✦ High Court of India · 31 Oct 2025

The High Court · 2025

Case Details High Court of India · 31 Oct 2025
Court
High Court of India
Decided
31 Oct 2025
Bench
Not available
Length
1,091 words

1. Mr. Mohammed Younus Khan, S/o. Mohammed Abdul Raheem Khan. aoed ?P?g 9,9 _ y"qrs,, occ.. Accounrant, nyo.H.rvo.+-r _i ieoiil riis'iiii "n"ld, ADros,- Fryderabad rep. by his DAGpA holder. M/s. Land Mark Delvelooers reo. oy rts M_a_naging Partner sri. yakkali Sai Santosh S/o.y. Koteswara Rbo. aoJJ about 29 .years, Occ.^B_usjness, R/o.K-402, k-Eib;i(,'-R;iri6d Gt';: Moosapet, Hyderabad-5000.1 B. '#ii,,!tl3,Iil13€1i131,"'i;6::,9}3"Ii"i3'J::{tff 402, K Block, Rainbow Vistas, Moolapet, Hyderabad_SOOOf A. ',?*,,:SI:fl }f,:r ENT,) .....PETITIONERS II Kegtstration Department, Secretariat, Hyderabad. 1 l!"_,!.!tg of Telangana, rep. by its principat Secretary, Stamps and 2. The District Collector, Ranga Reddy District. 3. The District Registrar, Ranga Reddy District. 4. The Joint Sub-Registrar - ll, RO (OB), District Register Office, Ranga Reddy District. .....RESPONDENTS 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings bearing Lr.No. E1l44g3t2024 dated 21.01 .2025 issued by the 2nd respondent in so far as including the lands in survey no. 4115 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District in the prohibited register as illegal, arbitrary and contrary to the provisions of the Registration Act, 1908 and consequently direct the 4th respondent to receive, register and release the sale deed presented by the petitioners in respect of semi finished flat no. 304, in third floor of Platinum Homes, with a built-up area of 125g sq. ft (including common areas and car parking) along with an undivided share of land admeasuring 51.7 sq. yards, out of the total land admeasuring gg4.7g7 sq. yards, (after road widening) in survey no. 41tSP, situated at Khanamet Viltage, Serilingampally Mandal, under GHMC, Ranga Reddy District without reference to the list furnished by respondent no. 2videlr. No. E1t4483t2024 dated 21.01.2025 and as directed in WP.No. 4log of 2025. |.A.NO:1 OF 2025 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 4th respondent to receive, register and release the sale deed presented by the petitioners in respect of semi finished flat no. 304, in third floor of ,,platinum Homes", with a built-up area of 1258 sq. ft (including common areas and car parking) along with an undivided share of land admeasuring 51.7 sq. yards, out of the total land admeasuring 984.787 sq. yards, (after road widening) in survey no. 4115P, situated at Khanamet viilage, serilingampally Mandal, under GHMC, Ranga Reddy District without reference to the list furnished by respondent no. 2 vide Lr.No. E11448312024 dated 21.01.2025 and as directed in Wp.No. 47Og of 2025 forthwith pending disposal of the above writ petition. Counsel for the Petitioners : SRI S.SRIDHAR Gounselfor the Respondents : sMT. S.SRAVANTH|, AGp FoR REVENUE The court at the stage of admission made the foltowing ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.33O31 of 2025 ORDER: Heard 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 herein in issuing proceedings bearing Lr.No.E L / 4483 /2024, dated

21.o1.2025 insofar as including the lands in sy.No.4r/5 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District in the prohibited register, the petitioners filed the present writ petition.

3. Learned Assistant Government Pleader for stamps and Registration submits that without presenting the document, the petitioners have approached this court seeking registration of the document. If the petitioners present the same before the Registering authority, the i I I' I i a, SIrr.f W.P.No.SOOSt of 2O2S respondents will receive the same and foilow the procedure as contemprated under section 71 0f the Registration Act, 1908 (for short, ,the Act, 19OBJ.

4. The Section 7l of the Act, 190g, reads as follows: Reasons for refusal to register to be recorded._ (1) Every Sub_Regisrrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub_ district sha, make an order of refusar 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 sha, accept for registration a document so endorsed unless and untii, under the provisions hereinafter contained, the document is directed to be registered. 5' In view of the above made submissions coupred with the provision under section 71 0f the Act, 1g0g, this writ petition is disposed of directing the Registering Authority to receive, register and rerease the subject document, subject to the petitioners comprying with the provisions of the Act, 3 Sr, U W.P.No.S3O3L of 2O2S 1908 as well as the Indian stamp Act, 1g99. It wil 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 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 shatl stand closed. //TRUE COPY// NIVASA REDDY REG OFFICER Secretariat, To

1. The Principal Secretary, Stamps and Registration State of Telangana at HYderabad.

2. The District Collector, Ranga Reddy District. 3. The District Registrar, Ranga Reddy District. 4. The Joint Sub-Registrar - ll, RO (OB), District Register Office, Ranga Reddy District.

5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad.[OUT]

6. One CC to SRI S.SRIDHAR, Advocate [OPUC] 7. Two CD Copies SA PMK ----:-I . -,.,/ lrIE S )4 .S' lE lloll m '" ':='!.i7 at,, l,n HIGH COURT DATED i3111012025 .) iL) ( * R WP.No.33031 of Z02S DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. rF I -l LI >{

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