High Court · 2005

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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declarrng the inaction of Respondent No.3 i.e., The Sub- Registrar, Quthbullapur. Medchal-Malkajgiri in receiving and registering the Sale Deed presented by the petitioner in respect of all that the House bearing No. 05- 0O11227 (PTIN No. 1250114002) on Plot No 227,land admeasuring 142.0 Sq. Yards or equivalent Io 118.71 Sq. tVltrs, with a Plinth area of 450.0 Sft of ACC in Survey No. '107, Situated at Surararn Colony of Suraram Village, Quthbullapur Mandal, under GHN/lC limits, Medcha l-tvla lkajgiri District, Telangana State., on the basis of prohibitory list under Sectron 22-A of Registration Act 1908 as per as per the 1. Ranga Reddy District Gazette Notification R.R No. 83, communicated Joint Colle'ctor, Ranga Reddy vide File No' Est4730t2O13lQuthbull;rpur/SuTaram. daled 25-09-2013, 2. Deputy collector and TahalsildharQuthbuIlapurlrrlandal.FileNo,Bt5S3l2ol2.daledlT-02-2012and3. Gazette Notification No. 134' dated 10-03-2005 and G O Ms No 296' Revenue (Registration. 1), 9th March 2005 communicated b1) commissioner and lnspector General(RevenueandStamps),HyderabadvideFileNo,Gl/4661/2005,Dt.02. 07 -2005, as illegal, arbitrary' in violation of Articles 14' 21 and 300-A of constitution of lndia arrd also in violation of Registration Act 1908, besides in violatton of Princrples cf Natural Justice and consequently direct the Respondent No.3 to receive and re-clister the Sale Deed presented by the petitioner in respect of ail that the House be,aring No 05-001/227 (PTIN No. 1250.1 14002) on Plot No' 22T.landadmeasurtngl42.0Sq.YardsorequivalenttollSTlSqlt'4trs'witha P nth area of 450 0 sft of ACC in Survey No. 107. Situated at Suraram colony of Suraram Village, Quthbullapur Mandal, Under GHMC limits, lVledchal-Malkajgiri District, Telangana State., without reference of '1 Ranga Reddy District Gazelte Notification R.R. No 8iJ. communicated by Joint collector,Ranga Reddy vide File No. E5/4730/201 3/Quth bu llapur/Su ra ram,date d.25-O9-2O13.2 Deputy collector and Tahalsildhar Qr.rthbuilapur t\rlandal, File No. 8t58312012, dated.l7-02-2012 and3.GazetteNotifrr:ationNo..134,dated'10-03-2005andG'OMsNo296' Revenue(Registrationl),gthlVarch2005communicatedbyCommissionerand lnspector General (Revenue and Stamps)' Hyderabad vide File No' G1 t4661 12005. Dt.02-07 -2005 lA NO: 1 OF 2025 Petition under s,ection 151 CPC praying that in the circumstances stated in the affidavit filed in sLrpport of the petition, the High Court may be pleased to direct the Respondent No. 3 herein to receive and register the Sale Deed presentedbythepetitionertnrespectofallthattheHousebearingNo.05- oo11227 (PTIN No, 1250114002) on Plot No.227,land admeasuring 142.0 Sq. Yards or equivalent lo 118.7 1 Sq.lVltrs, with a PIinth area of 450.0 sft of ACC in survey No. 107. situated at Suraram colony of suraram Village. Quthbullapur tvlandal, under GHM,3 limits Medchal-Malkajgiri District. Telangana State, without reference of 1. Ranga Reddy District Gazette Notification R.R. No. 83, communicated by Joint Collector Ranga Reddy vide File No' i I I I Ii l I E5/473012013lQuthbullapur/S uraram, dated 25-09-2013,2. Deputy Collector and Tahalsildhar Quthbullapur Mandal, File No. 8158312012. daled.17-02-20'12 and 3. Gazette Notification No. .1 34, dated.10-03-2005 and G O.l/ls No. 296. Revenue (Registration 1), 9th tUarch 2005 communicated by Commissioner and lnspector General (Revenue and Stamps). Hyderabad vide File No. G1i466112005, Dt,02- 07-2005, pending disposal of the above writ petition. Counsdl for the Petitioner: SRI NANJALA SRINIVAS Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.28154 of 2o25 ORDER: Heard Sri Nanj a,la Srinivas, learned counsel for the petitioner an d 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. r\ggrieved by the action of respondent No.3 in not receiving ald registering the subject sa-le deed presented by the petitioner in respect of House bearing No.OS-OOL/227 (PTIN No. 1250 1I4OO2) on plot No.227,land admeasuring

142.0 Sq.yard:; or equivalent to 118.71 Sq.meters, with a Plinth area of 450.0 Sq.ft of ACC in Survey No.l07, situated at Suraram Oolony of Suraram Village, euthbullapur Mandal, undcr GHMC limits, Medchal_Malkajgiri District, Telangana State, the petitioner liled the present Writ Petition

3. Learned r\ssistalt Government Pleader for Stamps and Registraticrn appearing lor the respondents subrrrits o Lhat, without presenting the subject document, the petitioner has approached this Court seeking registration of the said document. If the petitioner presents the same before the Registering authority, the respondents will receive the same ald follow the procedure as contemplated under Section 71 of the Registration Act, 19Og (for short, 'the Act, i908).

4. Section 7l of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded-._ (1) Euery Sub Registrar refusing to register a docttment, except on the ground that the propertA to uthich it relates is not situated. u-tithin his sub d.istict shall make an order of refusal and. recorded_ his reasons for such order in his Book No.2, and end.orse the words "registration refused" on the document; aid, on application mctde bg anA person exeanting or claiming under the document, shall, utithout paAment and unnecessary delag, giue him a copy of the reasons so recorded. (2) No registeing offi"cer shall accept for registration a document so endorsed unless and. until, under the proukions hereinafter contained, the d.ocument is directed to be registered.

5. In view of the aforesaid submissions coupled with the provision unrler Section 7l of the Act, 19O8, this Writ Petition is disposed of directing the Registering Author-ity to receive and register the subject document that may be presented by the petitioner 1n respect of the subject property, sutrject to the petitioner complying with the provisions of the Act, 19OB 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 1.his Court has not expressed any opinion on merits of the ,lase as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs. Miscellaneous Petitions, if any, pending 1n this writ p etition shall stand closed. //TRUE COPY// SD/.4 S . SRINIVASA REDDY REGrsrRAR \ro*t ECTION OFFICER To, 1 The Principal Se'cretary (Stamps and Registration)' Secretariat' Hyderabad' State of Telangatra

2. The District Reg i strar, Irrledchal-tt/lalkaj gi ri District 3. The Sub-Registrar. Quthbullapur' Medchal-Malkajgiri District 4. The Collector, Meochal-Malkaigiri District'

7... 5 The Tahasildhar, Quthbullapur lrrlandal, Medchal-lrlatkajgiri Diskict 6 One CC to SRI NANJALA SR|N|VAS, Advocate [OPUC] 7. Two CCs to GP FOR STAhIPS & REG|STRAT|ON, High Courtforthe State of Telangana at Hyderabad [OUT] B. Two CD Copies BSR BS W \ HIGH COURT DATED:1810912025 t I I I .,a' $B CII m5 \i-. _ \. - ORDER WP.No.28154 of 2A25 DISPOSING OF THE WRIT PETITION' WITHOUT COSTS \\ I \r) 7A