✦ High Court of India · 06 Oct 2025

The High Court · 2025

Case Details High Court of India · 06 Oct 2025
Court
High Court of India
Decided
06 Oct 2025
Bench
Not available
Length
1,049 words

Sri Boyapally Shekar Reddy, S/o Late Boyapally Bal Reddy, Aged about 48 years, Occ ; Business, R/o H,No.2-64l1 , Almasguda Village, Saroornagar Mandal, Ranga Reddy District, .....PETITIONER AND

1. The State of Telangana, Rep by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad.

2. The Sub- Registrar, lrlaheshwaram Mandal, Ranga.Reddy District. ....,RESPONDENTS Petition Under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of lVandamus. declaring the action of the Respondents more particularly Respondent No.2 herein in not processing, registering and releasing the Sale Deed presented by the petitroner in respect of all that the piece and parcel of Plot No.25 North Part, admeasulng 124 Sq.Yards and Plot No.42 South Part, admeasuring 127.5 Sq.Yards., both plots in Sy.No.41 (As per Latest Online Pahani Sy.Nos.41lAllA, 41lA1lAA, 41lA2lA, 41lA2lAA), situated at Mankhal Village, Maheshwaram Mandal, Ranga Reddy District, Under Thukkuguda Ir/unicipality, Registration Sub- Registrar Office. Maheshwaram, is illegal, arbitrary, in violation of Articles 14,21 and 300-4 of the Constitution of lndia and also in violation of Registration Act and consequently to direct the Respondent No.2 to process, register and release the Sale Deed presented by the petitioner in respect of all that the piece and parcel of Plot No.25 North Pal admeasuring 124 Sq.Yards and Plot No.42 South Part, admeasuring 127.5 Sq,Yards., both plots in Sy.No.41 (As per Latest Online Pahani Sy.Nos.41lA1lA,'11iA1lAA, 41lA2lA, 41lA2lAA), situated at Mankhal Village, Maheshwaram Man jal, Ranga Reddy District, Under Thukkuguda Municipality, Registration Sub- Registrar Office, Ma heshwa ram. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court r.r ay be pleased to direct the Responden: No.2 to process, register and release the Sale Deed presented by the petitioner in respect of all that the piece and p rrcet of plot No.25 North Part, admeasuring 124 Sq.Yards and plot No.42 South )art, admeasuring 127.5 Sq.Yards., both plots in Sy,No.4't (As per Latest Online pahani Sy,Nos.41lA1lA, 41lA1lAA, 41lA2lA,41lA2tAA), situated at t\4ankhat Viilage, Maheshwaram Mandal, Ranga Reddy District, Under Thukkurluda Municipality, Registration Sub-Registrar Office. Maheshwaram, pending disp osal of the above writ petition. Counsel for the Petitioner : SRI KATIKA RAVINDER REDDy Counsel for the Respondents : SMT S.SRAVANTHI, AGp FOR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTTCE K.SARATH WRIT PETITION No.3O143 of 2025 ORDER: Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the materia-l on record. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the respondents more particularly respondent No.2 herein in not processing, registering and releasing the Sale Deed presented by the petitioner in respect of a1l that the piece and parcel of Plot No.25 North Part, admeasuring 124 square yards and Plot No.42 South Part, admeasuring 127.5 squa-re yards, both 1n Sy.No.41 (as per latest online Pahani Sy.Nos.4llAllA, 4llAllAA, 4llA2lA, 4l/A2lAAl, situated at Mankhal Village, Maheshwaram Manda-l, Ranga Reddy District, under Thukkuguda Municipality, Registration Sub-Registrar office: Maheshwaram, the petitioner filed the present writ petition o

3. Learned Assistant Government Plead,:r for Stamps and Registration submits that without ltresenting the document, the petitioner has approache< this Court seeking regis;tration of the document. Il .he petitioner presents the same before the Registering rLuthority, the respondents ,.vill receive the same and follou,' :he procedure as contemplated under Section 71 of the Rerl;istration Act, 1908 (for short, 'the Act, 1908).

4. The Section 77 of the Act, 1908, reads as follows: Reasolrs for refusal to register to be recordec .- ( 1) E ,,ery Sub-Registrar refusing to r,r lister a docurnent, except on the ground that the p - )perty to which :it relates is not situated r,vithin lris sub- district shall make an order of refusal and 'ecorded his rerlsons for such order in his Book I,l r.2, and endors,e lhe u,ords "registration refusec.l" on the docun-.ent; and, on application madc b,\':rn pcrson executing or claiming under the documer t. shall, r'r,ithou t payment and unnecessary dcla_r,, gr er him ar copy oI the reasons so recorded. (2) No registering officer shall accept for relg srration a document so endorsed unless and until, r.r rder the provisicns hereinafter contained, the docu ment is directeC to be registered. 3

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 190g, 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 weil 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 this Court has not expressed any opinion on merits of the case as to tl-re entitlement of the petitioner to get tl-ie subject document registered. There shall be no ordeI as to costs.

6. Miscelianeous Petitions, if any, pending in this writ petition shall stafld cl osed. //TRUE COPY// SD/.A. SRINIVASA REDDY SSISTANT REGISTRAR SECTION OFFICER

1. The Principal Secretary, (Stamps and Registration) Secretariat, State of Telangana at Hyderabad,

2. The Sub- Regisirar, Maheshwaram Mandal, Ranga Reddy District. 3. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

4. Ohe CC to sRl KATIKA RAVINDER REDDY, Advocate [oPUc] 5. Two CD Copies 0n- To SA BS HIGH COURT DATED:0611012025 ORDER WP.No.30143 of 2025 :'. ,.\ ' i ;"- .(-:" r;'.' _) '-) B7 EI, M i, il i,' |\ |/ '-i DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. q iL Ib 1 I

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