✦ High Court of India · 11 Dec 2025

The High Court · 2025

Case Details High Court of India · 11 Dec 2025
Court
High Court of India
Decided
11 Dec 2025
Bench
Not available
Length
1,401 words

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 or order or direction, more particularly one in nature of Writ of Mandamus to declare the inaction of the Respondents 3 and 4 in receiving, registering and releasing the Sale Deed, dt.24.10.2014 which was kept pending as Doc. No.24612O14 and later returned to the Petitioners vide Lr' No.67/2020, dt.04.09.2020, on the ground of injunction Hon'ble High Court of Madras in OSA No.69/1999, dt.25.0 7 )rder passed by the 2000 despite the said order coming to an end by way of disposal of CS No.12411 t94 on 19.12.2024 by the Hon'ble High Court of Madras as arbitrary, illegal and to ssue a consequential direction to the 4th Respondent to receive, register and r€ ease the Sale Deed, dt.24.10.2O14 which was kept pending as Doc. No.246120' , the Petitioners vide Lr. No.67/2020, dt.04.09.2020, on be Petitioners without reference to the objection raised ' injunction order passed by the Hon'ble High Court of Madra and later returned to ng presented by the arlier regarding the , in OSA No.69/1999, dt.25.07.2000. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the cri the affidavit filed in support of the petition, the High Cou direct the 4th Respondent to receive, register and rele d1.24.1O.2014 which was kept pending as Doc. No.2461201r the Petitioners vide Lr. No.67/2020, dt.04.09.2020, on b -. Petitioners without reference to the objection raised r injunction order passed by the Hon'ble High Court of Madrir cumstances stated in : may be pleased to rse the Sale Deed, and later returned 1o 19 presented by the arlier regarding the in OSA No.69/1999. d1.25.O7.2OO0, pending disposal of the main writ petition. Counsel for the Petitioners : SRI VEDULA SRINIVAS, SEN I )R COUNSEL REPRESENITNG SRI VEDULA CHITRALEKHA Counsel for the Respondents : SMT S.SRAVANTHI, AGP l: )R STAMPS REGISTRATION. The Court at the stage of admission made the following Cl DER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.33832 of 2o25 Date:, LL.L2.2O25 Between: The Property Association of Baptist Churches P. Ltd and Another ...Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Hyderabad and Four others. ...Respondents ORDER: Heard Sri Vedula Srinivas, learned Senior Counsel representing Ms. Vedula Chitralekha, learned counsel for the petitioners and Smt. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, the Writ Petition is disposed of at the stage of admission itself.

2. Learned Senior Counsel appearing for the petitioners submits that the petitioners filed the present Writ Petition seeking to declare the action of respondent Nos.3 and 4 in refusing to 2 receive, register arrd release the sale deed ,j ll:ed, 24.10.2014, which was kept pending uide Document No.2,l l2Ol4 and later returned to the petitioners uide Lr.No.6Z l2O2O r ated 04.Og.2O2O, on the ground of an injunction order dated 25.() ,.2OOO passed by the High Court of Madras in O.S.A.No.69/1ggl, despite the said order having come to an end on disposal of C.S No. 124/1994 by the High Court of Madras on 19.I2.2O24, as ille11..l and arbitrary.

3. Learned Senior Counsel appearing for the J etitioners further submits that the petitioners made a repl.( sentation dated

21.08.2025 to the respondent Nos.3 and 4 to rr:eive the subject document presented by the petitioners for registr rtion. In spite of the same, the respondent authorities are refus:r g to receive and register the subject document. Therefore, Iearn,: I Senior Counsel requested this Court to direct the responder t authorities to consider the representation of the petitioners : eted 2l .OB.2O2S and to receive the subject document for registra _: :n in view of the order dated 19.12.2024 in C.S.No. I24 1L994 pas sed by the High Court of Madras. 4 . On the other hand, learned Assistant Go u, :rnment pleader for Stamps and Registration submits that the respondent authorities n'il1 consider the representation of the petitioners dated 21.08.2025 and il the petitioners present he document to J the Registering authority, the respondent authorities will receive the same and follow the procedure prescribed by law" If there are any objections, appropriate orders shall be passed contemplated under Section 7 7. of the Registration Act, 1908 (for short, 'the Act, 1908). In view of the same, learned Assistant Government Pleader requested this Court to pass appropriate orders

5. The Section 71 of the Act, 1908, reads as follo',vs: Reasons for refusal to register to be recorded.- (1) Euery Sub Registrar refusing to register a document, except on the ground that the propertA to which tt relates ts not situated utithin hb sub-district shall moke an order of refusaL and recorded hts reasons for such order in his Book No.2, and endorse the uords "registration refused" on the document; and, on applicotion made bg anA person executing or claimtng under the document, shall, tuithout paAment and unnecessary clelag, giue htm cr copg of the reason-s so recorded. (2) No registering officer sholl occept Jbr registration o document so endorsed unless and until, under the prouisions hereinafier contained, the document is directed to be registered. 6 . In view of the aforesaid submissions made on either side, without going into the merits of the case, this Writ Petition is disposed of directing the respondent authorities to consider the representation of the petitioners dated 2 I .O8 .2025, duly taking into account the order dated 1 9. 12.2024 1n C.S.No. t24 11994 passed by the High Court of Madras and consequently to receive, 4 G register and release the subject document pr:sented by the petitioners, subject to the petitioners comp ying with the provisions of the Act, 1908 as well as the Indian ! -amp Act, 1899 It will be open to the Registering Authority to refu e the document presented before it, if there is any objection, b1 duly assigning reasons in support of such decision and communi:ate the same to the petitioners thereon. It is made clear that tLi; Court has not expressed any opinion on the merits of the case r,r the entitlement of the petitioners to get the subject document rr gistered. There sha1l be no order as to costs Miscellaneous petitions pending, if any, in t ris Writ Petition sha11 stand closed //TRUE COPY//

1. The Principal Secretary, Department of Revenue, Secrr Saifabad, State of Telangana at Hyderabad.

2. The District Collector, Janagaon, Jangaon District. 3, The Diskict Registrar, Hunter Road, Warangal, Waran g 4. The Sub-Registrar, Janagaon, Jangaon District. 5. The Director and lnspector General of Stamps and Re3 Road, Hyderabad.

6. Two CCs to GP FOR STAMPS REGISTRATION High Telangana at Hyderabad. [OUT]

7. One CC to SRI VEDULA CHITRALEKHA, Advocate [Ctl 8. Two CD Copies To SA BS M, SD/.M. NAGAMANI ASI ISTANT REGI'TRAR !./ , ,,| |// SECTION OFFICER lariat Buildings, rl District. stration, M.J.Market )ourt for the State of UC] HIGH COURT DATED:1 111212025 -t- ,/, _:?.t ' ::- -: ]i .r ).., : I i1, 30ril rIr ';- i ., :" )r' -,-.j-' ORDER WP.No.33832 of 2025 DISPOSING OF THE W.P AT THE STECC OF ADMISSION WITHOUT COSTS. v Va

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