Sura Ramakishan 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 lr,4andamus 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.79lB and ACC House No.15-3- 761514l3lAl1, admeasuring 249.50 sq. yards or 208 61 sq. meters in Sy.No.791B, situated at Rekurthy Village, Kothapally lvlandal, 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. meters in Sy.No.79/B and ACC House \o.'1 5-3-761514l3lN1' admeasuring 249.50 sq. yards or 208.61 sq. meters in Sy No.79'l B, situated at Rekurthy Village, Kothapally [/andal, Karimnagar District within the llmits of Karimnagar Municipal Corporation in the interest of justice. |.A.NO:1 OF 2025 . Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to 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 adneasuring 249.50 sq. yards or 208.61 Sq. meters in Sy.No.79/B and ACC House No.'1 5-3-761514l3lAl1, admeasuring 249.50 sq. yards or 208.61 sq. meters in Sy No.79 1B, situated at Rekurthy Village, Kothapally Mandal, Karimnagar District within the limits of Karimnagar Municipal Corporation in the interest of justice, pending disposal of the main writ petition. Counsel for the Petitioner : SRI Y.BALA MURALI Counsel for the Respondents : SMT S.SRAVANTHI, AGP F'3R REVENUE The Court at the stage of admission made the following OIIDER THE HONOURABLE SRI JUSTICE K.SARATH IVRIT PETITION No.27224 of 2o25 ORDER: Heard Sri Y.Bala Murali learned counsel for the petitioner and Smt S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 3. With their consent, this writ petition is disposed of at the stage of admission itsclf.

2. Aggrieved by the action of the respondent No.3 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 Sq. Yards in Sy.No.79 lB and ACC House No.15-3-76 l514l3l Al 1 admeasuring 249.50 Sq. Yards 1n Sy.No.79/B situated at Rekurthy Village, Kothapally Mandal, Karimnagar District, the petitioner filed the present writ petition

3. Learned Assistant Government Pleader for Stamps anci Registration submiis that without presenting the document, the petitioner has approached this Court o \r - seeking registration of the document. Il the petitioner presents the same before the Registerinll authority, the respondents will receive the same and follou, the procedure as contemplated under Section 71 of the liegistration Act, 1908 (for short, 'the Act, 1908)

4. The Section 71 of the Act, 19O8, reads as follows: Reasons for refusal to register to be recorrled. (1) trvery Sub-Registrar refusing to register a document, except on the ground that thr: property to which it relates is not situated withrr-r his sub- district sha1l make an order of refusal and recordcd his reasons for such order in his Book No.2, and endorse the words "registration refust,rd" on the document; and, on application madc bv r.uty person executing or claiming under the docunrent, shall, without payment and unnecessary de1a1', give him a copy of the reasons so recorded. (2) No registering officer shall accept for rcqistration a document so endorsed unless and untii. r,rnder the provisions 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. 1908, this writ petition is disposed of directing the Registering Authority to receive, register ald release the subject document, subject to the petitioner complying with 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 assigning reasons irL 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, pending in this writ petition shall stand closed. //TRUE COPYII SD/-MOHD. ISMAIL PUry REGISTRAR D ECTION OFFICER 2 3 4

1. The Principal Secreta ry, Registration and Stam ps Department, Dr.B.R Ambedkar Telan gana Secretariat, State of Telangana at Hyderabad. The District Cotl ector , Jagtial, Jagtial District The Tahsildar and Jo int Sub Registrar, Nookapalle Mandal , Jagtial District. Two CCs to Gp FOR REVENU High Court for the State of Telangana at Hyderabad louTI One CC to SRI Y.BALA IVURALI Two CD Coptes , Advocate [OPUC] E E

6. To SA GJP HIGH COURT DATED:1 110912025 ORDER WP.No.27224 of 2O2S '--'. .. alr / " a\" :',.-: 2 X SEP 2025 Dr- - _:. DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. a7 11,/ I