✦ High Court of India · 26 Sep 2025

Registering zLuthority, the v. Reasons for rcfusal to register to be recordcrl

Case Details High Court of India · 26 Sep 2025
Court
High Court of India
Decided
26 Sep 2025
Bench
Not available
Length
1,105 words

Petrtion under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of 3rd respondent in not receiving / registering the document ie Sale Deed dated gth Sept. 2025 in 01 in first floor of sloka Meadows, Block- connection with the Residential Flat No A admeasuring 1220 sq feet and one car parking in Stilt Floor, undivided share of land measuring 40 sq yards out of total measuring 400 sq yards situated on plot No.7'l and72, in Survey No.491/A, Bachupally Villageand Mandal, Nizampet t\/unicipal corporation, tvedchal -Malkajgiri District, Telangana state as illegal arbitrary and against the principles of natural justice and also violative of Articles 14 19 21 and 3o0A of constitution of lndia and consequently direct the 3rd .1 respondent to receive i register the sale deed presented b'. lhe petitioner concern in favour of third parlies for the above said Flat No.101 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c ir:umstances stated in the affidavit filed in support of the petition, the High Court I: y be pleased to pass orders the Respondent No. 3 to receive and register the d,rcrrments i e Sale Deed dated gth Sept. 2025 presented by the petitioner for the Fesidential FIat No 101 in first floor of Sloka lt/eadows, Block-A admeasuring 122O sq feet and one car parking in Stilt Floor, undivided share of land measuring 10 sq yards out of total measurrng 400 sq yards situated on plot No.71 and72. n Survey No.49'llA, Bachupally Villageand [Vlandal, Nizampet Ir,4unicipal Cc,rtroration, Ir/edchal - fr/alkajgiri District, Telangana State pending disposal of the, rr ain Writ petition Counsel for the Petitioner: SRl. VOOSA RAGHU Counsel for the Respondents: Smt. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3OO24 of 202s ORDER: Heard Sri Voosa Raghu, learned counsel for the petitioners and Smt S. Sravar-rthi, Icarned Assistant Government pleader for Starnps and Registration appearing for the respondents. With their consent, this u,rit petition is disposed of at the stage of admission.

2. Aggricved by the action of the respondent No.3 in not receiving and registering the sale deed dated 09.09.2025 in connection \l'ith the l?esidential Flat No.1O1, First Floor of Sloka Meadows, Block A admeasuring I22O sq. feet and one car parking in Stilt Floor undividcd share of land measuring 4O sq. yards out of total measuring 400 sq,. yards situated on plot Nos.71 and 72 in S_y.No.49 1/A, Bachupally Village and Mandal, Nizampet Municipal Corporation, Medcha-l-Malkajgiri District, the petitioners filed the present '"r,rit petition.

3. Learned Assistant Government pleader for Stamps ar-rd Registration submits that without presenting the document, the petitioners have approached this Court seel<ing registration of l\ 2 S Ii, J ,J, r -lCr02-1 of 2025 . "l the document. If the petitioners present the same before the Registering zLuthority, the respondents rvill rec'-'ir e the same ald follow due procedure as contemplated under lit ction 71 of the Registration Act, 19OB (for short, 'the Act, 19Ot3't 4, The Section 7 i of the Act, 1908, reads as Ic llo'',vs Reasons for rcfusal to register to be recordcrl "vlr (1) Fi'cry Sub-Registrar refusing to register r Cocument, i: t it relates except on thc ground that the propertv tr> is not situated within his sub-district shr ll makc an order of refusal ald rccordcd his rcasons [r,r ';ttch order in his Book No.2, ald endorse the rvords rigistration refused" on the documcnt; and, on applicatrorr madc by any person executing or claiming Ltndcr tl 1' locument, shall, without payment and unnecessary rlc L rr , give him a copy of the reasons so recorded. (2) No registcring ofhcer shall accept for rt q slration a doctrment so endorsed unless artd unlil. rnder the provisions hcreinafter contarned, thc rl,rcument is directed to be registered.

5. In view of the above made submissions rr{)upled with the provision under Section 7 7 of the Act, 1908, tlris writ petition is disposed of directing the Registering Auttr rr ity to receive, register and release the subject document. subject to the petitioners complying with the provisions of t he Act, 1908 as 3 SK, J WP No.30024 of 2025 well as the Indian Stamp Acr, 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 petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petirioners to get the subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, il any, pending in this writ petition shall stand closed //TRUE COPYi/ SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR @ SECTION OFFICER To, 1 2 4 C The Principal Secretary Stamps and Registrations Department' Secretariat ? HlH 3,?# Hd"TS?':?'It":1? 3 fl r ol l?)i, on, "". District., Telangana State - gi.i,,, 9[,se _oXSl ;r],fJ;. ih;' 5;6 ir one cc to sRl. VOoSA Ri rwo ccs to GP FoR srAI\l'Fi'Xil;nlcistnnrtoN 'High at HYderabad [oUT] SLi" M a I ka is i ri D i st ri ct court for the iB?- co m p r e x' Ivr e d c h a r - M a r k a i s i ri g?S "

6. Two CD CoPies "fT;lr"Sana BM GJP HIGH COURT DATED:2610912025 ORDER WP.No.30024 of 2025 -1:-. j -'; ,... 1 j ltT 20?5 ( ,', DISPOSING OF THE WRIT PETITION WITHOUT COSTS B)pla,t'

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