High Court · 2025

tPD:,.!6::;f i,fi!",[l3l$3,i8:1fl *"r.{"i!f^q,,"i.,B]###,"?:ffl 6p"plx?['e,'Krr,iirrbiV, Hvderabad Rep bv its Mar Damodar Rao. Ir,4/s. Ivlakuta Developers, A Partnership Firm, having its registered office at Plot No. 268, Telecom rtrug''i',tuJi.rifiJ*li' Hyderaba-d - 500 032 Rep' by rts il;;iidp;hner Mr. Janaidhan Kompallv' .....PETITIONERS AND 'I:i"'"'35;Lti:L'ff a"?.T:i's"Jlii,[?:f :x;#?ts',ul'"?;01:"' 3-953, Registration ahaiin] at-h unO sif' ftoot' Nizam Shahi Road' 6;;;;s;;i. N/.J lr,/arket, Hvderabad - s00 001' 2,CommissionerandlnspectorGeneral(StampsandRe.gistratron),officeat5-

3. The District Registrar, Stamps and Registration' Medchal-Malkaigiri District 4. Sub-Registrar, Quthbullapur, tVledchal-lvlalkajgiri District' .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleased to issue an Order, Writ or direction more particularly in the nature of the writ of Mandamus, a. Decraring the inaction of the Respondents more particurarly the respondent No.4 in not receiving' registering and releasing the Sale Deed presented by the Petitioners in respect of all that semi-finished Flat No 201 (as per HIr/DA Plan Flat No 202)' in 2nd Floor' in E Block' in the said residential apartment known as ADR and Makuta's My Space -2' with built-up area of 2285 Square Feet, and one car parking is alotted from Deveroper Share, incruding a amenities, along with undivided share of rand admeasuring 4s.19 square yards, out of land admeasuring 27,42g square yards, in Survey No. 140 paft, situated at Bachupally vilrage and r\,4andar, under Nizampet rvunicipal corporatron, Regn. sub Dis Quthbulrapur, Dist and Regn District Medchar - Markajgiri, Terangana on the premise that this Hon'bre court has passed a Stay order dated 02-02-2023 in l.A. No.4 of 2023 in w-A No. 7s4 of 2022. Further, the action of the Respondent No.4 in not receiving, registering and rereasing the sare Deed presented by the Petitioner in respect of the subject property is chailenged as being bad, arbitrary, high-handed, illegar, un co nstitutiona r, viorative of Articre 14, 21 and 300-4 of the constitution of rndia and b. consequentiaily, direct the Respondent No.4 to receive, register and rerease the petitioners' sare Deed in respect of the subject property. l.A.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 Respondent No.4 herein to receive, register arid rerease the sare Deed presented by the Petitioner in respect of ail that semi-finished Frat No. 201 (as per HIVDA Plan Frat No. 202), in 2nd Froor, in "E" Brock, in the said residentiar apartment known as "ADR and IVrakuta's My Space -2", with buirt-up area of 22gS square Feet, and one car parking is ailotted from Deveroper Share, incruding ail amenities, arong with undivided share of rand admeasuring 45 .1 g Square yards, out of land admeasuring 27,429 square yards, in survey No. .140 part, situated at Bachupally Village and Mandal, under Nizampet l\rlunicipal Corporation, Regn. Sub Dis Quthbullapur, Dist and Regn District Medchal _ lValkajgiri, Telangana, pending disposal of the present writ petition. counsel for the Petitioners : sRr A.vENKATESH, LEARNED sENroR couNSEL SRI D.SRINIVAS RAO counsel for the Respondents : sMT s.SRAVANTHT, AGp FoR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE K'SARATH WRTT PETI N No.27495 oF 2025 ORDER: and Mt's.S Slavanthi , FIeard Sri A.Vt:nkartcsh, lcarncd Senior Counsel appearing for Sri D Srinivas Ra<l, lt:at ned Counsel lor the Iealned r\sstsLatrL pctltloners Governmcnt Plcadcr for Stamps and Registratlon appearing for the respond'ents With their consent' this writ petition is disposecl of at the sragc of admission'

2. Aggrieved by the action o[ the respondcnt No 4 he rein in not rcceiving ancl proct:ssi ng Lhc docurncnt for registralion, presenLed by the petirioncrs' in rcsllcct of semi-finished Flat No 20l (As per HMDA Plan lilat' No ?o21. in )tt't Floor, 'll' Blrlr:1<' in thc re siclcntial apartmenl. known ers "ADR & MakuLa's My Space-2"' with built up area ol 2285 Sq lrccL, along wilh undivirlccl shareoflancladrnt'asuringtoallCxtcntc-rf45.19Squarc Yardsouto[lerncladmcasuring27,429Sq'Yardsirl Survey No.l40 Patt, situatcd at [3achr-rpally Village anci sfi. J W.P.No.2Z4gS OF 202s Mandal, Nizampet Municipal Corporation, Medchal_ J\lalkajgiri District, 1^c petitioners filed the pr-esent writ - pr:titic.rn. a Leari-red Assistant Government pleader for Stamps and Rcgistration subrnits that without presentrng the document, the petil.ioners have approached this Court lspeking rcgistration ol thc clocument. If the petitionei.s a.; 7 llegisterrng autiroritv, ts thc sarle l-tr:ftrre thr: dents r,r'ill rcceive the same and follorv the re as colttFjmplatr:d uncler the Regrstration Act or terirtg air Lhorit-y will pass ordt:rs under Se ction Registration Act, 19Og (icrr short, the Act, on 7l of the Act, 190g, reads as follows s for relusal to register to be recorded._ Surr Jl.pisirar rr-lusing Io r.cgisr..r a d ,(.um.rr n thc grorrnd rhat the propert lv to wh ich it relates tLat(jcl \\,1thin his sub-clisLrict shall rn al<e an refr '-..r - -rd' anci r(,cordcd his reasons for sl:ch orcler ook No.2 and cndorse lhe u.ords ..rcgrstration l I I : I ! 3 SI{, J W.P.No.27495 OF 2O25 refused" on the document; and, on appiication made l)Y any person executing or claimlng under the document' shall, without payment and unnecessary delay' give him a copy of the reasons so recorded' (2) No registcring officer shall acccpt for rcgisLraLrot-t a unless and unti1, under the document so endorsed conttlin! d, provisions he rcit'r aftcr dirccred to bc rcgistercd thc documt nt ln vieu' of the above made submissions couplcd with 5. the provision under Section 71 of the Act, 1908' Lhis r'l'rit petition is disposed of directing thc Rcgistering Authoritl' I I to receive, register and release the subject document' subject to the petitioners 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 thcr document presented before him, if he has any objection' by duiy assigning reasons ln support of such deciston and communicate the said decision to the petitioners lt is made clear that this Court has nol expressed any opinion on merits oi the case as to the entitlement of the \ .r 4 SK, J W.P.No.2749S OF 2O2s - petltioncrs to get the subject document registered. There shall be no ordcr as to costs. 6 Miscellaneous pr:titions. if an1,, pending in this r,,,,rit peLition shall stand closecl. ,TRUE COPYII SD/.P. PONNA KRISHNA ASSISTANT REGISTRARe SECTION OFFICER

1. The Secreta,ry, Department of R-errenue, Revenue and Stamps Office at ^ Secretariat, Tank Bund, State of Telangani ai fivOeraOaO z. rne uommrssioner and rnspector Generar (Stam-ps and Registration), office -- at 5-3-953, Registration Bhbvan. 4th and sin Fro6r, ruizam Snani-noi'0, - Osmangunj, M.J Market, Hyderabad _ 5OOOO1.-- ' 3' The District Registrar, stgl.os and Registration, IVedchar-r\4arkajgiri District. 1. Jt u S^r1b- Reg_is_trq r, e uth b u l ia p u r, weOih a t_ trrta l t<a iq i ri D i strict 5. Two CCs to Gp FOR REVENUE, High du,1 fo;Ii.,L Staie oi tetangana at 6. One CC to SRt DSR|N|VAS RAO, Advocate tOpUCl 7. Two CD Copies Hyderabad. [OUT] ry/ To SA GJP HIGH COURT DATED:12 109t202s t::,, 2 5 sEP ZtXt :'i / -',,/ ORDER WP.No.27495 of 2O2S DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. q