The High Court · 2025
Case Details
Acts & Sections
1. Potlapally Sridhar Babu, S/o. P. Jaya Rama Rao, Age. 5'l Years, Occ. Advocate, Rl/o. H. No. 7-4-511 , Employees Colony, Jammikunta, Karimnagar District. AND 1 The State of Telangana, Represented by its Principal Secretary to the Stamps and Registration Department, Secretariat Buildings, Hyderabad. 2 The Sub-Registrar (S.R.O.), Kapra, Medchal Malkajgiri District. ...PETITIONER ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, declaring the action of respondent No. 2, in refusing'to receive, register and release the Sale deed presented by the petitioner in respect of the his house i.e., residential house bearing No. 1-10-11200155 (PTIN No. 1010128791) on plot No. 55, in Sy. No. 200, 2O1 and 202 admeasuring 200.00 Sq. Yds equivalent to 167.2 Sq. Mtrs, with built up area of 3093.00 Sft,-consisting of Ground Floor 1031 Sft plus First Floor 1031 Sft plus Second Floor 1031 Sft situated at [Vlaruthi Nagar, Kushaiguda under G.H.M.C. Kapra Circle and Mandal, tvledchal Malkajgiri District, is nothing but arbitrary, illegal, null and void, without jurisdiction, contrary to the provisions of Registration Act, '1908 and in violation of Articles 14, 19 and 21 of Constitution of lndia. Consequently direct the respondent No. 2, herein to forthwith receive, process, register and release the Sale deed presented by the petitioner in respect of the above referred house i.e., residential house bearing No. '1-'1 1010128791) on plot No. 55, in Sy. No. 2O0,201 and 202 Sq. Yds equivalent to 167.2 Sq. Mtrs, with built up area of 3 of Ground Floor 1031 Sft plus First Floor 1031 Sft plus {i situated at [Maruthi Nagar, Kushaiguda under G.H.M.C. Ka: t\iledchal tr/alkajgiri District. )-11200155 (PTIN No. admeasurinQ 200.00 )93.00 Sft, consisting :cond Floor 1031 Sft 'a Circle and Mandal, lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir lumstances stated in the affidavit filed in support of the petition, the High Corrr : may be pteased to direct the respondent No. 2, to forthwith receive, process, rr; lister and release the sale deed presented by the petitioner of the house i.e., resi lential house bearrng No. 1-10-1i200l55 (PTIN No. 10'10128791)on plot No. Sii. in Sy. No. 2OO,2O1 and 2O2 admeasuring 200.00 Sq. Yds equivalent to 167.2 I q. I\,4trs, with built up area of 3093.00 Sft, consisting of Ground Floor 1031 Sft + :irst Floor 1031 Sft + Second Floor 1031 Sft situated at lr/aruthi Nagar, Kusha l uda under G.H.lV.C. Kapra Circle and [\/andal, Medchal Malkajgiri District. Counsel for the Petitioner(s):SRl. K VENUMADHAV Counsel for the Respondents:SMT. S. SRAVANTHI, AGp t:l )R STAMPS AND REGISTRATION The Court made the following: ORDER T}IE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2849O of 20.25 ORDER: . Hcard learned Counsel for the petitioner and Smt. S. Sravanthi, learned Assistant Government pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission itself.
2. Aggrieved by the action of the respondent No.2 in rcfusing to receive, register and release the Sale Deed presented by the petitioner in respect of his house i.e., Residential house bearing No.1- 10_ 1/2OO/55 (plIN No.101012879t1 on plot No.55, in Sy.No.20O, 20t and, 2O2 admeasuring .200-00 square yards equivalent to 167.2 square meters with built up area of 3093_O0 square feet, consisting of Ground Floor 103 1 square feet+ first lloor 103 I square feet+ second floor 103 1 square feet, situated at Maruthi Nagar, Kushaiguda under GHMC Kapra Circle and Mandal, Medchal Malka.ygiri District, the petitioner hled the I preseat writ petil ion. =:: ]-:<=.i-:+--:_ 2 SI(, J \ '.P.No.2849O oJ 2025
3. Learned Assistant Government pl :ader for Stamps and Registration submits that withor- t presenting the document, the petitioner has appro::hed this Court seeking registration of the document. I[ the petitioner presents the same before the Registerrtg authority, the respondents will receive the same and fc I ow the procedure as contemplated under Section 71 of th( Registration Act. 1908 (for short, the Act, 1908,). 4 The Section 7l of the Act, 1908, rea:s as follows Reasons for refusal to register to be rec, rded.- (1) Every Sub-Registrar refusing r register a document, except on the ground that rl e property to which it relates is not situated u.i l in his sub- district shall make an order of refusal rnd recorded his reasons for such order. in his Bo, k No.2, and endorse the words 'registration ref t ;ed" on the document; and, on application made I . any person executing or claiming under the doc I ment, shall, withoul payment and unnecessary delt r, give him a copy of the reasons so recorded. (2) No registering officer shall accept frr registration a document so endorsed unless and r-rrr i1, under the provisions hereinafter contained, the locument is directed to be registered. / 3 sIr, u W.P.No.2849O oJ 2O2S
5. In view of the above made submissions coupled with the provision under Section 71 of the Act, I90g, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the document presented before him, if he has arly objection, by duly asslgnlng 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 shar be no order as to costs. 6 Misceilaneous Petitions, if arry, pending in this writ petition shall stand closed. sD/-4. RINIVASA REDDY ANT REGIS //TRUE COPY// S ION OFFICER To, '1 . The State of Telangana, Represented by its Principal Secretary to the Stamps and Registration Department, Secretariat Buildings, Hyderabad. 2. The Sub-Registrar (S.R.O.), Kapra, Medchal Malkajgiri District. 3. One CC to SRl. K VENUMADHAV, Advocate [OPUCI Q r'tl - I I
4. Two CCs to GP FOR STAN/PS AND REGISTRATTON , tigh Court for the State of Telangana. [OUT]
5. Two CD Copies PVL BS MMT HIGH COURT DATED:1910912025 ) J t SI t zz rtN2o26 * ) 11-J,;',t, 7r- P * ORDER WP.No.28490 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS M}.IT ll ta d.r