The High Court · 2025
Case Details
Acts & Sections
2. lt/lls. lVlakuta Developers, A Partnershrp Firm, having its registered office at Plot No. 268, Telecom Nagar, Gachibowli, Hyderabad - 500 032 Rep. by its [,4anaging partner [Vlr. Janardhan Kompally. .....PETITIONERS AND L The State of Telangana, Department of Revenue, Rep by its Secretary - Revenue and Stamps Office at Secretanat, Tank Bund, Hyderabad.
2. Commissioner and lnspector General (Stamps and Registration), Office at 5- 3-953, Registration Bhavan,4th and 5th Floor, Nizam Shahi Road, Osmangunj, M.J lVarket, Hyderabad - 500 001.
3. The District Registrar, Stamps and Registration, Medchal-lvlalkajgiri District. 4. Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District. .....RESPONDENTS 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 an Order, Writ or direction more particularly in the nature of the Writ of I\rlandamus, a. Declaring the rnaction of the Respondents more particularly 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. 209, in 2nd Floor, in E Block, in the said residential apartment known as ADR and lvakuta's My Space -2, with built-up area of 2205 Square Feet, and Two Car parking is allotted frorn Developer Share, including all amenities, along with undivided share of land admeasuring 43.61 Square yards, out of land admeasuring 27,429 Square yards, in Survey No. 140 Part, situated at Bachupally Village and tvlandal, under Nizampet [Vlunicipal corporation, Regn. Sub Dis. Quthbullapur, Dist and Regn District. Medchal - Malkajgiri, Telangana on the premise that this Hon'ble court has passed a Stay Order dated 02-02-2023 tn l.A. No.4 ol 2023 in w.A No. 754 of 2022. Further, the action of the Respondent No.4 in not receiving, registeflng and releasing the sale Deed presented by the Petitioner in respect of the subiect property is challenged as being bad, arbitrary, high-handed, illegal, unconstitutional, violative of Article 14,21 and 300-A of the constitution of lndia and b. consequentially, direct the Respondent' No.4 to receive, register and release the Petitioners Sale Deed in respect of the subject property. t.A.NO:1 OF 2025 Petltion Under Section 151 CPC praying that in the ctrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No,4 herein to receive, register and release the sale Deed presented by the Petitioner in respect of all that semi-finished Flat No. 209, in 2' Floor, in,,E,,Block, in the said residential apartment known as "ADR and It/akuta's My Space -2", with built-up area of 2205 Square Feet, and Two Car Parking is allotted from Developer Share, including all amenities, along with undivided share of land admeasuring 43.61 Square yards, out of land admeasuring 27,429 Square yards, in survey No. 140 Part, situated at Bachupally Village and IVandal, under Nizampet lVlunicipal corporation, Regn. Sub Dis. Quthbullapur, Dist and Regn District. Medchal - Malkajgiri, Telangana, pending disposal of the present writ petition. COUNSEI fOr.thE PCtitiONETS : SRI A.VENKATESH, LEARNED SENIOR COUNSEL FOR SRI D.SRINIVAS RAO Counsel for the Respondents : MRS. S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the following ORDER 7 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No" 27494 0F 2025 ORDER: Heard Sri A,Vcnkatcsh, lcarncd Senior Counscl appearing for Sri D. Srinivas llao, l<:arned Counsel for Lhc petitioners and Mrs.S.Sravanr-Iri, learncd AssisLanl Government Pleadcr for Stamps and Registration appearing for the rr:sponclcnts, With thcir cor.rscnt, this writ petition is disposed ol at Lhit stagt: of eidrnissron
2. Aggrieved by the action of Lhc: rcsponclcn I No.4. hereln in not receiving and proccssing Lhc clocu ntr:nt lirr rcgistraLion, presentcd bv thc pctitioncrs, in rcspcct rt1 semi-finished Irlat No.209, 2,,,r liloor, ,,E,, Block, in thc rcsidenlial apartment known as ,,ADR & Makuta,s lVt1, Space-2", with built up area of 2205 Squarr: I,-ct.ts, including undivided share of 43.61 Square yards out of land admeasuring to arr extent of ,aT .429 Squarc yarcls rn Survey No.140 Part, situatcci ar t3ar.hupal liz Vi)lagc ancl Mandal, Nizampet Municipal Cr.rr-poration, Mcclchal_ 2 .- sr, J t\1arlkalgrrr Drstrict. t1-rc petiti,r-rers filecl thc Jtre senr lr.rit pCLl[1Or).
3. Lcar.r-red Assistant Govcrnment pleader for Stamps ancl lie!{istration subrnits that rvithout presenting the document. the petitionc,rs h:rve approached this Court se<tking regisl.ration ol the documents. If the petitioners prcscnts thr: same belore tl-rc Registcring authority. the t'r:ripor-rdcr.r ts u,i1l rcceivc thc salrlc and lo1lo,w the prrtccdurc as crtntemp]ated uncler the Rggistration Ar:t or th. licgisLerir.rg Ar-rt.hority r.vrlr pass orders under Scctio. 71 ol' thc l?cgislrarlon Act, 19Og (for shorL. ,the r 908'). Ac1. 4 'l'he Secrion 7l olthe Act, 190g. reads ns f,.rilows: i{carsols lrtr r.clL sal to rccistor to ltc rccorclcd.__ (l) I!vcrl Sub-Registrar relr_rsing to register a documcnt, cxccpt or- thc ground thal thc proncrty to whi<:h it rclaLes is 1r()t sitLLat('d r\.rthin his serb,ciistrict shal: make an ordcr oI rr:fusal ancl rccorclc:c] tris r<:asons lor suctr ordr:r ir-r his IJool< No.2. and cndorsc the r,r,ords ,,registration 3 SK, J W.P.No.27494 oJ 2O25 rcfused" on thc clocumcltt; and, on applicatior) madc. l)l aln\' pcrsoil crc.Crtli|lq rtr ctlaintiig Undr,r lhC rIrICLrIIIi.I I shall. \\'rl.hoLtt patvmcltl :tnd t-lnncccssan. .lcla\, givc l-rirr a copv oi thc rr,asor]s srt rccrtr.cli'rl (2) No rcgistcring olTiccr sh:.il[ :rcccpt for rcgisrraLion a documenl so enclorsecl unlcss and until, undcr tll(, provisions hereinafter conLaincd, the documcnl. is dircctcd to bc rogis [crc:d.
5. In view of the above made submissions couplocl \\/itl-) the provision under Section 7l of lhe Act, 1908, this rvrir. petition is disposed of directing thc Registering Authority to receive, register and rclcase the sukiject documcnts, subject to the petitioncrs complying rvith thc provisions ol the Act, 1908 as well as rhe Indian Stamp Act, 1899. Ir r,r,ill 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 cjecision and communicate the said decisi<ln to the petitionr:rs. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlcment of thc 4 SK. J W.P.No.27494 of 2O2S - F,clitioncrs to gct thc subjr:r:t documetrt registe:re d 'lhere slra1l b<: no ot.ccr as to cosis 6 Misccllaneous l)ctitions, iI' any, pending in this writ p<:ti1.ion shall stand closecl //TRUE COPY' SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR SECTION OFFICER Secretariat, Tank Bund, State of Telangana at Hyderabad.
1. The Secretary, Department of Revenue, Revenue and Stamps Office at 2. The Commissioner and lnspector General (Stamps and Registration), Office at 5-3-953, Registration Bhavan, 4th and 5th Floor, Nizam Shahi Ro;d. Osmangunj, l\/.J Market, Hyderabad - 5OO OOi. 3. The District Registrar, stamps and Registration, Medchal-Malkajgiri District. 4. The Sub-Registrar, Quthbullapur, Medchal-tr/alkajgiri District. 5. Two CCs to GP FOR REVENUE, High Court for t-ti-e State of Telangana at 6. One CC to SRI D SRINIVAS RAO, Advocate [OpUC] 7. Two CD Copies Hyderabad. [OUT] To SA GJP M ..: ..it ;rl:: :; ;-- '-1l. ;i _ t-. ? 5 stP 2o2f t;: \., \i' HIGH COURT DATED:12 t09t2025 ORDER WP.No.27494 of 2O2S DISPOSING OF THE W.P WITHOUT COSTS. (d" ^Lltr 1