The High Court · 2025
Case Details
1 Sri. Eluri Dani vinod Kumar, S/o. Late. Varaprasad, aged about 73 years, occ i"to. Erpr"v"e)t7o H. r.ro. +e- ils.paai^ Nagareolonv- l,.9Jp Qhurch' diino,irilfilTnirirg" u"o Mandal, Medchal Malka-Jgiri.Dist -500037 . Rep by r, i.'OnC pn- H ordei tUls. KVS D EVE LO P E R S, (PAN- AAZ F K50 1 3G ), !', "rllq 3 i;Jrt""riilip'fiim Resister;J ; rirm t'lo 3;184t2022' Dt 05- 11: ?0.2?' il;;i;;[ onice orirre oi.t,iii n"gitt,ar of [Vledchal- Malkajgiri' [qo:fgl- i,)lYrlri.i."oi"iiiil ]-uilungrn" Strt" ". havins its office Address at Plot No 5)jif, Tiipl'"c- "3i, s;i R;r.n r'risa coldnv, suraram' IDA Jeedimetla' 6iin'urjrup,j|. tuanoit. rrleo'inar n/l"Jlr";g,I' District Represented by its M;;;.i;"' Partners sri.-- njiutapati '"Srinivasa Rao s/o Raplap*i iiJ"iLill"*ri"ti'o', ig"d inori 6+ v'ears, o-cc Business, R/o H No 47- 15t2. fi s;ic;dy, Neai St.'[ririin d.di. chintat. Quthbullapur Village and ili;;;i, rrlt"ol6h- trltjtrajgiri District. , Telangana state - 500037 Sri. Laggala Shiva Krishna, S/o. Laggala Venkat.Rao, aged about 31 years' 6i"-a;s"ines H. No.48- iltl'eupl"t^n Yadav Nagar' Chintal Quth^b^ullapur Virlrg.;;JMrnoai. ttlteocnat-'trrtatkiigiri District Tdlangana state - 500037 .....PETITIONERS 2 AND
1. The State of Telangana, Rep. by its Principal Secretary' Revenue (Stamps and Registration). Secretariat, Hyderabad' 2 The District Registrar, Medchal- Malkajgiri District' 3. The Sub Registrar, Quthbullapur, Medchal- Malkajgiri District' 4. The Collector, Medchal- Malkajgiri District' 5.TheTahasildar,QuthbullapurMandal,Medchal-MalkajgiriDistrict .....RESPONDENTS 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 pleasedtoissueanyWritorderordirectionmoreparticularlyoneinthenatureof writ of Mandamus decraring the inaction of the Respondent No.3 in receiving, registering and rereasing of the sare deeds/deed of conveyance presented by the Petitioner in respect of the Semi- Finished Flat Nos. 301 ,302 in Third Floor,401, 402 in Fourth Froor. 501 in Fifth Froor, in the buirding known as CELESTTA RESIDENCY, on Prot No. 128, in survey No. 12816, covered Under Brock No.49, situated at Padmanagar corony- rof viilage eurHBULLAPuR, Nrandar Quthbullapur, cHMC , euthbuflapur circle, Medchar- Markajgiri Dist. , Terangana state, on the ground that the survey numbers where the petitioners property is situated is notified under as prohibited property rist under section 22- A of Registration Act, on ground that the Lr No. E1tMDLtD1t1s32l2o17- 1, Dated 24. 07. 2024 ' as per the vide Gazette Notification RR No. 83 communicated by Joint collector' Ragna Reddy vide Fire No. E5t4z3ot euthbuilapur dt. 25. 09. 2013 and Deputy collector and rahasildar, euthbullapur Mandal file No. 8/583/2012 dt. 17. 02.2012 and Gazette Notification No. 134 dt. 1o 03.2005 and G. o. Ms. No.292 and 296 Revenue (Registration l), gth March, 2OOS communicated by commissioner and rnspector Generar (R and s), Hyderabad vide Fire No. G11466112005 dt. 02 07 2005, as iilegar, arbitrary and u n constitutiona r 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 FIat Nos 301, 302 in Third Froor,4o1 ,402 in Fourth Froor, 50.r in Fifth Floor, in the buirding known as cELESTTA RESIDENCy, on prot No. t28, in survey No. 128/6, covered Under Brock No.49, situated at padmanagar corony- 1 of Village QUTHBULLA'UR, Mandat euthbullapur, GHMC., euthbu,apur Circle, [Vledchal- Malkajgiri Dist. , Telangana State. |.A.NO:1 OF 2O25 Petition under sectiofi 15'r cpc praying that in the circumstances stated rn the affidavit filed in support of the petition, the High court may be preased to 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 Nos.301 , 302 in Third Froor, 401 ,402 in Fourth Froor, 501 in Fifth Froor, in the building known as CELESTIA RESIDENCy, on plot No. 12g, in Survey No. 12816, covered Under Brock No.49, situated at padmanagar corony-r of Vi,age QUTHBULLAPUR, trrlandal Quthbullapur, GHMC., Quthbullapur circle, It/ledchal- Malkajgiri Dist., Telangana state, without reference to the prohibited property list under Section 22- Aot Registration Act, the Lr No. E1lMDLlD1l1532l2017- 1, Dated 24. 07. 2024, as per the vide Gazette Notification RR No' 83 communicated by Joint Collector, Ragna Reddy vide File No E5l4730i Quthbullapur dt. 25.09,2013 and Deputy collector and Tahasildar, Quthbullapur Mandal file No. Bt513t2o12 dt. 17.02.2012 and Gazette Notification No. 134 dt. 10. 03. 2005 and G.O.Ms.N o.292 and 296 Revenue (Registration l), 9th March, 2005 communicated by Commissioner and lnspector General (R and S), Hyderabad vide File No. G1/4661/2005 dt. 02.07.2005, pending disposal of the writ petition Counsel for the Petitioners : SRI N.KRISHNA SUMANTH 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.23919 of 2o25 ORDER: Heard Sri N.Krishna Sumanth, learned counsel for the petitioners and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 5. 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 in refusing to receive, register and release the Sale Deeds/Deed of Conveyance presented by the petitioners in respect of Semi-Finished Flat Nos.301,302 (in Third Floor), 401 and 4O2 (in Fourth Floor), 5O1 (in Fifth Floor) in the building "Celestia Residenc/ on plot No.l2g in Sy.No. 128 l6 covered under Block No.49 situated at Padmanagar Colony-I, Quthbullapur Village, euthbullapur GHMC, Medchal-Malkajgiri District, the petitioners filed the present writ petition.
3. Learned Assistant Government pleader for Stamps and Registration submits that without presenting 2 the subject document, the petitioners have approached this Court seeking registration of the said document. If the petitioners present the sarne before the Registering authority, the respondents will receive the sarne and follow the procedure AS contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908J.
4. Section 71 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 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, ald endorse the words "registration refused" on the document; and, on application made by any person 'the document, shall, executing or claiming under without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shal1 accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. In view of the a-foresaid submissions coupled with the
5. provision under Section 7l of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document that may be presented by the petitioners in respect of the subject property, subject to the petitioners complying with the provisions of the Act, igOg as rvell 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 petitioners. It is made clear that this Court has not expressed aly opinion on merits of the case as to the entitlement of the petitioners to get the subject documents registered. There shalr be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. r //TRUE COpyil F SD/.P. PONNA KRI SHNA ls' TANT REGISTRAR r1\ V (Stamps and Registration). Secretariat \j SECTION OFFICER I To State of Tel
1. The Principal Secretary, Revenue angana at Hyderabad 2. The District Registrar, Medc hal- Matkajgiri District 3. The Sub Registrar, Quthbuttapur, Medchal_ Malkajgiri District 4. The Collector Medchal- Mal kajgiri District 5 The Tahasild ar, Quthbulla ur Mandal, I\4edch al- Malkajgiri District 6. Two CCs to GP FOR R EVENUE, High Court or the State of Telangana at 7. One CC to S Rl N.KR|SHNA SUMANTH, Advocate tOpUCj 8. Two CD Cop Hyderabad ourj p f, SA BS N, HIGH COURT DATED:1 3108t2025 ORDER WP.No.23919 of 2025 aJ o o f ilF- S f.d 14 (",. o\< \ 2 5 AUE ro25 * t),- a"'^ ' - /' DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1 ()