The High Court · 2025
Case Details
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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No. 3 in refusing to register the Sale Deed vide Slot Booking No.2500723500, Dt.15.10.2025 without issuing any grounds for refusal of the same as illegal, arbitrary against the Section 71 of Registration Act and provisions of Stamp Act and unconstitutional, being in violation of Articles 14,21 and 300 of the Constitution of lndia and consequently direct the 3rd Respondent to receive, register and release the Sale Deed Document Dl. 15.1O.2025 sought to be presented by the Petitioners in favour of Petitioner No.2 in respect Agricuttural Land admeasuring Ac. 0.20 Gts, in Sy. No.507/7/1, all situated at Yedapaily Mandal, Nizambad District lA NO: 1 OF 208 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 grant.interim order directing the 3rd Respondent to receive, register and release the Sale Deeds vide Slot Booking No. 2500723500, Dt.1S. 10.2O2S pertaining to Agricultural Land admeasuring Ac. o.2o Gts, in sy. No.so7t7l1, situated at Ambam Village, Yedapally Mandal, Nizambad District pending disposal of the above writ petition counsel for the Petitioners : sRl ALr FARAZ FARooeul counsel for the Respondents: sMT. s. SRAVANTHI, AGp FoR srAMps & REGISTRATION The Court made the foltowing: ORDER : THE HONOURABLE SRI JUSTICE K.SARATH UTRIT PEIITION N0-33406 of 2o25 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.3 in refusing to register the Sale Deed vide Slot Booking No.25007235OO, dated 15.1O.2O25 without issuing any ground for refusal of the s€une, the petitioners liled the present writ petition and requested to direct the respondent No.3 to receive, register and release the Sale Deed document dated 15.1O.2O25 sought to be presented by the petitioners in favour of the petitioner No.2 in respect of agricultural land admeasuring Ac.O.20 guntas, in Sy.No.SO7 /7 /1, situated at Yedapally Mandal, Nizambad District. -- t 'l 2 S.Ir, J W.P.No.334O6 of 2O2S g. Learned Assistant Government pleader for Stamps and Registration submits that the respondents will receive the docurment presented by the petitioners vide slot Booking No.25oo7235oo, dated 1s.10.2025 and process the same or follow the procedure as contemplated under Section 71,, of the Registration Act, 1908 (for short, the Act, 1908) for rejecting the same.
4. The sectionT l of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded._ (l) Every Sub-Registrar refusing to register a document, 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 endorse the words "registration refused,, on the document; and, on application'made by any person exe:cuting 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 dirr:cted to be registered. \ \
5. In view of the above mad.e submissions coupled with the provisi.n under section 71 of the Act, 19og, this writ 3 s& .r W.P.No.334O6 of 2O25 petition is disposed of directing the Registering Authority to receive, register and release the subject document presented by the petitioners vide Slot Booking No.25007235oo, dated 15.10.2025 rn respect of the subiect property, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act,
1899. 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 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 shatl be no order as to costs.
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/. A.H.S. GOWRI SHANKAR ASSISTANT //TRUE COPY// SECTION OFFICER To,
1. The principal Secretary, Revenue Department, Secretariat Buildings, The State of Telangana, HYderabad.
2. The District Collector, District Collectorate Nizamabad' Nizamabad' 3. The Tahsildar-cum-Joint Sub Registrar, Mandal Revenue Office-Yedapally Yedapally Mandal, Nizamabad District. t,, 9' ,/ I 4- one cc to sRr. ALr FARAZ FARooeurAdvocate topucl 5' Two CCs to GP FoR STAMPS & REGOSTRATION, High Court for the State of 6. Two CD Copies Telangana. [OUf] PVL GJP F I / HIGH COURT DATED i0411112025 \ \ , I t I .i6.r.arfi--- ORDER WP.No.33406 of 2025 HE St'4 1 I4- d lsrruuM -0' a -t n . ..:
4. DISPOSING OF THE WRIT PETITION WITHOUT COSTS . t .f L: *,,.*.,5.;*.,r...- \\ 18