The High Court · 2025
Case Details
Ganthi Damodar, S/o Sri G Mohan Reddy, Aged 29 yearc' Occ Private Emolovee, Rl/o H.No. 33-12118, Rajeev Gandhi Nagar, Suraram, Quthbullapur, Medchal Malkajgiri District, Telangana-500055 ...PETITIONER AND Secretariat Building, Hyderabad. 1 . The State of Telangana, Rep. by its Principat Secretary Revenue Department, 2. The District Registiar, i'/ledchal-tvlalkajgiri District, Telangqlq S-ta!e, . -. . . . 3. The Sub Registrar, Quthbullapur Mandal, lMedchal-tValkajgiri District, Telangana State. ...RESPONDENTS 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 writ of mandamus declaring the action of the 3rd respondent that is the Sub registrar, Quthbullapur, Medchal-Malkagiri District, in refusing to receive and register the Agreement of Sale cum General Power of Attorney presented by the petitioner in uspec of premises Plot bearing no BT-8, admeasuring '100.0 sq yards or 83.67 sq. meters, in survey no.725 and 728 (Duly regularised under LRS Vide proceedings no. M/DUND/00533812020, dated 1110712025), situated at Dundigal Village and Muncipality, Dundigal Gudimaisamma Mandal, Regn. Sub Dist. Quthbullapur, Dist and Regor Medchal lvlatkajgiri, Telangana state as illegal and bad in law, is lllegal arbitrary in violation of Articles 14, 21, 300-4 of Constitution of lndia and also in violation of Registration Act 1908 besides in violation of Principles of Natural Justice and consequently direct the Respondent No 3 to receive and register the Agreement of sale cum General Power of Attorney presented by the petitioner in respect of premises Plot bearing no. 87-B, admeasuring 100.0 sq yards or 83.67 sq. meters, in survey no,725 and 728 (Duty regularized under LRS Vide proceedings no. M/DUND/00533812O2O, dated 11.07.2025), situated at Dundigal Viilage and Muncipality, Dundigal Ganckmaisamma lVlandal, Regn. Sub Dist. euthbultapur, Dist and Regn Dist. Medchal Malkajgiri, Telangana State 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 Respondent no.3 herein to receive and register the Agreement of Sate cum General Power of Attorney presented by the petitioner in respect of premises plot bearing no. B7-8, admeasuring 100.0 sq yards or 83.67 sq. meters, in survey no. 725 and 728 (Duly regularized under LRS Vide proceedings no. M/DUND/00533812020, dated 11.07.2025), situated at Dundigal Viilage and lVluncipality, Dundigal Gandimaisamma lr/andal, Regn. Sub Dist: euthbullapur, Dist and Regn Dist. IVledchal Malkajgiri, Telangana State pending disposal of the above writ petition Counsel for the Petitioner: SRl. RAVISH KEDTA Counsel forthe Respondents: Smt. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH UIRIT PETITION No.23125 of 2025 ORDER: Heard Sri Ravish Kedia, iearned counsel for the petitioner and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 3. With their consent, this writ petition is disposed of at the stage of admission itself.
2. Aggrieved by the action of the respondent No.3- Sub registrar 1n refusing to receive and register the Agreement of Sale-cum-General Power of Attorney presented by the petitioner in respect of plot bearing No.87- B admeasuring 100.0 Sq. Yards in Survey No.725 and 72g (Duly regularised under LRS Vide proceedings No.M/DUND I OO5338 12020, dated tt / 07 /2025), situated at Dundigal Village and Muncipality, Dundigal Gudimaisamma Mandal, Quthbullapur, Medchal Malkajgiri District, the petitioner filed the present writ petition.
3. Learned Assistant Governmcnt pleader for Stamps and Registration submits that wrthout presenting the subject document, the petitioner has approached this Court seeking registration of the said document. If the petitioner presents the same before the Registering authority, the respondents wili receive the same and follow the procedure S contemplated r-rnder Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908).
4. Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub Registrar refusing Lo 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 madc 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 registeping officer shall accep[ for registratron a document so endorsed unless and unti1, under the provisions hereinafter contained, the document is directed to be registered.
5. In view of the aforesaid submissions coupled with the provision under Section 7l of the Act, 1908, this writ a 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 property, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act,
1899. It will be open to the Registering Authorit5r 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 petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject documents registered. There shall be no order as to costs.
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. To, //TRUE COPY// SD/-K.AMMAJI DEPUTY RE:ISTRAR secrr\h'#rrcen 1 The .Principal Secretary Revenue Department, Secretariat Building, T.S.,Hyderabad 2 IF Pj:JrSt l"gistrar, Medchat-M.atkajgiri District, Tetangana State. r he sub Re_gistrar, euthbullapur Mandal, Medchal_Malkijgiri District, 3 Telangana State. One CC to SRI. RAVISH KEDIA, Advocate IoPUCI Two CCs to Gp FOR STA|VPS AND REGtSTRAftbN ,Hign Court for the State of l_elangana at Hyderabad [OUT] Two CD Copies 4 A o O A/l LS Nr "'-;l:*,s HIGH COURT DATED:0610812025 I ra\ O2 SEP ilE .;.r' \ -, 'i. ORDER WP.No.23125 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 ?, q