High Court · 2025
Case Details
M/s A R lnfra and Developers, a Partnership Firm, represenled by its Managing Partner, A. Anil Kumar Reddy S/o A. Jayalaxmi Reddy Aged about 40 years, Occ. Business, Rt/o Flat No.B-1402, Fortune Towers, Madhapur, Hyderabad, Telangana State. .....PET|TrONER AND
1. The State of Telangana, Rep by its Principal Secretary Stamps and Regiskation Department Secretariat, Hyderabad.
2. lnspector General Stamps and Registrations Telangana, Registration Bhavan 4th and Sth Floor, Nizamshahi Road, Osmangunj, M.J. tr/arket, Hyderabad 50000'1.
3. District Registrar (Stamps and Registrations), Ranga Reddy District. 4. The Sub Registrar, Serlingampally Mandal, Ranga Reddy District. 5. Telangana State Waqf Board, Rep by its Chief Executive Officer, Haj House, Razzak Manzil, Nampally, Hyderabad. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction, or any other appropriate Order one in the nature of a WRIT OF MANDAMUS, declaring the action of the Respondent No.4 not receiving, registering and releasing the Sale Deed in favour of the prospective purchasers placed by the Petitioner for Flat No.101, 102, 103 over '1't Floor, Flat No.201 , 202, 2O3 over 2nd Floor, Flat No.30i , 302, 303 over 3rd Floor, Flat No.401, 4O2, 4O3 over 4th Floor, Flat No.501, 502, 503 over 5th Floor, altogether admeasuring 432 Sq. yards equivalent to 361.15 Sq. meters, Sy.No.198/3, situated at lvlanikonda Jagir Viltage, Gandipet Mandal, (formerly Rajendra Nagar lrrlandal), Ranga Reddy District, as illegal, arbitrary in violation of principles of natural iustice and in violation of Articles 14 and 21 of lhe Constitution of lndia and also against the equity and consequently direct the Respondent No.4 to receive, register and release the Sale Deed placed by the Petitioner herein for Flat No.101, 1O2, 103 over 1st Floor, Flat No 201 ' 2O2' 2O3 over 2nd Floor, Flat No.301, 302, 303 over 3rd Floor, Flat No.401 , 402, 4O3 over 41 51 Floor, Flat No.501 , 502, 503 over 5th Floor, altogether ad measuring 432 Sq. yards equivalent to 361 .'15 Sq. meters, Sy.No.198/3, situated at Manikonda Jagir Village, Gandipet Mandal, (formerly Rajendra Nagar tvlandal), Ranga Reddy District. l.A.NO:1 OF 2024 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.4 to receive, register and release the Sale Deed in favour of the prospective purchaser placed by the Petitioner for Flat No.101, 102, 103 over 1"1 Floor, Flat No.201, 2O2,203 over 2nd Floor, Flat No.301,302, 303 over 3'd Floor, Flat No.401, 4O2, 4O3 over 4th Floor, Flat No.501, 502, 503 over sth Floor, altogether admeasuring 432 Sq. yards equivalent to 361 .15 Sq. meters, Sy.No.198/3, situated at Manikonda Jagir Village, Gandipet lvlandal, (formerly Rajendra Nagar Mandal), Ranga Reddy District, pending disposal of the writ petition. Counsel for the Petitioner : SRI M.A.H.AMZAD Counsel for the Respondent Nos.1 to 4 : AGP FOR REVENUE Counsel for the Respondent No.s : SRI FARHAN AZAM KHAN The Court made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3O946 of 2024 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration and learned Standing Counsel for the Telangana State Wakf Board appearing for the respondents.
2. Aggrieved by the action of the Respondent No..4 not receiving, registering and releasing the Sa-le Deed in favour of the prospective purchasers placed by the Petitioner for Flat No.lol, lO2, 103 over 1"t Floor, Flat No.201,2O2, 2O3 over 2"d Floor, Flat No.30 1,302,303 over 3'd Floor, Flat No.401, 4O2,4O3 over 4th Floor, Flat No.50 1, 5O2, 503 over 5tn Floor, altogether admeasuring to an extent of 432 Sq. Yards equivalent to 36 1. 15 Sq. Meters, Sy.No.198/3, situated at Manikonda Jagir Village, Galdipet Mandal, (formerly Rajendra Nagar Mandal), Ranga Reddy District, the petitioner filed the present writ petition.
3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated ., SK, J wP 30946 2024 under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908).
4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be rccorded.- (1) Every Sub-Registrar refusing ro register a document, except on the ground that the propcrty to which it relates is not situated within his sub- district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration re[used" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary dclay, give him a copy of the reasons so recorded. (2) No registering officer shall acccpt for registration a document so endorscd unless and until, under the provisions hereinafter contained, the documenl is directed to be registcrcd.
5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authorit_v to 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 3 SK, J wP 30946 2024 to the Registering Authority to refuse the document if he has anY objection, bY dulY presented before him, assigning reasons ln 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
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs' //TRUE COPY// SD/. K. SR EERAMA MURTHY PUTY REGISTRAR ECTION OFFICER To 1 . The Principal Secretary' Stamps and Registration Department Secretariat' ' State of Telangana at HYderabad' 2. The lnspector. C"n"'ur' di'i'"p"s1-nO negistrarions Telangana' Registration Bhavan 4th ana stn rrolil Nl-utsn'ni"no"o' Osmangunj' M'J Market' HYderabad 500001 ' 3. The District Regiskar (Stamps and Registratrons)' Ranga Reddy District' 4. The Sub Registrar, Stjr.fi"g"lp'ffy Mandal' Ran,ga Reddy District' otti"Z'' i"ransana State waqf Board' Hai House' ;. il;iliH.;'ii"t - 6. Two CCs to GP FoR ndvlrililHign Court for the State of Telangana at ? lil,: rc;dnr r"r'n'n enaznD' Advocate [oPUc] . ;. il; aa io Snr rnnunr'r nznt'a XHnN' Advocate (oPUC) 9. Two CD CoPies A^i"* Manzil, Nampally' Hyderabad' Hvderabad. [OUT] SA BM \Y i t o o G 1 He s.Y4 i c ( o 7 26 JUil il6 t o6sr ,AT C uEt) * ( I i HlGH COURT DATED:2010312025 ORDER WP.No.30946 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. cef(aN V k',