✦ High Court of India · 07 Aug 2025

The High Court · 2025

Case Details High Court of India · 07 Aug 2025
Court
High Court of India
Decided
07 Aug 2025
Bench
Not available
Length
1,023 words

2. Smt. Rangineni Radhika, W/o. Sri Korukanti Gopi Krishna, aged about 39 years, Occupation. Housewife, R/o. H.No. 1-5-1076131302, Falher Balaiah Nagar, Old Alwal, Hyderabad-500010.

3. Smt. Sureddi Subhashini, W/o. Sri S.L.V. Prasad, aged about 47 years, Occupation. Business, R/o. H.No. 7-1-214, Flat No. 209, Vamsi Krishna Apartments, Dharam Karan Road, Ameerpet, Hyderabad-sOO016. .....PETITIONERS AND

1. The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department, Dr. B.R.Ambedkar Telangana State Secretariat, Hyderabad, Telangana State.

2. The lnspector General of Stamps and Registrations,, Office of the 1.G., Stamps and Registration, State of Telangana, Near Karachi Bakery, Osman Shahi Road, Hyderabad, Telangana State.

3. The District Registrar, Ranga Reddy District, Stamps and Registration Departnlent, Prashanth Nagar, Moosapet, Ranga Reddy District. Telangana State.

4. The Sub-Registrar, Stamps and Registration Department, Serlingampally, Ranga Reddy District, Telangana State. Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be .....RESPONDENTS pleased to issue a Writ, Order or Direction, more particularly a Writ of Mandamus, declaring the action of Respondent No.4 in refusing to register and release the Development Agreement-cum-General Power of Attorney Pending Document No.457 of 2024 as illegal, arbitrary, and violative of Articles 14,21 and 300-4 of the Constitution of lndia. consequently to direct Respondent No.4 i.e Sub- Registrar, Serilingampally to forthwith register and release the said Development Agreement-cum-General Power of Attorney executed by Petitioners '1 and 2 in favor of Petitioner No.3. |.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 Respondent No.4 i.e Sub-Registrar, Serilingampally to forthwith register and release the said Development Agreement-cum-General Power of Attorney daled 27-09-2024 presented on 2B-1 1-2024 executed by Petitioners 1 and 2 in favor of Petitioner No.3, pending disposal of the above writ petition. Counsel for the Petitioners : SRI SRINIVAS VELAGAPUDI Counsel for the Respondents : SMT S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.23368 of 2O25 ORDER: Heard learned counsel for the petitioners and Smt. S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for respondents and perused the material on record. With their consent, this r,vrit petition is disposed of at the stage of admission.

2. Aggrieved by the action of respondent No.4 in refusing to register and release the Development Agre ement-curm- General Power of Attorney pending Document No.457 of 2024, the petitioners filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that the respondents will process the document presented by the petitioners i.e., Development Agreement-cum-General Power of Attorney pending Document No.457 of 2024 for rcgistration or follow the procedure as contemplated under: Section 7l of the Registration Act, 1908 (for short, 'the Act, 1908) for rejecting the same. sKJ W.P.No.23368 of 2O25

4. The SectionT l of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (l ) Evcry Sub-Registrar refusing to register a documcnt, 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 cndorse the r,vords "registration refusr:d" on the document; and, on application made by any person executing or claiming under the docunrent, shall, lvithout payment and unnecessary delay, give him a copv of the reasons so rccorded. (2) No rcgistcring olficcr strerll accept for r-egistration a clocurnunt so cndorscd unless and until under the provisions hereinaftcr contained, the document is dircctr:d to be registerr:d.

5. In vier,r, of the aforesaid submissions coupled with the provision under Section 7I of the Act, 1908, this writ petition is disposed of directing the Registering Authority to register and release the subject document presented by the petitioners i.e., Development Agreement-cum-General Power of Attorncv pcnding Document No.457 of 2024 in respect of the subject property, subject to the petitioners complying with the provisions of the Act, 1908 as well as t 3 SK, J W.P.No.23368 of 2025 the Indian Stamp Act, 1899 within four (4) weeks from the date of receipt of a copy of this order. 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 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 document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this vvrit petition shall stand closed. //TRUE COPY// SD/- AHMED ABDULLA KHAN ASSISTANT REGISTRAR G SECTION OFFICER To

1. The Principal Secretary, Stamps and Registration Department, Or.g.n.nmbedkar Telahgana State Secretariat, State of Telangana at Hyderabad, Telangana State'

2. f6" lnip"cior Gerieral of Stamps and Registrations, Office of the 1.G., Stamps ,nO n"littration, State of Telangana, Near Karachi Bakery, Osman Shahi Road, Hyderabad, Telangana State.

3. The Distiict Regislrar, Ranga Reddy District, Stamps and Registrltion Oepartment, Pffishanth Na-gar, [t/oosapet, Ranga Reddy District' Telangana State. Ranga Reddy District, Telangana State'

4. rne suo-Registrar, stamps and Registration Department, serlingampally, 5. fwotCs to GP FOR REVENUE, High Court for the State of Telangana at 6. Olre CC to SRt SR1N1VAS VELAGAPUDI, Advocate [OPUC] 7. Two CD Copies Hyderabad. [OUT] SA TKS W HIGH COURT DATED:0710812025 o =i WP.No.23368 of 2025 f^5Ii{ 6 t I I 1 f DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. c*lett \o Xw

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