High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring proceedings of the 7th respondent No. Bt15g2t2O1g dated 26-07 -2018 and consequentiar action of the respondent No.4 in not receiving and issuing challan for registration of the sale deed documents of the writ petitioners herein pertaining to their residential plots under the guise of said proceedings of the respondent No.7, as ilegar, arbitrary and contrary to contrary to section 17 read with 22 A and section 7i of rndian Registration Act and consequently direct the respondents to receive and admit the sale deed documents of the the writ the writ petitioners 1 to 7 herein, the petitioner no..i prot No.47 admeasuring 200.00 square yard in Sy-No.143 , petitioner No.2 prot No.104 part admeasuring i24.00 square yard in sy. No.'143, petitioner No.3 prot admeasuring 230.00 square yard in sy.No 113, petitioner No.4 prot No. 243 admeasuring 266.66 Square yards Sy.No.'16/l , petitioner No.5 plot admeasuring 242.00 Sq,yds., in Sy.No.169, petitioner No.6, plot No.69, H.No. 1_104t2t1 admeasuring 266.66 square yard in Sy.No.49 petitioner No.7, prot Nos 14g admeasuring 200.00 square yard in Sy.No..l43. Respectively of Rekurthy Village and Gram Panchayat, Kothapafli Mandar and Ziflaparishad and within Municipar corporation and District Karimnagar. by setting aside the proceedings of the 7th respondent No. B/1S82l2018 dated 26-07_2018. lA NO: I OF 2025 Petition under section 15'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the 4th respondent to direct the 4th respondent to receive and admit the sale deed documents of the writ petitioners 1 to 7 herein, the petitioner no..r prot No.47 admeasuring 200.00 square yard rn sy.No.143 petitioner No.2 prot No.104 part admeasuring r24.00 square yard in sy. No.'r43, petitioner No,3 prot admeasuring 230.00 square yard in Sy.No .1 13, petitioner No.4 plot No. 243 admeasuring 266.66 Square yards sy.No.16/'l , petitioner No.5 plot admeasuring 242.00 Sq,yds., in Sy.No..t69, petitioner No.6, plot No.69, H.No. 1_104t2t1 admeasuring 266.66 square yard in Sy.No.49 petitioner No.7, plot Nos .148 admeasuring 200.00 square yard in sy.No.143. Respectivery of Rekurthy Viflage and Gram Panchayat, Kothapalli ttlandal and Zilla Parishad and within Municipal Corporation and District Karimnagar' as per section 7'1 of lndian Registration Act' by suspending the proceedings of the 7th respondent No B/1582/2018 dated 26- 07-2O1B,pending disposal of the main writ petition in the interest of justice' Counsel for the Petitioner : SRI L'BABULU counsel for the Respondents: Ivts'sissiltHri+hMps AND REGISTRAIoN The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.23387 of 2o.25 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 ',l,rit petition is disposed of at the stage of admission.

2. This writ petition is filecl declaring the proceedings of the respondent No.7 vide No.B/ lig2 l2}lg, dated 26.07.2OI8 and questioning the action of the respondent No.4 in not receiving ald issuing challar for registration of the sale deed documents of the writ petitioners herein pertaining to their residential plots under the guise of said proceedings of the respondent No.7, as illegal, arbitrary and contrary to contrary to Section 17 read u,itn 22_A and. Section 71 of Indian Registration Act, l9Og.

3. Learned Assistant Government pleader for Stamos and Registration submits that vrithout presenting the documents, the petitioners have approached this Court i i I I 1 I I 1 I I o sx, J W.P.No.233a7 of 2O25 If the Petitioners seeking registration of the documents' 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' 1908 (for short, the Act, 1908')' 4 The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded'- (1) trvery Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his srtb- district shail make an order of refusal and recorded his reasons for such order in his Book No 2' and endorse the words "rcgistration refused" on the document; and, on application made by any person executing or claiming under the document' shall' without payment and unnecessary deiay' give him a copy of the reasons so recorded' (2) No registering officer shall accept for registratlon a document so endorsed unless and until' under the provisions hereinafter contained, the document is directed to be registered' S.InviewoftheabovemadeSubmissionscoupledwith the provision under Section 71 of the Act' 1908' this writ petition is disposed of directing the Registering Authority to - sr, J W.P.No.233a7 of 2O2S receive, register and release the subject documents, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the documents 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 documents registered. There shall be no order as to costs.

6. Miscellaneous petitions, if any, pending in this writ petition shal1 stand closed. //TRUE COPY// SD/-A.V.S. PRASAD DEPUTY REGISTRAR .l$k SE OFFICER To,

1. The Principal Secretary, Department of Revenue (Reqistration and Stamos) secretanar Burrquti.nql?frlghna Bhavan, State Of Tetangana, Near Tdn(' Bund, Hycterabad._plN S0002.1.

2. The Commissioner and lnspector General of Registration and Stamps, MojhamJahi (M J.)Market rbad, Near Karachi Bi1ery, Nampaily,'Hyiei.ataO 500017

3. The District Registrar of Stamps and Assurances, Karimnagar. 4. The Sub-Registrar, Gangadhara. Karimnagar District. 5. The District Collector, Karimnagar. 6. The Revenue Divisional Officer, Karimnagar. 7. The Tahasildar, Kothapalli. Karimnagar District. I I !

8. One CC to SRI L BABULU' Advocate tOPUCl I l*"*=:tS5J.?i3,lt.ts AND REGrsrRArroN' High court ror the

10.Two CD Copies BSK BS @/ HIGH COURT DATED:07108t2025 .iHE S14 e.o 5 (0 1t [uE 2t[5 * D r.- * I ORDER WP.No.23387 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 \q g )N Ir €