Sri Pitta Harinath Reddy v. 1. The State of Telangana

Petition Under Article 226 of lhe Constrtution 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, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the Petitioner in respect of the Southern Part of Plot No. '1 0, admeasuring '141 .0 square or yards 1 1 7.89 square meters (Out of 264.0 square yards), in Survey No B7l1 , covered under Ward No.2. Block No 4, G.H.M.C., L.B Nagar Circle, Situated at Near Jaipuri Colony, Nagole, Uppal Mandal, [/ed cha l-[,4a lkajg iri District, as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act and 1908 and in violation of Article '14 of Constitution of lndia and consequently to -/ direct the 3rd respon,Jent to receive, register and release I re: sale deed presentei by the Petitioner in respect of above said property. l.A.NO:1 OF 2o2s Petition Under Section 151 CPC praying that in the r cumstances stated in the affidavit filed in support of the petition, the High Cc rrt may be pleased to direct the 3rd respondent to receive, register and release 1 ,: sa e deed presented by the Petrtioner rn respect of the Southern Part of Plo I'Jo. 10, admeasuring 141 .0 square or yards 1 17.89 square meters (Out of 2t . .0 square yards), in Survey No 87/1, covered under Ward No. 2. Block No 4 3.H.M.C., L.B Nagar Circle, Situated at Near Jaipuri Colony, Nagole, Up al N4andal, Medchal- I\,4alkajgiri District, during the pendency of the above writ pr. rion Counsel for the Petitioner : SRI METTU PRAVEEN KUMA(l Counsel for the Respondents : SMT S.SRAVANTHI, AGP I OR REVENUE The Court at the stage of admission made the following (l R DER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3OO98 of 2o25 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 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.3 herein in not receiving, registering and releasing the Sale Deed presented by the petitioner in respect of Southern Part of Plot No. 10, admeasuring Ac. 141.00 square yards or ll7.a9 square meters square meters (Out of 264.0 square yards), 1n Sy.No.87/1, covered under Ward No.2, Block No.4, GHMC, L.B. Nagar Circle, situated near Jaipuri Colony, Nagole, Uppal Mandal, Medchal-Malkajgiri District, the petitioner f,rled the present writ petition

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. 1i' the petitioner presents the same before the Registerin authority, the respondcnts rvill receive the same and follc ,, the procedure as contemplated under Section 71 of the krsistration Act, 19OB (for short, the Act, 1908J.

4. The Section 71 of the Act, i908, reads ,ts folkrws Reasorrs lor refusal to register to be recor ccl.- (1) Everv Sub-Registrar refusing to docLrmcnt, cxcept on the ground that the whic:h it rclates is not situated u.ithir district shall make an order of refusal. ar his rezrsons for such order in his Book endorse the words "registration refuse documr:nt; and, on application made by cxec u [i ng or claiming under the docun u'ilhour pavment and unnecessary dcla-v. cop,v of thc reasons so recorded. lljglster , -op(-'rty to 1-ris sub- .I rer:ordcd tio.2 , and L' on the r- \' person : nt, shal1, ., r,e l-rim a (2) No registcring officer shall accept for r'glistratron a dor:urncnt so endorsed unless and until. l_ t-rctcr Lhc provisions hereinafter contained, the dc LLrne,nt is directed to be regis[ered.

5. In view of the above made submissior _: coupled with the provision Lrnder Section 71 of the Act, 908, this writ petition is disposed of directing the Registeri r11 Authorit_v to -i 3 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, 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 the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition sha,ll stand closed ,TRUE COPY// A S SD/. C. DEEPIKA NT REGISTRAR CTION OFFICER To r \ s) Department, nd Stamps, Telanoana State at HYderabad. -cF

1. The Principal Secretary, Revenue (Registration and S Secretariat Building, State of Telangana at HYderabad 2. The Commissioner and lnspector General of Registration a 3 The S"ub-Reg istrar, U bpal, Medchal-Malkajgiri- District' +. r*" cb1 t" s oi "-cC 6. Two CD CoPies W i" s'Rl MTTTU PRAVEEN KUMAR, Advocate [oPUC] Hyderabad. [OUTI SA GJP ron'dEvENUE, High Coi.rrt for the State of Telangana at I 'l:.,. .! i;', i i,tr '' - , 1.1. - --. -..1 "' HIGH COURT DATED:0611012025 ORDER WP.No.30098 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \b