The High Court · 2025
Case Details
Acts & Sections
Sri Rasamalla Venkateshwarlu,, S/o Sri Rasamalla Wthaiah' Aged about 58 ;;;;.:*o;;;pit'on. put.'"3'"*ii", nr-o . ft n9 f -a-742t1o' N11'' Sri i1".1["t".i*"il-iliio"n"v' oJp' Au-n'va old Ase Home' Road No 1'.North iiiitl'].r:rgl?, s;iN;s;;6d,it, l.lrgit;, Uppa[ Ir/andar, Ir/edchal-tt/lalkajsiri District ... PETITIONER AND 1. The State of Telangana,, Rep by its Principal Sqcfe]aryr " f n"oi#ition and S"tamps) D'epaitment, Secretariat Buildi 2 Yh;"c";;iisronei ina lnipeitor General of Registration 3 il; s'r;-R;s-Gtiai,, tip pat, tvled cha l-lvlalkai g i ri Di stri ct' Telanoana State at HYderabad' Revenue ng, Hyderabad and StamPs,, RESPONDENTS PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe 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 Writoftvlandamus,bydeclaringtheactionofthe3rdrespondentinnotreceiving andtoregisterandreleasethesaledeedpresentedbythePetitionerinrespectof the Flat No.103, in First Floor, bearing Municipal No'2-3-742i SVR/103' (PTIN 1o3o211274)of'SRlVENKATESWARARESlDENCY.admeasuringlT50Sq.feet, of plinth area (including common areas and car parking area)' together with an undividedshareoflandadmeasuring46sq.yds.,or3345Sqt\iltrs'outoftotal land admeasuring 640 Sq.yds, or 535 04 Sq Mtrs ' bearrng Premises Nos 2-3- 742110 and 2-3-742t11 , on Plot Nos 10 and 1 1' Situated at Road No 1' Lalitha Nagar, Nagole, under G.H.M.C', Hayathangar Circle' Uppal lVandal' tr/edchal- MalkajgiriDistrict,asillegal,arbitrary,unlawful'withoutjurisdictionandcontrary totheprovisionsoftheRegistrationActandlgOsandinviolationofArticlel4of Constitutionoflndiaandconsequentlytodirectthe3rdrespondenttoreceive, register and releils€r the sale deed presented by the petitioner in respect of above said property, lA NO: 1 OF 202s Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ir, support of the petition, the High Court may be pleased to direct the 3rd respondent to direct the 3rd respondent to receive, register and release the sale deed presented by the Petitioner in respect of the Flat No.103, in First Floor, bearing lvlunicipal No.2-3-742lSVR/103, (PTIN 10302i1274) of 'SRt VENKATESWARA RESIDENCY' admeasuring 1750 Sq.feet, of plinth area (including common areas and car parking area), together with an undivided share of land admeasuring 46 Sq.yds., or 38.45 Sq.Mtrs., out of total land admeasuring 640 Sq.yds., or 51i5.04 Sq.Mtrs., bearing Premises Nos.2-3-t42t1O and 2-3- 742111, on Plot Nor;. 10 and 11, Situated at Road No.1, Lalitha Nagar, Nagote, under G.H.lvl.C., Hzryathangar Circle, Uppal Mandal, Medchal-l\rlalkajgiri District, during the pendency,of the above writ petition Counsel for the Petitioner: SRI METTU PRAVEEN KUMAR Counsel for Respondents: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the, following: ORDER -7 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITI ON No.296O7 of 2025 ORDER: Heard Sri Mettu Praveen Krtmar, learned counsel for the petitionerandSmt.S.Sravanthi,learnedAssistantGovernment and Registration appearing for the With their consent, this Writ Petition is Pleader for StamPs respondent Nos.1 to 3. disposed of at the stage of admission' 2, Aggrieved by the action of respondent No'3 in not receiving, registering and releasing the sale deed presented by the petitioner in respect of Flat |Io'103, First Floor' bearing Municipal No.2-3-742/SVR/103, (PIIN 1030211274) of Sri Venkateswara Residency, aclmeasuring 1750 Sq'feet of plinth area (including comrnon areas and car parking area)' together with an undivided share of land admeasuring 46 Sq.yds. (or 38.45 Sq.Mtrs.), out of total land admeasuring 640 Sq'yds'(or 535.04 Sq.Mtrs.), bearing Premises Nos'2-3-742 llO and 2-3- T42lll,onPlotNos.lOandll,situatedatRoadNo'l,Lalitha tiagar, Nagoie, under G.H.M.C., Hayathangar Circle, Uppal .) Manda_I, Me<lcl-ral-Malkajgiri District, the petitioner filed the present Writ Petition.
3. Learned hssistant Government pleader fbr Stamps and Registration submits that without presenting the subject document, the petitioner has approached this court seeking registration of tne said document. If the petitioner presents the same before tt e Registering authority, the respondents will receive the sanre and follow the proced,re as contemplated under Section i'1 of the Registration Act, 190g (for short, ,the Act, 19O8). 4 Section 71 of the Act, 190g, reads as follows; Reasons for re usal to register to be recorded._ (1) trvery Sub-Registrar refusing to register a document, except on the grou.d that the property to which it relates ls not situated within his sub district shall make an order of refusal recorded his t-easons for such order in his Book No.2, endorse the words ,,registration refused,, on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed urLless and until, under the provisions hereinafter 'contained, the clocumcnt is directed to be registered. 3 In view of the aforesaid submissions coupled with the 5. provision under Section 71 of the Act, 19O8, this Writ Petition is disposed of directing the Registering Authority to receive' register and release the subject document that may be presented by the petitioner in respect of the subject property' subject to the petitioner 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 the document presented belore him, if he has any objection, by duly assigning reasons in support of such decisioir 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 shall be nc order as to costs.
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR & SECTION OFFICER The Commissioner and lnspector General of Registration and Stamps" Telangana il'J".ilH3ge''i:rT u p pa r, tvr e d ch a I - M a I ka j s i ri qislli 9!. d"L Two CCs to GP For stmps nni'iilgi"i"tion 'tiigr' Court for lhe State of Telangana IOUTI Two CD Copies rtretiu Prbveen Kumar Advocbte [oPU-C] . "cC -s"ri ti, To, 1 2 3 4 5 MBC GJP HIGH COURT DATED: 2610912025 FI ,,i .1.1 -) .g )ir x- ii $ r.rll t \ r._l_ f:r: *rlxi .-t:' oRqER WP.No.29607 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS