Nerella Thirupathi v. 1. 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, writ, order or direction especially one in the Nature of Writ of Mandamus declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deeds dt.13-08-2025 presented by the petitioner in respect of open place admeasuring 249.50 sq. yards or 208.61 Sq. meters in Sy.No.79/B and ACC House No. 15-3-76l5t414lAll, admeasuring 249.50 sq. yards or 208.61 sq. meters in Sy.No.79/8, situated at Rekurthy Village, Kothapally [vlandal, Karimnagar District within the limits of Karimnagar Municipal Corporation pending registration of sale deed as illegal, arbitrary, unjust, unreasonable against the principles of natural justice keeping also illegal and arbitrary and consequently direct the 3rd respondent to receive, register and release the sale deeds dt.13-08- 2025 presented by the petitioner in respect of open place admeasuring 249.50 sq. yards or 208.61 Sq. nreters in Sy.No.79/B and ACC House No 15-3-7615l414lAl1, admeasuring 249.50 sq. yards or 208.61 sq. meters in S y No 79/B, situated at Rekurthy Village, Kothapally Mandal, Karimnagar Distri,;t within the limits of Karimnagar [/unicipa Corporation in the interest of justice |.A.NO:'l OF 2025 Petition Under Section 151 CPC praying that in the r ircumstances stated in the affidavit filed in ,support of the petition, the High CoLrrt may be pleased to direct the 3rd responclent to receive, register and release tl e sale deeds dt.13-08- 2025 presented by the petitioner in respect of open place a lmeasuring 249.50 sq. yards or 208.61 Sq. rneters in Sy.No.79/B and ACC House No. 15-3-76151414lAl1, admeasuring 249.50 sq. yards or 208.61 sq. meters in S y.No.7918, situated at Rekurthy Village, Kothapally [VIandal, Karimnagar Distr )t within the limits of Karimnagar lilunicipal Corporation in the interest of justic:, pending disposal of the main writ petition. Counsel for the Petitioner : SRI Y.BALA MURALI Counsel for the Respondents : SMT S.SRAVANTHI, AGP -OR REVENUE The Court at the stage of admission made the following ()RDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.27L64 of 2025 ORDER: Heard Sri Y.Bala Murali, learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps a:ld 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.3 herein in not receiving, registering and releasing the Sale Deeds dated 13.08.2025 presented by the petitioner in respect of open place admeasuring 249.50 Square yards or 208.61 Square meters in Sy.No.79/B and ACC House No.15-3- 761514/4lAl L, admeasuring 249.50 Square yards or

208.61 Square meters in Sy.No.79/B, situated at Rekurthy Village, Kothapally Mandal, Karimnagar District within the limits of Karimnagar Municipal Corporation, the petitioner filed the present writ petition. - 3. Learneci Assistant Government Pleac cr for Stamps 2 sK, J W.P...to.27764 oJ 2025 arld Registralion submits that without presenting the document, the petitioner has approach,rcl this Court seeking registration of the document. lf the petitioner presents the same before the Registering zruthority, the respondents u,il[ receive the same and follov' the proceciure as contcmplat,:d under Section 71 of the R.:gistration Act, 1908 (for shorl, 'the Act, 1908).

4. The Sectitn 7 | of the Act, 1908, reads i s follows: Reasons for refusal [o register to be recorcl :d.- (1) Evi:ry Sub-Registrar refusing to egistcr a documt nt, except on the ground that thc l,roperty to rvhich rt rclates is not situated withi:-r his sub- district shall makc an order of refusal al)( I recorded his rear;ons for such order in his Book No.2, and cndorsc thc words "registration refusr:< " on the clocume'nt; and, on application made by illlv pcrson cxecuting or claiming under the docunt,:n l, shall, rvithout payment and unnecessary delay, grve hrm a copy of lhe reasons so recorded. (2) No registcring officer shall accept for r,:gistration a docunrent so endorsed unless and until, under the provisions hereinafter contained, the do, ument is <lircctecl to be registered. J sr(, J W.P.No.27754 of 2O25

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, 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 asslgnrng reasons ln 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 gct the subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ i petition shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL PUTY REGISTRAR SECTION OFFICER The Prrncipal Secretary, Registration and Stamps Department' Dr' B' i"i"."r"J S"itetariat, State of Telangana at Hyderabad' iiJb]tiriit Cottector, Jagtial, Jaqtral District' il: i;"tl!il;;ni'ioinG'o R;;l;[';' Nookaparre M-andar' Jastiar Di i;'; b"i;;tF'r-on iEver'ruE, High court rbr the state or relanga Hvderabad lOUTl s ol,".,"cciJ s'nr V'anr-n MURALI' Advocate [oPUC] 6. Two CD Copies To ,| 2 3 4 SA GJP R. Ambedkar strict. na at HIGH COURT DATED:1 010912025 ORDER WP.No.27164 of 2025 ,!,- .i .-, ,:\ '- r:).-'\ l0ffPzrfi \ DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.