✦ High Court of India · 05 Aug 2025

The High Court · 2025

Case Details High Court of India · 05 Aug 2025
Court
High Court of India
Decided
05 Aug 2025
Bench
Not available
Length
1,509 words

2. The District Registrar, lVledchal-ltrlalkaj giri District. 3. The Sub Registrar, Quthbullapur, Il4edchal-lvlalkajgi ri District. 4. The Collector, lvledchal-lttlalkajgiri District. 5. The Tahasildar. Quthbullapur ltrlandal, tVedchal-lr/lalkajn'r, ,,.,l,_".l.aroNDENrs Petition under Article 226 ol 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 Writ of- lvlandamus declaring the inaction of the Respondent No.3 in receiving, registering and releasing of the sale deeds/deed of conveyance presented by the Petitioner in respect of the Semi-Finished Flat No's. Flat No. '101 ,102,103 (in First Floor), 301, 302, 303 (in Third Floor), 401 ,402,403 (in Fourth Floor), 501, 502, 503 (in Fifth Floor), the Building known as "K R HEIGHTS" on Open Land in demolished House bearing No. 49-293/3 on Plot bearing No- 120, land admeasuring 444.0 Sq.yards or equivalent to 371.184 Sq.l\/ts., in Survey No. '12816, Covered under Block No. 49, Situated at PADIVANAGAR COLONY-|, Quthbullapur Village, Quthbullapur [v1andal, Nr]edchal- l\,4alkajgiri District, Telangana State., Sub - Dist.. Quthbullapur, Dist. and Regn - Dist. t\,4edchal- L/alkajgiri, on the ground that the survey numbers where the Petitioner's property is situated is notified under as prohibited property list under Section 22-A of Registration Act, on ground that the Lr No. E 1/MDL/DI1153212017-1, Dated. 24.07.2024. as per the vide Gazette Notification RR No.83 communicated by Joint Collector. Ragna Reddy vide File No.E5/4730/ Quthbullapur dt.25.09.2013 and Deputy Collector and Tahasildar, Quthbullapur Mandal file No. 8158312012 dt.17.O2.2012 and Gazette Notification No.134 dt.10.03.2005 and G.O.l\,4s.No.292 and 296 Revenue (Registration l), gth March, 2005 communicated by Commissioner and lnspector General (R and S), Hyderabad vide File No.G'1/4661/2005 dt.02.O7.2005,. as illegal, arbitrary and unconstitutional and consequently direct the Respondent No.3 to receive, register and release the sale deeds/deed of conveyance presented by the Petitioner in respect of the Semi- Finished Flat No's. Flat No. 1O1 ,1O2,103 (in First Floor), 301, 302, 303 (in Third Floor), 401, 402, 4O3 (in Fourth Floor), 501 , 502, 503 (in Fifth Floor), the Building known as K R HEIGHTS on Open Land in demolished House bearing No.49- 293t3 on Plot bearing No. 120, land admeasuring 444.0 Sq.yards or equivalent to 371.184 Sq.tvlts., in Survey No. 12816, Covered under Block No. 49, Situated at PADMANAGAR COLONY-|, Quthbullapur village,Quthbullapur lt4ndal,Medchal- tr/alkajgiri d isrtict,Tela ngana state,sub-Dist,Quthbullapur dist and Regn Dist, M edcha l-l\,4a lkajg iri disrtict, 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 Respondent No.3 to receive, register and release the sale deedsideed of conveyance presented by the petitioner in respect of the Semi-Finished Flat No's. Flat No. 10'l ,102,103 (in First Floor), 301, 302, 303 (in Third Floor), 401, 4O2, 4O3 (in Fourth Floor), 50'1 , 502. 503 (in Fifth Floor), the Building known as "K R HEIGHTS' on Open Land in demolished House bearing No. 49-293/3 on Plot bearing No. 120, land admeasuring 444.0 Sq.yards or equivalent to 371.184 Sq.A/ts., in Survey No. 12816, Covered under Block No. 49, Situated at PADMANAGAR COLONY-1, Quthbullapur Village, Quthbullapur [t/andal, lVledchal- Malkajgiri District, Telangana State., Sub - Dist. . Quthbullapur, Dist. & Regn - Dist. . Medchal-lVlalkajgiri, without reference to the prohibited property list under Section 22-A of Registration Act, the Lr No. E1/lt/DLlOl1153212017-1, Dated. 24.07.2024, as per the vide Gazette Notification RR No.83 communicated by Joint Collector, Ragna Reddy vide File No.E5/4730/ Outhbullapur d1.25.O9.2013 and Deputy Collector & Tahasildar, Quthbullapur Mandal file No. 8158312012 d1.17.02.2012 and Gazette Notification No.134 dt.10.03.2005 and G.O.Ms.No.292 & 296 Revenue (Registration l),9th tt/larch, 2005 communicated by Commissioner and lnspector General' (R and S), Hyderabad vide File No.G'1/4661/2005 dt.02.07.2005, pending disposal of the Writ Petition Counsel for the Petitioners: SRI N. KRISHNA SUMANTH Counsel for Respondents: Ms. S: SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER ,ti;l. X.- I : THE HONOURABLE SRI JUSTICE K.SARATH UIRIT PEf,ITION No.23O23 of 2o25 ORDER: Heard learned counsel for the petitioners and Ms. S.Sravanthi,,learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused 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 of the sale deeds/deed of conveyance presented by the petitioners in respect of the suit schedule property situated at Padmanagar Colony-I, Quthbullapur Village and Mandal, Medchal-Malkajgiri District, on the ground that the survey numbers where the petitioners'property is situated is notihed under prohibited t5-_r: l' property list under,Section 22-Aof Registration Act, on the , I ground that the Lr.No.E1lMDL/DIl 1532l2Ol7-1, dated

24.O7 .2024 uide Gazette Notification RR No.83, communicated by Joint Collector, Ranga Reddy uide Flle No.trS/4730lQuthbullapur dated 25.09.2013 and Deputy r .:.l l.& *,., i, SK, J W.P.No.23O23 of 2025 Collector and Tahasildar, Quthbullapur Mandal, uide file No.B/583/20 12 dated 17.O2.2O12 and Gazette Notification No.134 dated 10.03.2005 and G.O.Ms-No.292 and 296, Revenue (Registration I), dated 09.O3.2OO5, communicated by Commissioner and Inspector General (R and S), Hyderabad uide Flle No.G1/466112OO5 dated O2.O7.20O5, 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 procedure as contemplated under Section 71 of the Registration Act, 19O8 (for short, the Act, 19O8').

4. The Section 77 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 proper[y to which it relates is not situated within his sub- district sha1l make an order of refusal and recorded 3 SK, J W.P.No.23O23 of 2025 his reasons for such order in his Book No.2, and endorse r 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 I I I i \ I

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 19O8, this writ fetition is disposed of directing the Registering Authority to ieceive, register and release the subject document, subject i to the petitioners complying with the provisions of the Act, ', t- F t1 908 as well 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 I 'clear that thistCourt has not expressed any opinion on merits of the case as to the entitlement of the petitioners to i It 4 SK, J W.P.No.23023 of 2025 get the subject document registered' There sha'll be no order as to costs'

6. Miscellaleous Petitions, if any, pending in this writ petition shall stand closed' //TRUE COPY// SD/-MOHD. ISMAIL UTY REGISTRAR ECTION OFFICER *" "' iuu*'f,t&*ii*-i#,'-tt[-ffi :l::]' l}: if, :q"*E ilf,[t'e*m.[t*,H*'''* : ]:::' .,,," ", Two CD CoPies \ To, 1 2 3 4 5 7

8. tUBC GJP --*,&i'.*... l i HIGH COURT DATED: 0510812025 1HE SI, 14: 11 AiJE ztfi o .J ( * s \l l^) , ,/ ORDER WP.No.23023 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ \ $It

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