High Court · 2025
Case Details
Acts & Sections
Smt. MAKKALA BHAVANI, W/o. JA ACHANDAR, Aged about 33 years, Occupation Housewife, Resident of ouse No 11lP, Sai Maruthi Enclave, Chandana ga r, Seril ingampally IVla nd al, RR Dist. TG. AND 1 The State of Telangana, Rep. by its Pri (Registration and Stamps), Secretariat, cipal Secretary, Revenue Hyderabad ...PETITIONER
2. The Commissioner and lnspector Gene al, Registration and Stamps, arket, Hyderabad. Government of Telangana, Mojamjahi 3. The District Registrar, Registration and 4. The Sub-Registrar, Registration and St District. tamps Medchal-Malkajgiri District mps Quthbullapur, Medchal-Malkajgiri ...RESPONDENTS Petition under Article 226 of the Co circumstances stated in the affidavit filed pleased to issue writ order or direction more of Mandamus declaring the action of the r receive and register memorandum of de petitioner's House No 42-39711, (PTIN No Admeasuring 80.0 Sq yards or 66.88 Sq.lVtr of A.C.C. Roofing situated at Anjaiah Naga Mandal, uncle GHIVIC Quthbullapur circle, State, without assigning any reason has constitutional and contrary to the Section consequently direct the respondents to rec stitution of lndia praying that in the therewith, the High Court may be particularly one in the nature of Writ spondent No.4 herein in refusing to osit of title deeds in respect of 11 51801981 ), in Survey No 348/1 , , with a built-up area of 200 Sq.Feet , Quthbullapur village, Quthbullapur edchal - Malkajgiri Dist, Telangana been illegal, arbitrary, unjust, un 71 of Registration Act 1908 and ive the memorandum of deposit of title deeds in respect of petitioner's house and register the same in the interest of justice. lA 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 and register the memorandum of deposit of tifle deeds in respect of petitioner's house No 42-39711 (pIN No.1151801981). in Survey No 348/'1 , Admeasuring 80.0 Sq yards or 66.88 Sq Mtrs, with a built-up area of 200 sq.Feet of A.c.c. Roofing, situated at Anjaiah Nagar, euthbullapur village. Quthbullapur IVlandal, under GHMC euthbullapur circle, Medchal - Malkajgiri Dist, Telangana State, in the interest of lustice. Counsel for the Petitioner : SRt A.GOpALA KRISHNA Counsel forthe Respondents : MS.S.SRAVANTHI, AGp FOR STAMpS & REGISTRATION The Court made the following: ORDER -------7 / THE HONOURABLE SRI STICE K.SARATH WRIT PETITION N 22849 of 2025, ORDER: Heard A. Gopala Krishn petitioner and Smt. S.Srav Government pleader for Stamps learned counsel for the thi, learned Assistant d Registration appearing for the respondents. With their c nsent, this Writ petition is disposed of at the stage of admis ion itself.
2. Aggrieved by the action of r spondent No.4 in refusing to receive and register memor dum of deposit of title deeds in respect of petitioner,s ouse No. 42-397/1 (PTIN No.1151801981), 1n Sy.No.348 1 admeasuring 8O.0 Sq. Yards, situated at Anjaiah Nagar, Quthbullapur Village and Mandal, under GHMC euthb llapur circle, Medchal- Malkajgiri District, the petition r filed the present writ petition.
3. Learned Assistant Govern ent Pleader for Stamps and Registration submits that without presenting the subject document, the petitioner as approached this Court seeking registraticn of the said d ument. If the petitioner 2 presents the same before the Registering authority, the respondents will receive the same and iollour the procedure as contemplated under Section 71 of the Registration Act, 19O8 (for short, the Act, 1908J.
4. Section 71 of the Act, 19Og, reads as foilows: Reasons for refusal to register to be rccordcd.- ( 1) Every Sub-Registrar refusing to rcgister a document, except on the ground that the property to which it relates is not situated rvithin his sub- district shali make an order of refusal zrnd recorded his reasons fbr such order in his Book No.2, ancl endorse the words "registration rcfused', on the document; and, on application made b1, any person executing or claiming under the document, shall, without payment and unnecessary dela1,, give him a copy of the reasons so recorded. (2) No registering officer shall abcept for registration a dcicument so endorsed unless and until, r-rnder the provisions hereinafter contained, Lhc clocument is directed to be registered.
5. In view of the aforesaid submissions coupled with the provision under Section T). of the Act, i9Og, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document that may j be presented by the petitione in respect of the subject property, subject to the peti oner complying with the provisions of the Act, 1908 as w 11 as the Indian Stamp Act,
1899. It will be open to the Re stering Authority to refuse the document presented before im, if he has any objection, by duly assigning reasons rn s pport of such decision and communicate the said decision o the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the ent tlement of the petitioner to get the subject document regi tered. There shall be no order as to costs
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/.S. MALLIKARJUNA RAO IS ANT REGISTRAR //TRUE CO Ylt ECTION OFFICER To,
1. The Principal Secretary, Revenue (Regi State of Telangana, Hyderabad. 2. The Commissioner and lnspector Gen Government of Telangana, Mojamjahi 3. The District Registrar, Registration and 4. The Sub-Registrar, Registration and Sta District. lratron and Stamps), Secretariat, l, Registration and Stamps, rket, Hyderabad. tamps Medchat-Malkajgiri District ps Quthbullapur, IVedchal-Malkajgiri One CC to SRI A.GOPALA KRISHNA, dvocate. IOPUCI 6 7 Two CCs to GP FOR STATVPS AND RE State of Telangana. [OUT] Two CD Copies. ISTRATION, High Court for the s BSK /_t to '-__ I HIGH COURT DATED:0 410812025 .4'-' . n ,<o{ ,,+ ) U 11 [U6 ztE a: o a a) ORDER WP.No.22849 of 2025 * D5 >-I',irCtiE ,) DISPOSING OF,THE WRIT PETITION WITHOUT COSTS 4 C9q' 9a-- -r c\41'r