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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.4 in not admitting for registration and releasing the present Supplementary Agreement cum GPA (SAGPA), which is supplementary to the registered Development Agreement cum GPA Doc. No.1487012023, aS being illegal, arbitrary, violative of principles of natural justice, without jurisdiction, contrary to the provisions of Registration Act-1908, and violative of Article 14 of the Constitution of lndia, and consequently direct the Respondent No. 4 to admit the SAGPA and release the document within a stipulated timeframe. IA NO: ,E 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.4 to admit the SAGPA and subject to the final outcome of the present writ Petition to release the subject SAGPA. Counsel for the Petitioner: SRI SRINIVASA RAO BODDULURI Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH IIIRIT PETITION No.3545 of 2o25 Date: O8.L2.2O25 Between: Pandirigutta Land Housing Development and Finance AND The State of Telangana, Rep. by its Principal Secretar5r, Revenue (Stamps and Registration) Department, Dr. B.R.Ambedhar Bhavan, Hyderabad & three others. ORDER: .Petitioner ...Respondents Heard Sri Srinivasa Rao Bodduluri, learned counsel for the petitioner, 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 respondent No.4 in not admitting for registration and releasing the present Supplementary Agreement-cum- GPA (SAGPA), which is supplementaqr to the registered Development \ \ 2 Agreement-cum-GPA Doc.No. L487O / 2023, the petitioner filed the present Writ Petition.
3. Learned Assistant Government Pleader for Stamps and Registration submits that the petitioner has approached this Court seeking registration of the said document without presenting it before the Registering Authority. If the petitioner presents the document to the Registering authority, the respondents will receive the same and follow the procedure. If necessary, and 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). Therefore, learned Assistant Government Pleader requested this Court to pass appropriate orders.
4. The SectionT l of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Euery Sub-Registrar refusing to regtster a doanment, except on the ground that the propertg to uhich it relates is not situated within his sub-distrtct 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 doanment; and, on application made bg ang person exeanting or claiming under the document, shall, without payment and unryqcdssary delay, giue him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a doanment so endorsed unless and until, under ttrc proubiorus hereinafter corutained, the docttment is directed to be regbtered. 3
5. In view of the aforesaid submissions, coupled with the provision under Section 71 of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document presented by the petitioner within four (04) weeks from the date of receipt of copy of this order, subject to the petitioner 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 same to the petitioner thereon. It is made clear that this Court has not expressed ar.y opinion on the merits of the case or the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/.P. PONNA KRISHNA ISTANT REG OFFICER To, \ 1 The Principal Secretary, Revenue, Stamps and B.R. Ambedkar Bhavan, Telangana, Hyderabad, Department, Dr of Telangana.
2. The Commissioner, and lnspector General of Registrations and Stamps, 5-3-953, Nizam Shahi Rd, tVldzamjahi [Vlarket, Herza Estate, Risala Abdullah Colony, Jam Bagh, Hyderabad, Telangana-500095.
3. The District Registrar, Ranga Reddy District, 2nd Floor, Sony Business Complex, Prashanti Nagar, Moosapet, Hyderabad.
4. The Joint Sub-Registrar, O/o. the District Registrar, Ranga RqO{V D.istrict, 1st Floor, Sony Business Complex, Prashanti Nagar, [\/oosapet, Hyderabad
5. One CC to SRI SRINIVASA RAO BODDULURI, Advocate [oPUC] 6. Tvrrc CCs to GP FOR STAI\4PS & REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT] \ \ z {y / oco r. rwo cD copies HIGH COURT DATED: 0811212025 \ \ t=ti WP.No.35451 o12025 r] '-:) o a) t. l' 17 EEE M l: \: I(-'lrf:O DISPOSING OF THE WRIT PETITION THOUT COSTS P