The High Court · 2025
Case Details
Acts & Sections
1. D. Srinivasa Chary, S/o. D. Gopala Chary. aged about 65 years, Occ. Agriculture, R/o. H. No. 12-77, Duppalla village, lVladanapuram Mandal, Wanaparthy District.
2. D. Raghavendra Chary, S/o. D. Gopala Chary. aged about 67 years, Occ. Agriculture, Rl/o. H. No. 2-4-4Bl1Bl1 , Rajendranagar, Upparpalli, Ranga Reddy District ...PETTTTONER(S) AND
1. The State of Telangana, Rep. by its Principal Secretdry, Revenue (Stamps And Registration) Department, Secretariat, Hyderabad.
2. The Tahsildar cum Joint Sub Registrar, lvladanapuram Mandal, Wanaparthy District. ...RESPONDENTS Petition 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 order or direction more pa(icularly one in the nature of Writ of It4andamus declaring the action of the 2nd respondent in withholding the registration of the sale deeds based on slot booking and advisory application No. 2500137597 and 2500137298 of the petitioners as presented by them in respect of the agriculture land admeasuring 2.06 guntas and 2.05 guntas in Sy. No. 29712, 29312, 25212, 29112 at Duppalla village, fi/adanapuram [\4andal, Wanaparthy District based upon their Dharani passbook No. T04070010588 and T04070010109 vide their respective Khata Nos. 1099 and '185 respectively, as illegal, unlawful, contrary to law and consequently direct the 2nd respondent to registrar and release the sale deeds of the above slot booking and advisory of the above agriculture land with immediate effect, as the petitioners have already complied with all the formalities for the purpose of registration and release the documents lA NO: 1 OF 2025 Petition under Section '1 51 cpc praying that in the cir:,r mstances stated in the affidavit filed in support o-f the petition, the Higrr court ma1, l,e pleased to issue interim order directing the 2nd respondent to registrar and nj e;rse the sale deeds as presented by the petitioners vide slot booking application 'J r. 2500.1 37597 and 25001372s8, dated '1 1.03.202s in respect of the agriculturrr lirnd to an extent of of the 'r't petitioner and 2.05 gluntas oi the 2", c,:tition",. in-sr ruo !.-0_6 -ountas 29712' 29312, 29212, 29112 at Duppaila vi[age, Madanapurar Iv andar, wanaparthy District, pending disposal of main Writ petitkrn. Counsel for the Petitioner(s):SRt. M DAMODAR REDDy !9u1se! for the Respondent,s No's 1 & 2: SMT S. SRAVAN].FI, AGp, Gp FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3O294 of 2025 ORDER: Flcard Sri M.Damodar Reddy, learned counsel for the petitioners and Smt S. Sravanthi, learned Assistant Government Plcader for Stamps and Registration appearing lor the respondents. With their consent, this writ petition is disposed of at the stage of admission.
2. Aggrieved by the action of respondent No.2 in withholding the registration of the sale deeds based on slot booking and advisory Application No.250O137597 and 2500137298 dated 11.03.2025 of the petitioners in respect of the agricultural land admeasuring Ac.2-06 guntas and Ac.2-05 guntas ln Sy.Nos.297/2, 293f 2, 29212, 29112 situated at Duppalla village, Madanapuram Mandal, Wanaparthy District, based upon the Dharani passbook Nos.'104070010588 and TO4070010109 uide Khata Nos.1099 and 185 respectively, the petitioners filed the present u,rit petition. .! 2
3. Learned Assistant Government p r:z der for Stamps and Registration has stated that the resF,_,ticlents r,vill follow the proce<Iure and reiease the document rr they will pass orders as per Section 71 of the Registratic,n Act, 190g (for short, 'the Act, 1908).
4. Section 71 of tl-re Act, 190g, reads asr lrllows Reasons for refusal to re:gister to be rect, .c ed._ ( 1) Euery Sub Reqistrar re.fusirtg tc ,.egister a document, except ot1 tha, qrou ncl that thr 1)ropefia to uthich. it relates is not sitrtatecL Luithin hi: sub_d-istrict sholl make an ord_e_r of reJusal ancl .:,< orded hts reasons for sucLL ordcr irt his Bool, tlo.2, and- enclorse the uorcls "rcrlislraliort refut:;.,t1.' on the doc:untent; and, on upStlicatiort made by 11A person executing or claim ing untjer tlte clocur.tltt, shaLl, utithout payment and ututecessary delail .1iue him a copy of the reasons so recorded_. (2) .No registeing officer shaLl accept for rt gistration a document so endorsed unless and. unti.. tnder the prouisions hereinafter contained_, the d :,< ument is directed to be registered. 5 In view of the aforeserid submissions r r upled with the provlslon Lrnder Section 7 I of the Act . 19OB and on perusing the entire material on record, th r: wrrt petition iS 3 disposed of directing the Registering Authority to consider the Application No.250O137597 and 2500137298 dated 1I.O3.2025 and register the subject document presented by the petitioners within four (04) weeks from the date of receipt of copy of this order, subject to the petitioners comptying 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, il 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 petitioners to get the subject document registered. There shall be no order as to costs.
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/.C.DEEPIKA S ISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To, '1 . The Principal Secretary, Revenue (Stamps And Registration) Department, Secretariat, State of Telangana, Hyderabad.
2. The Tahsildar cum Joint Sub Registrar, lt/adanapuram Mandal, Wanaparthy District.
3. One CC to SRI. tV DAMODAR REDDY Advocate [OPUO] 4. Two CCs to Gp FOR STAMPS AND FIEG|SiRAT|ON ,t1i, yh Court for the State of Telangana. [OUT]
5. Two CD Copies \ HIGH COURT { I I DATED:07/10/2025 I I o ,::. 10 0[I , 2r ORDER WP.No.30294 of 2025 WRIT PETITION IS DISPOSED OF WITH OUT COST q