The High Court · 2025
Case Details
Smt. Thati Dhanalaxmi, Wo Sri Thati Chandrasekhar, Aged about 43 years, Occ- Housewife, R/o Plot No.201, Sri Padma Vamshi Towers, Sanadan Nagar, Ramgiri, Nalgonda. ...PETITIONER AND 1 2 3 The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad The Commissioner, and lnspector General of Registration and Stamps, Telangana State at Hyderabad. The Sub-Registrar, Uppal, Medchal-Malkajgiri District ...RESPONDENTS Petition under Article 226 of 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, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the Petitioner in respect of the Flat No.204, in Second Ftoor, bearing Municipal No.2-3-609 and 6101204, (PTl 1030210757) of "RAO'S MANSION", admeasuring 1105 Sft., of plinth area, including common areas and car parking area, together with undivided share of land admeasuring 30 Sq.Yds., or 25.08.Sq.Mtrs., Out of total admeasuring 600 Sq.Yds., constructed in premises.House Nos.2-3-609 and 2-3-610, on Plot Nos.23lPart and 24, Situated at Sal'lagar Colony, Nagole, under GHMC Hayathnagar Circle, Uppal Mandal, Medchal-Malkajgiri District, as illegal, arbitrary, unlaMul, without jurisdiction and contrary to the provisions of the Registration Act and 1908 and in violation of Article 14 of Constitution of lndia and consequentty to direct the respondent to receive,register and release the sale deed presented by the Petitioner in respect of above said property. lA NO: 1 OF 202s 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 3rd respondent to direct the 3rd respondent to receive, register and release the sale deed presented by the Petitioner in respect of the Flat No.204, in second Floor, bearing Municipat No.2-3-609 & 610t2o4, (prt 1o3o2107stl ot "RAo's MANSloN", admeasuring 110s sft., of plinth area, including common areas and car parking area, together with undivided share of land admeasuring 30 Sq.Yds., or 25.08 Sq.Mtrs., Out of total admeasuring 600 Sq.Yds., constructed in premises House Nos.2-3-609 & 2-3-610, on Plot Nos.23ipart & 24, Situated at Sainagar colony, Nagole, under GHMC Hayathnagar. circle, Uppal Mandal, Medchal-Malkajgiri District, during the pendency of the above writ petition. Counsel for the Petitioner: Ms. METTU VAISHNAVI counsel for the Respondents: SMT. S.SRAVANTH|, AGp FoR srAMps AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.33256 of 2o.25l ORDER: Heard learned Counsel for the petitioner 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.3 herein in not receiving, registering and releasing the Sale Deed presented by the petitioner in respect of the Flat No.2O4, in second floor, bearing Municipal No.2-3-609 and 6lO/2O4, (PTI 10302 LO757l of "Rao's Mansion", admeasuring 1 105 square feet of plinth area, including common areas and car parking area, together with undivided share of land admeasuring 3O square yards or 25.08 square meters, out of total admeasuring 600 square yards constructed in premises House Nos.2-3-609 and 2-3-6tO, on Plot Nos.23/Part and 24, situated at Sainagar Colony, Nagole, 2 SK, J W.P.No.;?3256 of 2025 t under GHMC Hayathnagar circle, uppal Mandal, Medchal- Malkajgiri District, the petitioner fited the present writ petition.
3. Learned Assistant Government Pleader for stamps and Registration submits that without prr:senting the document, the petitioner has approached this court seeking registration of the document. If the petitioner presents the sarne before the Registering arrthority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908').
4. The Section 71 of the Act, 1908, reads as lbllows: Reasons for refusal to register to be recorded.-- (1) Every Sub-Registrar refusing to register a document, except on the ground that the prolterty to which it relates is not situated within his sub- district shall make an order of refusal and rr:corded his reasons for such order in his Book No.2, and endorse the words "registration refused" rf n the document; and, on application made by any person executing or claiming under the document, shall, / / t 3 SIr, J W.P.No.33256 of 2025 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 directed to be registered. { I
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 d.ocument, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, l ggg.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 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. 4 sr, J W.P.No.33256 of 2025
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. Sd/.P.PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1 . The Principal Secretary, Revenue (Registration and Stamps) Department, 2. The Commissioner, and lnspector General of Regist/ation and Stamps, Secretariat Building, Hyderabad, State of Telangana. Telangana State at Hyderabad.
3. The Sub-Registrar, Uppal, Medchal-Malkajgiri District 4. One CC to Ms. METTU VAISHNAVI, Advocate [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION, tligh Court for the State of Telangana, at Hyderabad. IOUTI
6. Two CD Copies PSK. PMK HIGH COURT DATED:04/1112025 ORDER WP.No.33256 of 2025 r tt? | 1l € o ( ? L J3 1s trv 2g2E ((, ,, ( * Cr:, t t .- ,1[\) DISPOSING OF THE WRIT PETITION WITHOUT COSTS