1. The Property Association of Baptist Churches (P) Ltd v. 1. The State of Telangana
Case Details
Petition Under Anicle 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.24.1 C pending as Doc. No.24712O14 and later returned to th( No.68/2020, dt.04.09.2020, on the ground of injunction Honourable High Court of Madras in OSA No.69/1999, dt..z said order coming to an end by way of disposal of CS No.1 2 by the Honourable High Court of Madras as arbitrary, I consequential direction to the 4th Respondent to receive, r,: Sale Deed, dt.24.1o.2014 which was kept pending as Doc. I returned to the Petitioners vide Lr. No.68/2020, dt.t. presented by the Petitioners without reference to the o: regarding the injunction order passed by the Hon'ble Higrf OSA No.69/1 999, dt.25.07.2000. 2014 which was kept Petitioners vide Lr. rrder passed by the ;.07 .20OO despite the l/1994 on 19.12.2024 -.gal and to issue a tister and release lhe o.24712014 and later .O9.2020, on being ection raised earlier Court of Madras in l.A.NO:1 OF 2025 Petition Under Section 15'l CpC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to direct the 4th Respondent to receive, register and reler se the Sale Deed, dt.24.10.2o14 which was kept pending as Doc. No.247tzol.! aod later returned to the Petitioners vide Lr. No.68/2020, dt.04.09.2020, on bei g presented by the Petitioners without reference to the objection raised : rrlier regarding the injunction order passed by the Hon'ble High court of Madras in osA No.69/1999, dt.25.O7.2O0O, pending disposal of the main writ petition. Counsel for the Petitioners : SRt VEDULA SR|N|VAS, SENt( R COUNSEL REPRESENTING SRI VEDULA CHITRALEKHA ' Counsel for the Respondents : SMT S.SRAVANTHI, AGp F( R STAMpS REGISTRATION The Court at the stage of admission made the following OIt )ER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.33883 of 2o25 Date: LL.L2.2O25 Between: The Property Association of Baptist Churches P. Ltd. and Two others ...Petitioners AND The State of Telangana, Rep. by its Principal Secretary, 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, 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 2 .--q to declare the action of respondent Nos.3 and I in refusing to receive, register and release the sale deed de led 24'lO'2O14' /2014 and later which was kept pending uide Document No'247 returned to the petitioners uideLr'No'6Bl2O2O '1 on the ground of al injunction order dated 25'C'' the High Court of Madras in O'S'A'No'69 l1999 order having come to an end on disposal of C'S tLed 04.O9.2O2O, .2000 passed bY despite the said No.l24l 1994 bY the High Court of Madras on 19'12'2024' as i11e11 J and arbitrarY.
3. Learned Senior Counsel appearing for the 1 submits that the petitioners made a repr 21.08.2025 to the respondent Nos'3 and 4 to r document presented by the petitioners for regist the same, the respondent authorities are refur; register the subject document' Therefore' leart-t requested this Court to direct the. respondt consider the representation of the petitioners and to receive the subject document for registtt order dated 1g.12.2024 in C'S'No'12411994 t etitioners further :sentation dated :ceive the subject 'ation. In sPite of ng to receive and :d Senior Counsel nt authorities to d,ated 21 .O8.2025 tion in view of the rssed by the High Court of Madras. 4 On the other hand, learned Assistant (i rvernment Pleader for Stamps and Registration submits thrr the respondent authorities rt ill consider the representation of the petitioners -/ J dated 21.O8.2O25 and if the petitioners present the document to the Registering authority, the respondent authorities will receive the same and follow the procedure prescribed by iaw. If there are any objections, appropriate orders shall be passed as contemplated under Section 7l 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 lollows: Reasons for refusal to reg{.s,ter to be recorded.- (1) Euery Sub Registrar refustng to register a document, except oft the ground thot the propertA to uhich it relates is not situctted uithin his sub-distict shall make an order of refusal and- recorded his reasons for such order [n his Book No.2, and endorse the tuords "registration refused" on the document; and, on applicatton made by anA person executing or clatming under the document, sholl, tuithout paAment and unnecessary delag, giue him_ a copg of the reasons so recorded. (2) No registering oJficer shalt accept for registration a docwment so endorsed unless and until, under the prouisions hereinafier contained, the document ts dtrected to be regtstered.
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 21.08.2025, duly taking into account the order dated 19.12.2024 in C.S.No.124/1994 ,1 = recelve, passed by the High Court of Madras and conse<1 rently to regtster and release the subject document 1> petitioners, subject to the petitioners comt provisions of the Act, igOg as well as the Indian I It will be open to the Registering Authority to refu presented before it, if there is any objection, br 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,l shall be no order as to costs. esented by the tying with the tamp Act, 1899. ;e the document duly assigning :ate the same to i Court has not the entitlement Jistered. There Miscellaneous petitions pending, if any, in tl is Writ petition shall stand closed //TRUE COPY// SD/.M. NAGAMANI AS!; STANT REGI9TRAR i'r/i sEcIoN o\#rcen '1. The Principal Secretary, Department of Revenue, (Stanr Secretariat Buildings, Saifabad, State of Telangana at tl
2. The District Collector, Janagaon, Jangaon District. 3. The District Registrar, Hunter Road, Warangal, Warangu 4. The Sub-Registrar. Janagaon, Jangaon District. 5. The Director and lnspector General of Stamps and Regir Road, Hyderabad.
6. Two CCs to GP FOR STAMPS REGISTRATION, High t Teiangana at Hyderabad. [OUT]
7. One CC to SRI VEDULA CHITRALEKHA, Advocate [Ol) L Two CD Copies and Registration) derabad. District. tration, M.J.Market ourt for the State of JC] To SA BS hy .,,*s i.- : -.;li.r;,,,: :: :.j; s ai.-- -: I HIGH COURT DATED:1 111212025 I -...:....^.- .'.4- 1 r'.i: .) 30 ,t Oc l-! !,i ORDER WP.No.33883 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 0,, .'rA v