2013, and Deputy Collector and Tahasildar, Quthbullapur Mandal, File No. B.158312012, dated 171Q212012, Pending Disposal of the writ petition. Counsel for the Petitioners : SRI K.KARUNAKAR Counsel for the Respondents : Ms. S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the following ORDER .:*ar-' I I I I I I I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.23O15 of 2O25 ORDER: Heard learned counsel for the petitioners and Ms. S.sravanthi, learned Assista,t Government preader for Stamps and Registration appearing for the respondents and perused the materia-l on record. With their consent, this r,r,rit petition is disposed of at the stage of admission.
2. Aggrieved by the action of the respondent No.3 in not receiving, registering and releasing of the sale deed presented by the petitioners in respect of suit schedule property situated at polala Basthi, Maqdum Nagar of Quthbullapur Village and Mandat, Under GHMC Circle, Medchal-Malkajgiri District, 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. 12 1, Lr.No. tr I / MDr, / D I / tS32 / 20 tZ _1, Revenue (Registration) dated 24.02.2024 and under Section 22_A of the Registration Act, uid,e Gevette Notilication RR No.g3, communicated by the Joint Collector, Ranga Reddy ulde : \ o SK, J W.P.No.23O1 5 of 2025 File No.E5/4730/Quthbullapur dated 25'09 2OI3 and DeputY Collector and Tahasildar, Quthbullapur Mandal' uid.e file No.B/ 583/2O12 dated, 17 .O2.2O12, the Petitioners frled the Present writ Petitton' 3. Learned Assistant Government Pleader for Stamps and Registration subrrrits that udthout presenting the document, the Petitioners have approached this Cotrrt seeking registration of the document lf 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' 1908 (for short, 'the Act' 1908')'
4. The Section 71 of the Act' 19OB' reads as follows: Reasons for refusal to registcr to be rccorded - (1) Every Sub-Registrar refusing to register a document' except on the ground' that the property 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 thc clocument' sh-all' L .z/" i I ..{r&. *ry ,/ I I I I I I ! ; I .SK, J W.P.No.23015 of 2O2S 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, [he document is directed to be registered. ? t
5. In view of the above made submissions coupled with the provisi<)n under Section 71 of the Act, i9Og, this writ: petition is clisposed of directing the Registering Authority to receive, register and release ttre 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 document presented before him, if he has any objection, by duty 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 shal be no order as lo costs. 4 SK.,r W.P.No.23O15 of 2O25 6,MiscellaneousPetitions,ifany,pendinginthiswrit petition shall stand closed' //TRUE COPY// D/.A. SRINIVASA REDDY ISTANT REGISTRAR SECTION OFFTCER To Secretariat, State of Telang ana at HYd erabad. Pin 500 022
1. The PrinciPa I Secretary, Revenue DeP artment (St 2. The District Registrar, Medc hal-Malkajg iri District, Telang ana-500 047 3. The Sub-Registr ar, Quthbull apur, Medc hal-Malkaigiri Dist rict, Telangana-500 +?fl Scorr""tery:g:I:l-,,Hf ,^?:'"?:::'ffi 5. The Tahasildar, Outhbul nd Registration)' :.'"fl 3ilfl Telangana- 'T'?;irll3i",;", ?3u1t33; to GP FoR REVENUE' High court for the state of relansana at 3I1"3t?3 tt8,',I**, *o*R, Advocate toPUCl Two CD CoPies 6
7. o. SA LS I I t' a t l I t; l .. .l l l l I t, !l \ t I a $. .,1 l HE SJA 14: t' :.) ! ;.; 'r) 25 TIJE -)' HIGH COURT DATED:0510812025 ORDER WP.No.23015 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. q d{