1. MOHAMMED KHALID v. The State of Telangana
Case Details
Acts & Sections
71 of lndian Registration Act and consequently direct the Respondents to receive and admit the sale deed document of the writ petitioners herein for registration over the Plots No 50 admeasuring 73.63 square yards situated in Sy.No. '139 at Rekurthy Village and Gram Panchayat, Mandal and Zilla Parishad and Muhicipal Corpoiation and District Karimnagar by setting aside the proceedings of the TthRespondent No.B/1 582/201 B dated 26-07-2018. in the interesl ofjustice. i.A.NO:1 OF 2024 Petition Under Section 151 CPC praying that in the circuntstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th Respondent herein to receive and admit the sale deed dpcument of the writ petitioners herein for registration over the Plots No 50 admeasuring 73.63 square yards situated in Sy.No. 139 at Rekurthy Village and Gram Panchayat, Mandal and Zilla Parishad and Municipal Corporation and District Karimnagar as per section 71 of the lndian Registration Act, by suspending the proceedings of the 7th Respondent No. B/1582/2018 dated 26-07-2018. pending disposal of the above main writ petition. in the interest of justice. Gounsel for the Petitioners : SRI L.BABULU Counsel forthe Respondents : AGP FOR REVENUE The Court at the stage of admission made the following ORDER l1 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PEIITION No .25361 of 2024 ORDER: Heard learned counsei for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission itself.
2. Aggrieved by the action of the respondent No.7 in issuing proceedings No.13/ 1582/2018 dated 26.OZ.2}lg under the guise of the salne, consequential action of the Respondent No.4 in not receiving and issuing challans for registration of the sale deed document of the writ petitioners herein for the Plot No.SO admeasuring to an extent of 73.63 square yards 1n Sy.No.139 situated at Rekurthy Village, the petitioners Iiled the present writ petition.
3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, l9O8 (for short, ,the Act, leo8). ! i 2 s1(, "I wP_25361 2024 4 The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded._ (i) 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, and endorse 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 ofhcer shall accept for registration a document so endorsed unless ald until, under the pro'r,isions hereinafter contained, the document is directed to be registered.
5. In view of the above made submissions coupled with the provision under Section 71 of.the Act, 190g, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complJ.ing witJl 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 document presented before him, if he has any objection, by duly I " -----7 3 SK, J ttr/P-25361_2024 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.
6. Miscellaneous Petitions, if any, pending in this writ petition sha-ll stand closed. No order as to costs. //TRUE COPY// I SD/.MOHD.ISMAIL TANT REGISTRAR SS SECTION OFFICER Hyderabad. 50001 7. Secretariat, State of Telangana at Hyderabad.-plN 500021 .
1. The Principal secretary, Department of Revenue (Registration and stamps), 2. The Commissioner and lnspector General of Registration and Stamps,, 3. The Diskict 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, KOTHAPALLy, Karimnagar Dishict. B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 9. One CC to SRI L.BABULU, Advocate tOpUCl 10.Two CD Copies Hyderabad. [O[JT] SA/BSK 1 To I HIGH COURT DATE D : 1 010412025 ORDER WP.No.25361 of 2024 ! o11 Tlli S T4 g lomnm I Or.:\-a6T,- ii'-o { (1\(' oI DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. I (