✦ High Court of India · 08 Oct 2025

The High Court · 2025

Case Details High Court of India · 08 Oct 2025
Court
High Court of India
Decided
08 Oct 2025
Bench
Not available
Length
1,004 words

Petition under Article 226 ot the 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 by declaring the action of the 3rd Respondent in not completing registration process regarding agriculture land extent of Ac. 1.00 guntas situated in Sy.No. 64512, Yed,aqlte (V), Yedapalle (M), Nizamabad District, Telangana State, which is be{onging to the petitioner, is ilbgal, arbitrary and contrary to the rules of the Registration Act and consequently to direct the 3rd respondent to register and release sale deed prese{lted by the petitioner in respect of agriculture land extent of Ac. 1.0O guntas situated in Sy.No. 645/2, Yedapalle (V), Yedapalle (M), Nizamabad District, Telangana State, which is belonging to the petitioner IA NO 1oF 2025 Petition under Section 151 CPC praying that in the c r ;umstances stated in the affidavit filed in support of the petition, the High Court m;l ' be pleased to direct the 3rd respondent to register and release sale deed presentu d by the Petitioner in respect of agriculture land extent of Ac Ac. 1.OO guntas sitrr rted in Sy.No. 645/2' Yedapalle (V), Yedapalle (M), Nizamabad District, Telang ana State, which is belonging to the petitioner, forthwith pending disposal of the r rain writ petition Counsel for the Petitioner: SRI Dr CHALLA SRINIVASA Rtl )DY Gounsel for the Respondents: SMT. S. SRAVANTHI, AGP FOR STAMPS AND R: SISTRATION The Court made the following: ORDER 2 sx, J W.P.IiIo.3o542 ol2O25 the Registration Act, 1908 (for short' 'the Act' 19O8') for rejecting the same. 4 The Section 71 of the Act, 19O8, reads as follows: Reasons for refusal to register to be recorded'- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub- district shall make an order of refusal hnd recorded his reasons for such order in his Book No'2; and endorse the words "registration refused' on the document; and, on application made by arry 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 o{Iicer shall accept for registration a document so endorsed unless and until' under the provisions hereinafter contained' the document is directed to be registered'

5. In view of the above made submissions coupled with the provision under Section 71 of tle Act' 1908' this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document presented by the petitioner uide Slot Booking \ \ I 2 sr, J W..P No.3O542 ol 2025 the Registration Act, 19O8 (for short, 'the Act, 1908J for rejecting the same.

4. The Section 71 of the Act, 19O8, readr; as follows: Reasons for refusal to register to be recor [ed.- (1) Every Sub-Registrar refusing to document, except on the ground that th: which it relates is not situated withi district shall make an order of refusal zLr his reasons for such order in his Bool endorse the words 'registration refur;r docurnent; and, on application made b1' executing or claiming under the docur without payrnent and unnecessary dela., register a property to r his sub- Ld recorded No.2, and d" on the any person rent, sha1l, give him a copy of the reasons so recorded. (2) No registering officer shall accept foregistration a document so endorsed unless and unti , under the provisions hereinafter contained, the rl rcument is directed to be registered.

5. In view of the above made submissio rs coupled with the provision under Section 71 of the Act, 19O8, this writ petition is disposed of directing the Registe r ing Authorit5r to receive, register and release the sut iect document presented by the petitioner uide Slot Booking I \ \ 3 sK, +, W,P.IIo.3O542 ol 2025 No.250O54747E dated 04.OE.2O2S in respect of tJle subject propergr, 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 ttris Court has not expressed any opinion on merits of the case as to the entitlement of tle 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 shall stand closed SD/- A. SREENIVASA REDDY ASS]STANT REGISTRAR //TRUE COPY// SECTION OFFICER To, TJ

1. The Principal Secretary, The State of Telangana,.State' Stamps and Registratidn (Revenue) Department, Oio. Secretariate, Hyderabad. 2. The District Registrar, Stamps and Registration Nizamabad Elistricl' 0/o. Nizamabad, Nizamabad District, T.S

3. The Tahsildar cum Jt Sub-Registrar, Yadapafli, YadapaHi Mandal, Nizamabad Dstrict, Telangana State..

4. One CC to Sri Dr Challa Srinivasa Reddy, Advocate IOPUC] 5. Two CCs to GP for Stamps And Registration, High Court for the State of 6. Two CD Copies Jp4. Telangana, at Hyderabad [OUT] -: ---'*=.-=,.*a'-"--ae_ \ I HIGH COURT DATED:08l,1012025 ORDER WP.No.30542 ot 2025 . t'- I; JAl\l 2{[5 z * * l,nrr:' DISPOSING OF THE WRIT PETITION WITHOUT COSTS K9 l= /,/>-e

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