S Bhanupriya v. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus declare the action of the 3rd respondents in refusing to receive and process the Will presented by petitioners pertaining to the property admeasuring Land situated in Sy.no-205, in Gaddinnaram village. Saroor nagar, Rangareddy District. Hyderabad-500035, extent of 314.6 Sq.yards out of which 10 % is to be registered, Flat situated in Road no. 14, Manzil Castle Apartment, Nandi Nagar Banjara Hills, under flat no. 101,'102, House situated in Sy.no 312, with D.no.- 16-2-7 55, opp. Pragati Collage, Gaddannaram Village, Azampura, Hyderabad-500036, to extent of Ac. 1.00 cents out of Ac. 10.37 cents, as illegal, improper, unjust, irregular, irrational, violative of provisions of The Registration Act, 1908 and contrary to law, and consequently drrect the 3rd ----- respondents to receive and process the Will presented by the petitioner in respect of the above property by considering her claim in respect of the above land. lA NO: 1 OF 2024 Petition under Section 'l 5'1 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 respondents No 3 to receive and process the Will presented by petitioners pertaining to the property admeasuring Land situated in Sy.no- 205, in Gaddinnaram village, Saroor nagar, Rangareddy District, Hyderabad- 500035, extent of 314.6 Sq yards out of which 10% is to be registered, Flat situated in Road no. 14, Manztl Castle Apartment, Nandi Nagar Banjara Hills, under flat no. 101 ,102, House situated in Sy.no 312, with D.no.- 16-2-755, opp. Pragati Collage, Gaddannaram Village, Azampura, Hyderabad-500036, to extent of Ac. 1.00 cents out of Ac. 10.37 cents, pending disposal of the writ petition. Counsel for the Petitioner: SRI B.V.RAMA RAO Counsel for the Respondents: AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.31278 of 2024 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admissron.

2. Aggrieved by the action of the respondent'No.3. herein in refusing to receive and process the Will presented by the petitioner pertaining to the property in Sy.No.205, situated in Gaddinnaram Village, Saroor Nagar, Ranga Reddy District, to an extent of 314.6 Square yards out of which 10% is to be registered, Flat situated in Road No.14, Manzil Castle Apartment, Nandi Nagar, Banjara Hills, under Flat No.101, 102, house situated in Sy.No.312, with D.No. 16-2- 755, Opposite Pragati Collage, Gaddinnaram Village, Azampura, Hyderabad, to an extent of Ac. 1-00 cents out of Ac.lO-37 cents, the petitioner Iiled the present writ petition

3. The Assistant Government Pleader has stated that the respondents will lollow the procedure contemplated under ,l sr, J w.P.No.37278 of 2024 Section 71 of the Registration Act, 1908 (for short, .the Act, 1eo8).

4. The St:ction 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 grounci that the property 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 refused,, on the document; and, on application made by any 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 officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is dirqcted to be registered.

5. In vier,l, 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 Authority 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 sr, J W.P.No.s727a of 2024 to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in slrpport of such decision and communicate the said decision to the petitioner. It is mdde 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 ary, pending in this writ petition shal1 stand closed. SD/.P. PADMANABHA REDDY EPUTY REGISTRAR //TRUE COPY// To,

1. The Principal Secretary to Government' Stamps and. R Brtloing".' r s secretariat Khairabad' $;i;;i- Telangana. SECTION OFFICER eoistration DePartment, tTyderabad, State of \

2. The District Registrar, Hyderabad, Hyderabad District' 3. The Sub-Registrar, Azampura, Hyderabad District' 4. The Sub-Registrar, Hyderabad South' Hyderabad District 5. The Sub-Registrar, Saroor nagar, Rangareddy District' Hyderabad District 6. one cc-t6 sRl B.V.RAMA RAO, Advocate [oPUC] 7 Two CCs to GP FOR STAMPS AND--REGISTRATION' High Court for the ' siite oiieiangana at Hyderabad [oUT] B. Two CD CoPies BSR BS n w l HIGH COURI- DATED:0810412025 ORDER WP.No.3I278 ot 2024 sEH1 I4 k o o 1 ",,, * 1 I p A fl 2025 C) QsSt>ATC\1 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS Ou(t' g \4 1d