✦ High Court of India · 16 Oct 2025

The High Court · 2025

Case Details High Court of India · 16 Oct 2025
Court
High Court of India
Decided
16 Oct 2025
Bench
Not available
Length
1,193 words

Petition under Adicle 226 of the Constitution of lndia praying that in the circ!mstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of 2nd Respondent Sub-Registrar (Gandipet) in refusing to receive and register the sale deed presented by the petitioners on 31- 07 -2025 despite slot booking vide transaction No. 2MS225597486, along with the application and other required documents with necessary registration fee and stamp duty as per the provisjons of lndian Stamp Act, 1899 which was paid by challan No. 535WL1290725 dated 29-07-2025 with regard to residential Flat No. 4808 in Ananda The Drizzle Apartment, admeasuring an extent of 1890 Square Feet, constructed in Survey No. 325/AA'/3, 3271N2, 3271AN2, 3281A' 328lAA' 3281E of Narsingi Village, and Survey No. 91/A, 91/AA, 93lAA, 93lN1l2 of Neknampur Village, both villages are in Gandipet Mandal, under Narsingi Municipality, Ranga Reddy District, Telangana State, as arbitrary' illegal and J violative of Articles 14 and 3004 of the Constitution of lndiir of Registration Act, 1908 and consequently direct the 2nd I register and release the sale deed presented by the pel residential Flat No. 4808 in Ananda The Drizzle Apart^ extent of '1890 Square Feet, constructed in Survey lr r 3271AN2, 3281A, 328lAA, 3281E of Narsingi Vi age, and SL 93lAA, 93lN112 of Neknampur Vitlage, both villages ar: under Narsingi Municipality, Ranga Reddy District, Telanga- so also the provisions .espondent lo receive, ioners with regard to ent, admeasuring an 325t4N3, 327tN2, 'vey No. 91/A, 91 /AA, in Gandipet Mandal, r State. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the (;i cumstances stated in the affidavit filed in support of the petition, the High Court rr: y be pteased to direct Respondent No 2 to receive, register and release the sale ( eed presented by the petitioners with regard to regard to residentiat Flat No. l B0g in ,'Ananda The Drizzle" Apa(ment, situated at admeasuring an extent I 1g90 Square Feet, constructed in Survey No. 325/AAJ3, 3271N2, 32ilAN2, 3:a lA,32B1AA.3ZB|E of Narsingi Village, and Survey No. 91/A, 91/AA, 93/AA, E:tNjt2 of Neknampur Village, both villages are in Gandipet Mandal, under Narsir r i Municipality, Ranga Reddy District, Telangana State. Counsel for the Petitioners: SRI ANAND KUMAR KAPOOR Couhsel for the Respondents: SMT. S.SRAVANTHI, AGp t:, )R STAMpS AND REGISTRATION The Court made the following: ORDER .'\) THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.31461 of 2025 ORDER: Hcard learned Counsel for the petitioners 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.2 / Sub-Registrar (Gandipet) in refusing to receive and register the Sale Deed presented by the petitioners on 31.07.2025 despite slot booking vide Transaction No.2M5225597486, along with the application and other required documents by rcceiving thc necessary registration fee and starnp duty as per the provisions of Indian Stamp Act, 1899 which was paid by Challan No.535WL129O725 dated 29.07.2025 with regard to residential lrlat No.ASOS in "Ananda The Drizzle" Apartment, admeasuring 1890 Square Feet, constructed in Survey No.325lAA/3, 327 lA/2, 327 IAA/2, 3281A, I I a 2 sr(, J W.).No.3i461 of 2O2S 328/AA, 328/t of Narsingi Village and iurvcy No.91/A. 9I/AA, 93/AA, 93/AlIl2 of Neknarnpr r Village, both villages arc in Gandipet N{andal, rnder Narsingi Municipality, Rar-rga Reddy District, the pct tioners hled the present writ petition.

3. Learned Assistalt Government Plc.iL and Registration subrnits that withoul document, the pctitioners have approa( seeking registration of the document. I- present the same before the Registerin;i ler lor Stamps prese nting the rccl this Court the petitioners authoritv, the respondents will receive the same and follOr . the procedrrre aS contemplated uncler Section 71 of thc li :gistration Act, 1908 (for short, 'the Acr. 1909).

4. The Section 71 of the Act, 190g, reads i s lcrllows Reasons for rcfusal to register to be reco;rl cl. (1) Every Sub-Registrar refusing to ;egister a document, except on the ground that thr: I roporty to which it relates is not situated withir his sub- district shall make an order of refusal anc recordecl his reasons for such orcler in his Book Jo.2, ancl \ sI(, J W.P.No.37461 of 2025 endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, r,r,ithout paymenl and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officcr shall accept for registratLon a document so endorsed unless and until, under the provisions hereinafter contained, the document is directcd to be registered f I In view of the above made submissions coupled with 5. 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 petitioners complying with the provisions of the Act, 1908 as weli as the Indian Stamp Act, 1899' It will be open to the Registering Authority to refuse the document presented before him, if he has arry 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 4 j._ i SI(, J W..'.No.37467 ol 2O2S get the subject document registered. Tr ere shalr be no order as to costs. 6, Miscelianeous petitions, if emy, pr__nc ing in this ua-il petition shall stand closed \ //TRUE COPY// K.BHAVANI SWAMY S A ) ;l Kl*_',:="1"** \-c-,o* oFFrcER To 1 2 3 4 5 PSK, PMK The Principal Secretary, State of Telangana, Departm: Registration, Secretariat, Hyderabad. Sub Registrar. Gandipet, Ranqa Reddy West, Ranqa i One CC to SRI ANAND KUMAR KAPOoR, Advocdte I Two CCs to GP FOR STAMPS AND REGTSTRATTON State of Telangana, at Hyderabad. IOUTI Two CD Copies I of Stamp and :ddy District. )PUC] Jigh Court for the J4" HIGH COURT DATED:1611012025 ORDER WP.No.31461 of 2025 ,J o ( * lHE S l] t !:t8 20fi z * PAT DISPOSING OF THE WRIT PETITION WITHOUT COSTS TKS )-t l,l 2(.l

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