High Court · 2025
Case Details
Acts & Sections
PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe 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 natule 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 5-403/673 (PTIN No 1150202196) Weaker Section' with a 11-.,:!.il > -j- Plinth area of 500.0 Sft of R.C,C,, and 700 0 Sft of A.C.C., land admeasuring 142.0 Sq.Yards or 118.7 Sq. Meters., In Survey No.'107, Situated at Suraram Colony, Suraram Village, Quthbullapur Mandal, Under GHMC Circle, Medchal- Malkajgiri District, Teiangana 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.[\4s. No. '121, Lr. No. E1ltVDLDl/153212017-1 , 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. E5/4730/Quthbutlapur/Suraram, dated 25.09.2013, and Deputy Collector and Tahasildar, Quthbullapur Mandal, Fite No. BlSB3l2O12, daled 17.02.2012, as illegal, arbitrary and unconstitution a I And consequenfly, to direct Respondent No. 3 to receive and register the Sale Deed presented by the Petitioners in respect of the said House No.5-403/673 (pTlN No..1 150202.1 96) Weaker Section, with a Plinth area of 500.0 Sft of R.C.C., and 700.0 Sft of A.C.C., land admeasuring 142.O Sq.Yards ot 118.7 Sq. tVleters., ln Survey No.107, Situated at Suraram Colony, Suraram Village, Quthbuitapur tt/landai, Under GHtVIC Circle, Medchal-Malkajgiri District, Telangana State, without reference to the above-mentioned G.O.[/s. No. '121, Gazette Notification RR No. g3, and related communications. |.A.NO:1 OF 2025 Petition Under section 1 51 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 respondent No. 3 to receive, register the Sale Deed in the House No.5- 4031673 (PTIN No.1150202196) Weaker Section, with a ptinth area of Sft of R.C.C., and 700.0 Sft of A.C.C., Iand admeasuring 142.0 Sq yards or 11g.7 Sq Meters., ln Survey No. 107, Situated at Suraram Colony, Suraram Wage, Quthbullapur Mandal, Under GHMC Circle, Medchal-tr/alkajgiri 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.12.l , Lr. No. EVMDL/D11153212017 -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. I I E5/4730/authbullapur/Suraram' dated 250g2013' and Deputy Collector and Tahasildar, Quthbullapur Mandal, File No' 8t583t2012' dated 17 02 2012' 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 iFr: .4 ': .} .,; ';, ,/ !' THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.23O1O of 2o25 ORDER: Heard learned counsel for the petitioners ald Ms. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perusecl the material on record. 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 releasing the Sale Deed presented by the petitioners in respect of suit schcdule property situated at Suraram Colony arrd Vil1age, Quthbullapur Mandal, under- GHMC Circle, I\,{edchal- Maikajgiri District, on the ground that the survey number in which the petitioners' property is situated has been notihed as a prohibited propert5r under G.O.Ms.No.121, Lr.No.E1IMDL/DI / 1532l2ol7-1, Revenue (Registration), dated 24.O'7.2024, and uncler Section 22-A of the Registration Act, uide Gazette Notihcation RR No.83, 2 SK, J W.P.No.2301O of 2025 l:r ,1 commrrnicated by the Joint Collector' Rangareddy uide Ftle No.E5 / 473O / Quthbullapur/ Suraram' dated 25.O9.2013, and Deputy Collector and Tahasildar' Quthbullapur Mandal, File No. P 1583/2012 dated 17'O2'2O12' the petitioners filed the present writ petition'
3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioners have approached this Court seeking registration of the document' If the petitioners present the same before the Registering authority' the respondents will receive the same and follow the procedr-rre as contemplated under Section 71 of the Registration Act' 1908 (for short,the Act, 19O8J'
4. The Section 71 of the Act, 1908' reads as follows: Reasons for refusal to register [o be recorded - (1) Every Sub-Registrar rehrsing 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 i I SKJ W.P.No.2301O of 2025 document; and, on application made by any person executing or claiming under the document, shall, u,ithout payment and unnecessary delay, give him a copy of the rcasons so recorded. (2) No registering officer shall accept for registration a documcnt so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. l I
5. In view of the above made submissions coupled w.ith the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release ther subject document, subject to the petitioners complying with the provisions of the Act, 1908 as weli 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 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 the petitioners to get the subject document registered. There shall be no order as lo costs. 4 SK, J W.P.No.23O10 of 2025 6 Miscellaneous Petitions, if any, pending in this writ petition sha-Il stand closed. \ To
1. T /,TRUE COPY" oepu?9/#csrB+St SECTION OFFICER he Princlpa I Secretary, Revenue DeP artment (S cretariat' State of Telang ana at HYderabad. Pin.500 02 trar, Medc e District Regis e Sub-Registrar' iri District, al-Malkajgiri District QuthbullaPur' hai-Malkajg Medch nd Registration) ' Telangan a-500 047 , Telanga na-500 Medc QUth hal-Malkalgt bullaPur Ma ri District' ndal, Med Telang chal-M ana-500 047 alkaigiri Dist rict, Telangana- Two CCs to GP FOR REVENUE' High Court for the State of Telangana at Se Th Th 055 The Collector' The Tahasildar' 500 055 ad. IouTl v H derab OneCCtoS Two CD CoPies RI K.KARUNAKAR, Advocate [OPUC]
2. 2
4. 5 7 B SA BS {$- .l a 'iI ,l \ I I \ (1 1 t1: SI4 /€ /'_-,<- o ,+ 11 ". 25 ruE m6 i,t t)t:.i,)lr+,.r-\ 1\ HIGH COURT DATED:0510812025 ORDER WP.No.23010 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. (r \6 d t