Mandagadla Prasad v. The State of Telangana

nstitution of lndia praying that in the therewith, the High Court may be particularly one in the nature of Writ of Mandamus declaring the action of the receive and register memorandum of d petitioner's Plot bearing No.91/4, admeas espondents No.4 herein in refusing to osit of title deeds in respect of the ring 153.0 Sq.Yards or 127.9 Sq.tr/trs, in Survey No.748, situated at Dundigal V Gandimaisamma Mandal, Medchal - IV'la reason has been illegal arbitrary un.iust lage, Dundigal Municipality, Dundigal- kajgiri District, without assigning any d un constitution and contrary to the 7 section 7'1 of Registration act 1908 and consequently direct the respondents to receive the Memorandum of Deposit of Title Deeds that may be submitted by the petitioner in respect of the subject matter land and return the same after registering, in the interest of justice. |.A.NO:1 OF 2025 Petition Under Section 151 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 respondents to receive, register and return the lVlemorandum of Deposit of Title Deeds that may be submitted by the petitioner in respect of Plot bearing No.91/4, admeasuring 153.0 Sq.Yards ot 127.9 Sq.Mtrs, in Survey No.748, situated at Dundigal Village, Dundigal tvlunicipality, Dund igal-Gandimaisamma Mandal, tVedchal -Malka.igiri District, in the interest of iustice Counsel for the Petitioner : SRI A.GOPALA KRISHNA Counsel for the Respondents : SMT S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE S JUSTICE K.SARATH WRIT PETITI ON .22a46 of 2025 ORDER: Heard A. Gopala Krish a learned counsel for the petitioner and Smt. S.Sr vanthi, learned Assistalt Government Pleader for Stam and Registration appearing for the respondents. With their consent, this Writ Petition is disposed ofat the stage ofadm ssion itself.

2. Aggrieved by the action o respondent No.4 in refusing to receive and register mem randum of deposit of title deeds in respect of the petiti ner's Plot bearing No.91/4, admeasuring 153.0 Sq.Yards i Survey No.748, situated at Dundigal Village, Dundigat Municipality, Dundigal- Gandimaisamma Mandal, Med hal - Malkajgiri District, the petitioner hled the present writ etition.

3. Learned Assistant Gove ment Pleader for Stamps and Registration submits th t without presenting the subject document, the petition has approached this Court seeking registration of the said document. If the petitioner presents the same before the Registering authority, the .> 1 respondents will receive the same and follorv the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908J.

4. Section 71 of the Act, 1908, reads as follows Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated withir-r his sub district shal1 make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" cn thc docurnent; and, on application made by any person executing or claiming under the document, shaii, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering ofhcer shall accept for registratton a document so endorsed unless and unti1, under the provisions hereinafter contained, the document is directed to be registered. In view of the above made submissions coupled with

5. the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document that may be presented by the petitioner in respect of the subject 3 property, subject to the pe tioner complying with the provisions of the Act, 1908 as 1l as the Indian Stamp Act,

1899. It will be open to the R gistering Authority to refuse the document presented befor him, if he has any objection, by duly assigning reasons in upport of such decision and communicate the said decisio to the petitioner. It is made clear that this Court has no expressed any opinion on merits of the case as to the e titlement of the petitioner to get the subject document re stered. There shall be no order as to costs.

6. Miscellaneous Petitions, any, pending in this writ petition shall stand closed. //TRUE C SD/.A. PRATHIMA DEPUW REGISTRAR SEc+roh oFFIcER

1. The Principal Secretary, Revenue (Reg State of Telangana at Hyderabad, 2. The Commissioner and lnspector Gen Government of Telangana, Mojamjahi 3. The District Registrar, Registration and 4. The Sub-Registrar, Registration and S District.

5. Two CCs to GP FOR REVENUE, F,ligh Hyderabad. [OUT]

6. One CC to SRI A.GOPALA KRISHNA, 7. Two CD Copies stration and Stamps), Secretariat, al, Registration and Stamps, arket, Hyderabad. tamps Medchal-Malkajgiri District mps Quthbullapur, Medchal-Malkajgiri ourt for the State of Telangana at vocate [OPUC] \ To SA GJP s HIGH COURT DATED:0410812025 ORDER WP.No.22846 of 2025 . r,, t grar€ -)'.' 11IUE M e J .) ,l t, t)a So-,16irf DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. (grrP;et' I