The High Court · 2025

Petition Under p.r..ticle 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, dl.24lj( pending as Doc. No.24112014 and later returned to the No.642020, dt. 04ljgl2o20, on the ground of injunction Honourable High Court of Madras in OSA No.69/1999, dt.2 said order coming to an end by way of disposal of CS No.12 by the Honourable High Court of Madras as arbitrary, il consequential direction to the 4th Respondent to receive, r_= Sale Deed, dt.2411012014 which was kept pending as Doc. I returned to the Petitioners vide Lr. No.64/2020, dt.0, presented by the Petitioners without reference to the ob regarding the injunction order passed by the Honourable Hir OSA No.69/1 999, dt.25t07 t200O. '20'14 which was kept Petitioners vide L.r. rrder passed by the ;/O7l2O0O despite the t/1994 on 1911212024 egal and to issue a yister and release the o.24112014 and later logl2020, on being ection raised earlier h Court of Madras in l.A.NO:1 OF 2025 Petition Under Section 151 CpC praying that in the cir the affidavit filed in support of the petition, the High Cor- r direcl the 4th Respondent to receive, register and re[: dt.2411012014 which was kept pending as Doc. No.241l20.1 4 the Petitioners vide Lr. No.6412O20, dt.04/09/2020, on beir Petitioners without reference to the objection raised e injunction order passed by the Honourable High Courl No.69/1999, dt.25l07l2O0O, pending disposal of the main wril )umstances stated in may be pleased to se the Sale Deed, and later returned to g presented by. the rrlier regarding the of fVadras in OSA petition. Counsel for the Petitioners : SRI VEDULA SRIN|VAS, SENr( R COUNSEL REPRENTING SRI VEDULA CHITRALEKHA Counsel for the Respondents : SMT S.SRAVANTI, AGp FCt STAMPS REGISTRATION The Court at the stage of admission made the following Otl )ER i I :,, IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.33 83O of 2O25 Date:11.12.2o25 Between: The Propert5r Association of Baptist Churches p. Ltd. and TWo Others ...Petitioners AND The State of Telangara, Rep. by its principal Secretar5r, Department of Revenue Stamps and Registration, Secretariat Buildings, Hyderabad and Four others. ...Respondents ORDER: Heard Sri Vedula Srinivas, learned Senior Counsel representing Ms. Vedula Chitralekha, Iearned 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 lor the petitioners submits that the petitioners filed the present writ petition seeking 2 to declare the action of respondent Nos.3 and I in refusing to receive, register and release the sale deed d,r ed 24.1O.2014, which was kept pending uide Document No.24 L '2014 and later returned to the petitioners uide Lr.No.64/2O2O dt ted 04.O9.2020, on the ground of an injunction order dated 25.0'z 2O00 passed by the High Court of Madras in O.S.A.No.69/1999. lespite the said order having come to an end on disposal of C.S. lo.l24 /1994 by the High Court of Madras on 19.12.2024, as illegzi and arbitrar5r.

3. Learned Senior Counsel appearing for the pt titioners further submits that the petitioners made a repror entation dated

21.O8.2O25 to the respondent Nos.3 and 4 to re < eive the subject document presented by the petitioners for registre :ion. In spite of the same, the respondent authorities are refusirr ; to receive and register the subject document. Therefore, learne: Senior Counsel requested this Court to direct the responder.r authorities to consider the representation of the petitioners c!: ted 2l .O8.2O25 and to receive the subject document for registrat:< n in view of the order dated 19.12.2024 in C.S.No. 124/1994 pa:;: ed by the High Court of Madras.

4. On the other hand, learned Assistant Gove for Stamps and Registration submits that rnment Pleader he respondent authorities will consider the representation of the petitioners J dated 21.08.2025 and if the petitioners present the document to 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 as contemplated under Section 71 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 follows: Reasons for refusol to regbter to be recorded.- (1) Euery Sub-Registrar refusing to register a docunt_ent, except on the ground tlrut the property to ruhich it relates is not situated uithin hts sub-distict shalL make an order of refusal and recorded his reasons for suclt order in his Book No.2, and endorse tlre tuords "registration refused" on the documerut; and, oru application mode by anA person exeanting or claiming under the doanment, sholl, uithout paAment and unnecessary delag, giue him a copg of I he reason s so recorded . (2) No registeirLg offcer shall accept for iegistrotion a d.ocument so endorsed.. unless and until, under the prouisions hereinafter contained, th.e document is directed to be reaistered.

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 21.08.2O25, duly taking into account the order dated 19.12.2024 in C.S.No.I24/lgg4 x .t passed by the High Court of Madras and conse<1 register and reiease the subject document 1r petitioners, subject to the petitioners comt provisions of the Act, 19Og as well as the Indian I It will be open to the Registering Authority to refir presented before it, if there is any objection, b1 reasons in support of such decision and communi the petitioners thereon. It is made clear that thi expressed any opinion on the merits of the case or of the petitioners to get the subject document r,: shall be no order as to costs. rently to receive, esented by the lving with the tamp Act, 1899. ;e the document duly assigning :ate the same to ; Court has not the entitlement listered. There Miscellaneous petitions pending, if any, in ti is Writ petition shall stand closed //rRUE coPY// As' ."?RNYJ$?ffi sEcrroN oi{o'.* To

4. 5. 6 7 8 I' U:,:llii?fl fi :i,l3l1'&,?,,"t#t?L"i'T{qffiil:5' |,"o3iioT;s' "'""o" +[i[.[iffi l$:Ut"ltJ'mru:"**tl,:",1,3n'.'''l'fi +ii; 5ffi -R;st;irPI' J"119?"{;i3}?1?tBi'i3t;", R -. ristration, M J Market The Director and lnsPector u matl*'at;Pb* .'o*' REGlsrRArloN ' H g r court ror the state or l*ttCt a'S+tttff JBYJ*,-.*'.^ Advocate ( PUcl ];*,,a,District Two CD CoPies SA BS t, ^M/ .__..--..--*',i:-< :---r_-- I HIGH COURT DATED:1 111212025 ; \:,.-- ) !,- : tf 3 0 ['tC i -,1 II :.r- ' oi lt. ^,'\,i\ ll i:ri .. '' i'/ \- r_- 1r . ,i;,F ORDER WP.No.33830 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1 ctOtv