The High Court · 2025
Case Details
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Petition Under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No.4 in receiving, registering and releasing of the sale deeds presented by the petitioner vide Application Nos.2500590382 and 2500590224 in respect of part of the property i.e., Ac.0.20 gts each totaling to Ac 1.00 Gts out of Ac.1.36 Gts in Sy.No. Sy.No.369 situated at DevalammaNagaram village of Choutuppal [/landal, Yadadri-Bhuvanagiri District on the basls of ad-interim rnjunction order passed vide LA.No.32 of 2022 in O S.No.21 of 2022 against the petitioner herein by the Honble Junior civil Judge, choutuppal as illegal, arbitrary and uhconstitutional and consequentry direct the Respondent No.4 to receive, register and release the Sale deeds presented by the petitioner vide Applicatior Nos.:25005903 82 and 2500590224 in respect of part of the property i.e, Ac.0 lii0 gts each totalling to Ac.1.00 Gts cut of Ac.1.36 Gts in Sy.No. Sy No.369 situated at DevalammaNagaram village of Choutuppal tVIandal, Yadarj ri-Bh uvanagiri District. without reference to ad-interim injunction order passed vi<;e l.A No.32 of 2022 in O.S.No 21 of 20122 by the Honble Junior Civil Judge, Chouluppat |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the r;ircumstances stated in the affidavit fileo in support of the petition, the High Corrrt may be pleased to direct the Respondent No.4 to receive, register and re ease the sale deeds presented by the petitioner vide Application Nos.25005903132 anct 2500590224 in respect of part o{ the property i.e., Ac.0.20 gts each totalin; to Ar;..1 .00 Gts out of Ac.1.36 Gts in Sy.No Sy.No.369 situated at DevalamrnaNagaram village of choutuppal lvlandal, Yadadri-Bhuvanagiri District, without reference of ad-interim injunction vide l.h.No.32 of 2022 in o.s.No.21 of 2022 by the Hon'bte Junior civil Judge, Choutuppal, pending disposal of the writ petitiori. Counsel for the Petitioner : SRI RAJAGOPALLAVAN TAyt Counsel for the Respondents : SMT S.SRAVANTHI, AGp FdR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.24657 of 2025 ORDER: Heard Sri Rajagopallavan Tayi, learned counsel for the petitioner and Smt S.Sravanthi, 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
2. Aggrieved by the action of respondent No.4 in not receiving, registering and receiving of the sale deed presented by the petitioner in pursuant to slot booking Application Nos.2500590382 and 25OO59O224 in respect of part of the property admeasuring Ac.O.20 rguntas each totalling to Ac. 1.O0 guntas out of Ac. 1.36 guntas in Sy.No.369 situated at Devalammanagararn village of Choutuppal Mandal, Yadadri-Bhuvanagiri District on the basis of ad-interim injunction order against the petitioner passed in I.A.No.32 of 2022 in O.S.No.2l of 2022 on the file of Junior Civil Judge, Choutuppal, the petitioner filed the Present writ petition. \ -,"- 2 - 'Ihe r\ssistant Government Pleader fcrr Stamps and 3. Registration has stated that the respondentr; will foilow the procedule and release the document or they u'ili pass orders as per Section'/1 of the Registratiorr Act' 1908 (for short, 'the Act, 19O8)' 4 Section 7l of the Act, 1908, reads as fc'llows: Rr:asons for refusal to register to be recorcled - (11 Every Sub-Registrar refusing to regrster a docurnent, except on the ground thar: the property lo w[ich it relates is not situated withi I his sub' district shall make an ordcr of refusai altd recordcd his reasons for such order in his Bool: No 2' and e ndorse the words "registration refus''d" on lhe drrcument; and, on application made by any F'erson e;<ecuting or claiming under the docurngnt' shall' without payment and unnecessary delay, give him a c,rpy of the reasons so recorded' (1)) No registering officer shall accept for rcgistration a document so endorsed unless and unti1, under the provisions hereinafter contained, the ( ocumen t is d irected to be registered' In view of the aforesaid' submissions coupled with the 5 provision under Section 71 of the Ac1 ' 1908 and on perusing the entire material on record, this wnt petition is disposed of directing the Registering Autl:'ority to consider J the Application Nos.250O59O382 and 2500590224 and register the subject document presented by the petitioner within four (O4) weeks from the date of receipt of copy of this order, 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 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 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 document registered. There shall be no order as to costs.
6. Miscellaneous Petitions, if any, pendingr in this writ petition shall stand closed. SD/-M. JAWAHAR REDDY S TANT REGISTRAR //TRUE COPY// ECTION OFFICER Buildings, State of
1. The Principal Secretary, Revenue Department, Sec Telangana at Hyderabad.
2. The District Collector, Yadadri- Bhuvanagiri District. 3. The Revenue Divisional Officer, Choutuppal Revenue Division' Yadadri- Bhuvanagiri District. District.
4. The Tahslldar Cum -Sub-Register., Choutuppal Mandal, Yadadri-Bhuvanagiri
5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]
6. Ohe CC to sRl RAJAGOPALLAVAN TAYI, Advocate IoPUC] 7 Two CD Copies To SA BS HIGH COURT DATE D :2 610812025 ORDER WP.No.24657 of 2025 .2..- ":-: :.--=:- \:.:iT,q1 { 1E I:TP ilE 0E .'l f ( t'a (' ;;2 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. t6 lu' t?