Avinash Bhandari v. The State Of Telangana

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 pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.4 in refusing to receive, process to register and release the Sale Deed dated 20.08.2025 presented by me in respect of Plot No.82, Phase-I, admeasuring 3'1 3.0 Sq.Yds,. or equivalent to 261 .708 Sq. Mtrs. in Part of Sy.Nos.2B5 from out of total Land admeasuring Ac.113-05 Gts., in Sy.Nos.36, 37,38 ,4016,285,286, 287, 288, situated at Jeedimetla Village, under GHMC Circle, Quthbullapur [\/andal, Medchal-Malkajgiri District without any valid reason and legal basis as arbitrary, illegal, without any jurisdiction, contrary to the provisions of the Registration Act also being violative of Article '14 and 3004 of the Constitution of lndia, and consequently to direct the Respondent No.4 to receive, process, register and rerease the Sare Deed dated 20.o8.2025 presented by me in respect of Plot No.B2, Phase-', admeasuring 313.0 Sq.yds,. or equivalent to 261.708 Sq. Mtrs in Part of Sy.Nos.2g5 from out of totar Land admeasurring Ac.113-05 Gts., in Sy.Nos.36, 37, 38 , 4Ot6.2BS,286,287,288;:ituated at Jeedimefla Vifiage, under GHMC Circle, euthbullapur Mandal, Medchal_Malkajgiri District. lA NO: 1 oF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondenl No.4 to receive, register and release the sale deed presented by Petitioner in respect of prot No.82, phase-r, admeasuring 313.0 Sq.Yds, or equivalent to 261.708 Sq. tvltrs, in part of Sy.lJos.285 from out of total land admeasuring Ac. 113_05 Gts., Sy.Nos.36, 37, 38 , ,tot6,2BS, 286,281 , 288, in situated at Jeedimeua Virage, under GHMC circre, euthburapur Mandar, Medchal-lvalkajgiri Di'strict, pending disposar of the writ petit on in the interest of justice. Counsel for the Petitioner: SRI K.PRADEEp REDDY Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REG]STRATION The Court made the following: ORDER ..7 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.26 3O7 of 2025 ORDER: Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the respondent No.4 in rcfusing to receive, process to register ald release the Sale Deed dated 2O.OB.2O2S presented by the petitioner in rcspect of Plot No.82, phase_I, admeasuring 313_O square yards or equivalent to 261-T0g square meters in part of Sy.Nos.285 out of total land admeasuring Ac. 113_05 guntas in Sy.Nos.36, 37, 38, 40 /6, 285, 286, 287, 2aB,situated at Jeedimetla Village, under GHMC Circle, euthbuliapur Mandal, Mcdchal-Malkajgiri District without any valid reason, the petitioner filed the present writ petition. ) r l l : I I I I s.K, J W.P.No.263O7 of 2O25

3. Learrted Courrsel for the petitioner submits that the petitioner has submitted the a.pplication for reguiarizatron on 29.04.2025 by paying requisite fee :o an amount of Rs.5,86 946/- as per G'O'Ms'No'28' Municipal Administration and Urban Develrlpnrent (Plg III) Department, dated 20.O2 2021 In spite rtf paying requisite fee, the respondents are not recciving the document presented by the petitioner lor registratiorr and requested to direct the respondent authorities to receive and register the document- presented by the petitioner by considering the re quisite fee paid by the petitioner for LRS as per G.O.Ms.No'28, Municipai Administration and Urban Developrrrent (Plg'III) Department, dated 2lO'O2 2025' 4, On the other hand, learned Assistant Government Pleader frtr Stamps and Registration orally submits that the petitione r has not presented any document within prescriberd point of time. If the petitioner presents the same before the Registering authority, the respondents will receive tl:re same and follou' the procedure as contemplated \ ) I I iI sx, J W.P.N9.263O7 of 2O2S under the Registration Act, 1908 for processing the same or they will pass orders under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908)

5. In view of the submissions made by learned Counsel on both sides, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document of the petitioner 1ty taking into account of the amounts paid by the petitioner as per G.O.Ms.No.28, Municipal Administration and Urban Development (P1g.III) Department, dated 2O.O2.2O25, 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 o[ 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 sha,ll be no order as to costs \ .- \ \ -----"rt 4 SK, J W.P.No.263O7 of 2O25

6. Misce.laneous Petitions, if any, pencling in this writ petition shall stand closed SD/.A. SRINIVAS A REDDY AS //TRUE COPY/i T ICER State To,

1. The Principal Secretary' Revenue Department' Secre Of Telangana. 2 J 4 The Commissioner And lnspector General Of Registration And Stamps' Telangana, HYderabad The District Registrar, Medchal-Malkajgiri District office at Medchal' Medchal- Malkaigiri District The Sub-Regis;trar, Quthbullapur At Quthbullapur Mandal' Medchal-Malkajgiri District

5. One CC to SRI K.PRADEEP REDDY' Advocate [OPUCI 6 Two CCs to GP FOR STAMPS-& REGISTRATION' Hi3h Court for the State " oi%ir"sr;a at HYderabad [oUTl 7. Two CD CoPies BSR BS (tv HIGH COURT DATED:17 10912025 ORDER WP.No.26307 of 2025 'i il i_i. t'.tt1 ':, !lr ' ' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS rE (u (o >\-- ,,{^\ui