✦ 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
1,056 words

1. Mr. Mohammed Younus Khan' S/o. Mohammed Abdul Rahe-em (fta.n'-ageg ' ,6ort-Oo veirs. Occ. Accouhtant, Rl/o.H.No.4-'t-123613' K!!S Koti Road' Aoiod, Hvo6iaoab rep. by his DAGpA hotder. M/s. Land Mark Developers rep. uv liJ ffaa',raging eafther'Sri. Yakkali Sai Santosh S/o Y Koteswara Rao,.aged Occ. Business, Rl/o.K-402, K Block, Rainbow Vistas' "6oirt'zs-ieaL,' Moosapet, Hyderabad-SO001 8.

2.M/s.LandMarkDevelopers,rep.byitsManagingPartner-Sri'YakkaliSai SantoshS/o.Y.KoteswaraRao,agedabout29years'occ.tsuslness'K/o.^. +OZ, f gtock, Rainbow Vistas, Moosapet, Hyderabad-500018' ....,PETITIONERS D 1 . The State of Telangana, rep' by its Principal Secretary, Stamps and Registration Depailment, Secretariat, Hyderabad'

2. The District Collector, Ranga Reddy District' 3. The District Registrar, Ranga Reddy District' 4. The Joint SublRegistrar - ll, RO (OB), District Register Office, Ranga Reddy District. .....RESPONDENTS Petition Under Article 226 ot 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, order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings bearing Lr.No. E11448312024 daled 21 .O1 .2025 issued by the 2nd respondent in so far as including the lands in survey no,4ll'ofKhanametVillage,serilingampallyMandal,RangaReddyDistrictinthe prohibitedregisterasillegal,arbitraryandcontrarytotheprovisionsofthe l 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. 303, 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 Village, Serilingampally lVandal, under GH[I/C, 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. 4709 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. 303, 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, (after road widening) in survey no. 41l5P, situated at Khanamet Village, Serilingampally Mandal, under GHMC, Ranga Reddy District without reference to the list furnished by respondent no.2 vide Lr.No. E1l44B3l2O24 dated 21.01.2025 and as directed in WP.No. 4709 of 2O25 forthwith pending disposal of the above writ petition. Gounsel for the Petitioners : SRI S.SRIDHAR Gounsel for the Respondents : SMT S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the following ORDER ) THE HONOURABLE SRI JUSTICE K.SARATH ORDER: 18 of Heard learned counser for the petitioners and smt' s'sravanthi, rearned Assistant Government preader for stamps and Registration appearing for the respondents and perused the materiar on record. with their consent, this writ petition is disposed of at the stage of admission itserf. 2' Aggrieved by the action of the respondent No.2 herein in issuing proceedings bearing Lr.No.E 1 / 44g3 / 2024,dated 2l'ol'2o2s insofar as incruding the lands in Sy.No.4r/5 of Khanamet v,rage, ser,ingampally Mandal, Ranga Reddy District in the prohibited register, the petitioners fired 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 sarne before the Registering authority, the . i i I I .l 2 Sr, J W.P.No.3BO1a of 2O2S respondents will receive the sarne and follow the proced.ure as contemplated under section 71 of the Registration Act, 1908 (for short, the Act, 190g). 4 The Section 7r of the Act, 190g, reads as foflows: Reasons for refusal to register to be recorded._ (1) Every Sub-Registrar refusing to register a do<;ument, except on the ground 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 en<lorse 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 shal 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 the Act, 190g, 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, r- ^ 3 SK, J W.P.No.S3Ola of 2025 1908 as well as the Indian Stamp Act, 1g9g.It will be open to the Registering Authority to refuse the d.ocument 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 shall stand closed. //TRUE COPY//

1. The Principalsecretary, 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 Reg NIVASA REDDY REG OFFICER Secretariat, ister Office. Ranga ReddY District.

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

6. Ohe CC to SRI S.SRIDHAR, Advocate [OPUC] 7. Two CD Copies To SA PMK (r HIGH COURT DATED:31 11012025 E .No.3301 ot 2025 l rlE s l"A 15 llflil xfi I a J a .L -_-i.Z / DISPOSING OF THE W AT THE STAGE OF ADMISSION THOUT COSTS. Y Io (,l Li

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