The High Court · 2025
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...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ or order or direction more particurarly one in the nature of wRrr oF IUANDAMUS to decrare the action of the 4rh Respondent in not registering the sare Deed presented by the petitioner in respect of agricultural land of an extent of Ac.0.30 Gts. in survey No. 638/44212 t1r1t1r1 situated at Nednur viilage, Kandukur Mandar, Ranga Reddy District on the ground of pendency of suit o.s.No . 7 of 2024 on the fire of XV Additionar District Civil Judge, violation of Ranga Reddy District at lbrahimpatnam as highly illegal, arbitrary' principles of natural justice and contrary to the provisions of Act, 1908 and consequently direct the Respondents 3 and 4 to release the documents presented by the Petitioner in respect of register and aforesaid land without reference to pendency of suit o'S No '1 of 2024 on the file Reg istratio n ofXVAdditionalDistrictCivilJudge,RangaReddyDistrictatlbrahimpatnamtn the interests of justice IA NO :1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in pleased to the affidavit filed in support of the petition' the High Court may be direct the 4th Respondent to receive' register and release the presented by the Petitioner in respect of agricultural land of an extent of Ac'O 30 Gts. in Survey No.63 8lAA2l2l1tll1ll situated at Nednur Village' Kandukur Sale Deed Mandal, Ranga ReddY District' Counsel for the Petitioner: SRI P' PANKAJ REDDY Counsel for the Respondents No'1 to 4: SMT' S' SRAVANTHI' AGP FOR STAMPS AND REGISTRATION Counsel for the ResPondent No'5: - The Court made the following: ORDER I I I l l THE HONOURABLE SRT JUSTICE K.SARATH WRIT PETITION No.2722 5 of 2O25 ORDER: Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government pleader for Stamps ald Registration appearing for respondents and perused the material on record. 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 registering the Sale Deed presented by the petitioner in respect of agricultural larrd to an extent of Ac.O_3O guntas in Sy.No.638 / AA2/2/ | / I / I / 1, situated at Nednoor Viliage, Kandukur Mandal, Ranga Reddy District on the ground of pendency of suit O.S.No.7 of 2024 on the file ol XV Additional District Civil Judge, Ranga Reddy District at Ibrahimpatnam, the petitioner filed the present writ petition.
3. Learned Assistant Government pleader for Stamps and Registration submits that the respondents wil receive the document presented by the petitioner vide Application SK. J W.P.No.27225 of 2025 No.2500580423 dated 07.O8.2O25 and process the same or follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908') for rejecting the same
4. The Sectlon 71 of the Act, 1908, reads as follows: Reasons lor refusal to register to be recorded.- (1) Erery Sub-Registrar refusing to register a document, exccpt on the ground that thc property to which it rclates is t-rot situated within his sub- distrrcl- shall make an order of refusal and recorded his rctrsons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by an]' person executing or claiming under the document, shall, u'ithou t payment and unnecessary delay, give him a copy or- the reasons so recorded. (2) No registering officer shall accept for regrstratron a documcnt so endorsed unless and until, under the provrsion s hereinafter contained, the document is directed Lo be registered.
5. In vie'*' of the aforesaid submissions coupled with the provision under Section 7I of the Act, 19O8, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document ) - a, ,.r.*".rrrr, "ylfr{ presented by the petitioner vide Application No.250OSg0423 ' dated 07.08 .2025 in respect of the subject property, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899 within four (4) weeks from the date of receipt of copy of this order. 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, pending in this writ petition shall stand closed. SD/- K. BHAVANI SWAMY S STANT REGISTRAR \ I //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to'Government, Rev91u.e (Stamps and Registration) Department, State of Telangana, Secretariat, Hyderabad. 2' The District collector' Ranga Reddy'District' 3. The District Registrar, Stamps and Registration Department, Ranga Reddy District. / f
4. The Tahsildar and Joinr sub_Registrar, Kandukur, Ranga Reddy District' 5. One CC to SRt P' PANKAJ REDDY' Advocate IOPUCI ' +ffi":3;,t:,3,3.:?fETsl,flnd 7. Two CD CoPies n"gi't*tion' Hish court ror the State or MP PVLg i I HIGH COURT DATED:1010912025 ' :- - -i:- . .. ,1:', /.:) /',., I 25 ffP m \. r \. i .Ir'," '' 'i -i I I ORDER WP.No.27225 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I I I I l l I I t p \l I ^