Pandirigufta Land Housing Development and Finance v. 1. The State of Telangana

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 oflhe 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.1486912023, 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. I 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 thei 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 WRIT PETITION No.3546O of 2O2S Date: O8.L2.2O25 Between: Pandirigutta Land Housing Development and Finance. AND The State of Telangana, Rep. by its Principal Secretary, 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 Supplementar5l Agreement-cum- GPA (SAGPA), which is supplernentary to the registered Development 2 Agreement-cum-GPA Doc.No.14869/2023, 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 Authorigi. If the petitioner presents the document to the Registering authority, the respondents will receive the same and follow the procedure. If necessaqr, 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 Section 71 of the Act, 1908, reads as follows: Reasons for refusal to regi.ster to be recorded.- (1) Euery Stb-Registrar refusing to register a docttmen[ exccpt on tLte ground that the propertA to uthich it relates i"s not situated uithin his sub-distict shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the utords "registration refused" on the document; and, on application made bg anA person executing or claiming under the doanment, shnll, ltithout paAment and unnecessary delag, giue him a copg of the rea.sons so recorded. (2) No registering officer shall accept for registration a doanment so endorsed unless and until, under tle prouisions lereinafter contained, the docament is directed to be registered. 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 sa.rne to the petitioner thereon. It is made clear that this Court has not expressed any 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. S . PONNA KRISHNA /ffRUE COPY/ To, \ W

1. The Principal Secretary, Revenue (Stamps and B.R. Ambedkar Bhavan, Telangana, Hyderabad, OFFICER Dr.

2. The Commissioner and lnspector General of Registrations and Stamps, 5-3-953, Nizam Shahi Rd, Mozamjahi Market, Herza Estate, Risala Abdullah Colony, Jam Bagh, Hyderabad, Telangana-500095.

3. The District Registrar, Ranga Reddy District, 2nd Floor, Sony Business Complex, Prashanti Nagar, [\Ioosapet, Hyderabad.

4. The Joint Sub- Registrar, O/o. the District Registrar, Ranga Reddy District, 1st Floor, Sony Business Complex, Prashanti Nagar, Moosapet, Hyderabad.

5. One CC to SRI SRINIVASA RAO BODDULURI, Advocate [OPUC] 6. Two'CCs to GP FOR STAMPS & REGISTRATION, High Court for the State 'of Telangana at Hyderabad [OUTI

7. Two CD Copies \-I HIGH COURT 0811212025 t ORDER WP.No.35460 of 2025 . ::=::=::-_- j :its S r,. 17wtw I i.l t, P4 DISPOSING OF THE WRIT PETITION THOUT COSTS \