K.Laxman v. 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of 4th respondenusub-Registrar in refusing to receive and register the documents presented in respect of land in Sy.No.200 to an extent of 202-78 Sq.yds, situated at Rekurthi village, Kothapally Mandal, Karimnagar District without issue of any Notification as per section 22- A(e) of Registration Act,'1908 as wholly illegal, unjust, untenable, unconstitutional, without jurisdiction . violative of Article 300-4 of constitution of lndia, Human rights, contrary to the list of prohibited properties dated .30 .O4.2O12 of 5th respondenUTahsildar, in gross violation of order dated 07.O9.2012 made in WP.No.25199 of 2010 of this Hon'ble Court, as well orders dated 22.03 -2022 made in WP . 44223 of 2018 and batch hit by doctrine of Res.iudicata and consequen y to direct the 4th respondent to receive and r -'gister the sale deeds presented in respect of the aforementioned property. lA NO: 1 OF 202s PetitionunderSectionl5lCPCprayingthatintl.(Circumstancesstated in the affidavit filed in support of the petition, the High cc -rrt may be pleased to direct the 4th respondent to receive and process the Dl uments presented for Registration of sale deeds in respect of land in Sy.No.20l [o an extent of 202'78 Sq.-yds, situated at Rekurthi Village, Kothapally lvlantil I Karimnagar District wiihout influence of any oral instruction of 2nd respond: rt pending disposal of the above writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO PUTLUf I Counsel for the Respondents No 1,3 & 4: MRS S SRAVI.I THI AGP FOR STAMPS AND rl :GISTRATION Counsel for the Respondents No 2,5 & 6: GP FOR REVET UE The Cou( made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2756a of 2o25 ORDER: Heard Mr. Srinivasa Rao Patluri, learned counsel for the petitioner and Mrs. S.Sravalthi, learned Assistant Government Pleader for Stamps and Registration appearing lor the respondents. With their consent, this writ petition is disposed u[ ;it lhc stage ol ad mission .

2. Aggrieved by the action of respondent No.4/Sub Registrar in refusing to receive and register the documents presented in respect of Iand in Sy.No.2OO to an extent of 2O2.ZB Sq. yards situated at Rekurthi Village, Kothapally Mandal, Karimnagar District, without issue of any Notihcation as per section 22- A(el of Registration Act, 1908, the petitioner filed the present writ pe Lition.

3. Learne d Assistalt Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents the same belore the Registering authority, the respondents will receive the same and \ 7 foilow the proccdure as contemplated under S ection 71 of the Registration Act, 1908 (for sl.rort, 'the Act, 190ti

4. Se ction 71 of ttrc Act, 1908, reads as folLr ''s' Reasons for refusal [o register to be rccordet (1) t)vcry. Sub Registrar refttsing to regrster i except ot1 Lhe ground lhat the properh- | relatcs is not situatcd r,.'ith in lais sub distnci an order o[ rcfusal ard rccorded his reasr'l order ilt his Book No.2, and cn<iorse "registration re[usccl" on the documcnt application madc by .uiv pcrson executtng under ll're docurnen[, slrall, without p L Llnnccessary dctay, give him a copy of th': recorded. doclrment. r which iL ;hall make s for such hc rvords and, otr rr clairning ment :rnd reasons so (2) No registcriug ofhccr shall acccpt for tc iistratLon a documet-rt so cnclorscd r'tnless and unlLl, un(lcr ll.le provisions hercinaftcr contained, thc tlr curnent rs directcd to be registered.

5. In view of the aforesaid submissions )oupied with r'he provision under Section 71 of the Act, L9OB, t ris writ petition is disposed of directing the Registering Authoi ty to receive and register tkre subject clocument that may be presented by the petitioner in respect of the subject proper'l /, subject to the petitioner complying with the provisions of i"l ( Act, l90B as well as the Indian Stamp Act, 1899. It will be open to the t I t 3 Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such dccision and <:ornmunicate thc said decision to thc petitioncr-. It is made clear that this Court has not exprcssed any opinion on merits of the case as to the entitlement o[ the petitioner to get the subjcct documents registered. There shall be no order as to costs.

6. Miscell:rneous petitions, il any, pending in this writ pctition sh:rll stand closed. //TRUE COPY// Sd/.T.SRINIVASA REDDY ASSISTANT REGISTRAR G SEGTION OFFICER To, 1 The State of Telangana, Department of Revenue (Stamps and Registration), Secretariat Buildings Hyderabad, Rep, by its Principal Secretary, 2. The Collector and District Executive lvlagistrate, Karimnagar District at Karimnagar. 3 The Distrrct Registrar of Assurence Stamps and Registration Department, at Karimnagar Town and District.

4. The Sub-Registrar, Gangadhara, Karimnagar District. 5. The Tahsildar/Mandal Revenue officer, Kothapally Revenue Mandal, Karimnagar District.

6. The Revenue Divisional Officer, Karimnagar Division, Karimnagar, Karimnagar District.

7. One CC to SRl. SRINIVASA RAO PUTLURI Advocate [OPUC] 8. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State ofTelangana at Hyderabad. [OUT]

9. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad. [OUT]

10.Two CD Copies ,W D,N/DL HIGH COURT DATED:1210912025 ORDER WP.No.27568 of 2025 " t'\ifs; It' a) (,) | 2 JAN 2026 -'t :i\ ^15,',n';r;1-1 .j ---=-_li: - :. DISPOSED OF THE WRIT PETITION VlJITHOUT COSTS l1 I 2e t> ),\