✦ High Court of India · 14 Nov 2025

High Court · 2025

Case Details High Court of India · 14 Nov 2025
Court
High Court of India
Decided
14 Nov 2025
Bench
Not available
Length
1,004 words

1. Smt. Dommati Thirumala, D/o Late Jakkinapalli Komuraiah W/o Dommati Shankar Prasad Aged 38 years, Occ, House Hold Fi/o H.No.6-3-674/'1 Kisan Nagar, Karimnagar

2. Jakkinapalli Rakesh, S/o Late Jakkinapalli Komuraiah Aged 28 years, Occ. Private Employee Rl/o H.No.4-5-466/1, Valmikinagar, Karimnagar ...PETITIONERS AND 1 . The State of Telangana, Rep by its Principal Secretary, Revenue (Stamps and Registrations) D;epartmerit Di. B.R. Ambedkar Secretariat, Hyderabad. 2. The District Registrar, Stamps and Registration Department Karimnagar District, Karimnagar.

3. The Sub-Registrar, Stamps and Registrations Karimnagar. Karimnagr 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 declaring the action of the respondents more particularly the 3rd respondent in not receiving, registering and releasing the Joint Release deed dated 10-11-2025 document presented by the petitioner in respect of House No. 4-5-296/2 (old) near Door No. 4-5-46611 Constructed arca 672.00 Sq.Feet Total extent 91.91 Sq.yards or 77.2-O Sq.Meters situated at Valmikinagar, Krimnagar within the limits of Karimnagar municipal Corporation. Assessment /PTIN No. 1102033453, Registration District and sub District Karimnagar as illegal, arbitrary, unjust, unconstitutional, violation of Principles of natural Justice and also contrary to the provisions of Section 71 of Registration Act, 1908 and consequently direct the respondents 2 and 3 to receive, register and release the Joint Release deed document presented by the petitioner in respect of the subject stated house forthwith. lA NO: 1 OF 2025 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 Respondent No.3 to receive, register and release the Joint Release deed dated 10-11-2025 presented by the petitioner in respect of House No.4-5-296l2 (Old) near Door No. 4-5-466/1 Constructed area 672.00 Sq.Feet Total extent 91.91 Sq. yards or 77.2-0 Sq.Meters situated at Valmikinagar, Karimnagar within the limits of Karimnagar municipal Corporation Assessment /PTIN No. 1102033453, Registration District and sub District Karimnagar pending disposal of the writ petition in the ihterest of justice. Gounse! for the Petitioner: SRI MIRZA AZMATH ALI BAIG Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT ON No.3449O of 2o25 ORDER: Heard Mr. Mirza Azmath Ali Baig, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the official 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 respondent No.3 in not receiving, registering and releasing the Joint Release deed dated 10.1L.2O25 document presented by the petitioner in respect of House No.4-5-296 l2 (old), near Door No.4-5- 46611, constructed area of 672.00 Sq.feet, total extent of gl.g1 Sq.yards (ot 77.2-O Sq.meters), situated ' at Valmikinagar, Karimnagar within the limits of' Karimnagar Municipal corporation with No.1 102033453, the petitioners filed the present writ Assessment/PTIN Petition. t / 2

3. Learned Assistant Government preader for stamps and Registration submits that without presenting the subject document, the petitioners have approached this Court seeking registration of the said document. If the petitioners presents the sarne before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section T L of the Registration Act, 19Og (for short, ,the Act, 19OB). 4, Section 7l of the Act, 190g, reads as follows: Reasons for refusal to register to be record.ed.._ (1) Euery Sub-Registrar refusing to register a doatmen[ except on the ground. that the propertg to uthich it relates is not sifitated. within his sub-d.istrict shall make an ord.er of refusal and. record.ed. his reasons for such order in his Book No.2, and end"orse the words "registration refused.,' on the d.ocument; and, ort application mad.e by any person exeanting or claiming under the doanment, shall, without pagment an.d unnecessary d.elay, giue him a copA of the reasons so recorded. (2) No registering olftcer shail accept for registration a doanment so end.orsed. unless and. until, und.er tlrc prouisions h.ereinafter contained., the d.ocament is directed to be registered. \ \ 3 In view of the aforesaid submissions coupled with the

5. provision under Section 7 L of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document in respect of the subject 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 shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ shall stand closed. Sd/.A.H.S. GOWRI SHANKAR //TRUE COPY/ N OFFICER To,

1. The Principal Secretary, Revenue (gta1n Pg and Registrations) Department Dr' B.R. Ambedkar Secretbriat, Hyderdbad, Stiate of Telangana.

2. The District Registrar, Stamps and Registration Department Karimnagar District, Karimnagar.

3. The Sub-Registrar, Stamps and Registrations Karimnagar. Karimnagr district. 4. One CC to SRI MIRZA AZMATH ALI BAIG, Advocate TOPUCI 5. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Telangana at HYderabad [OUI t N.

6. Two CD CoPies ,,- -. .: :.i.i . r.. . ?T,.rli .:1" .r i:--,ifr:jTH-..,!,.,ft=a-wll HIGH COURT DATED i1411112025 / / Fo -+ .t ^s$, ORDER WP.No.34490 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS r\ r*

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