Kakumani Venkatanaga Anand v. 1. The Sub-Registrar

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 a writ of Mandamus under Article 226 of the Constitution of lndia declaring the action of the 1st respondent in not registering the Mortgage Deed executed by the petitioner in favour of the 4th respondent, dated 18.10.2025, despite completing all the formatities, including payment of required stamp duty, etc. is arbitrary, illegal, discriminatory, malafide and unconstitutional, violating Articles 14, 19 and 21 of the Constitution of lndia and issue consequential directions directing the 1st Respondent to forthwith register the Mortgage documents executed by the petitioner dated 18.10.2025 in favour of the 4th respondent, to enable the petitioner to obtain permission from the 4th respondent and further direct the 4th respondent to accord permission for construction of the building, in pursuance of the building plan submitted and the consequent approval rec'eived by the petitioner. :'t OF 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 1st Respondent to forthwith register the Mortgage documents executed by the petitioner dated 18.10.2025 in favour of the 4th respondent, to enable the petitioner to obtain permission from the 4th respondent and further direct the 4th respondent to accord permission for construction of the building, in pursuance of the building plan submitted and the consequent approval received by the petitioner, pending disposal of the writ petition. Counsel for the Petitioner : SRt P.V.KRISHNAIAH Counsel for the Respondent Nos.l, 2, 3 & 6 : SMT S.SRAVANTHI, AGp FOR REVENUE Counsel for the Respondent No.4 : SRI K.LAXMAIAH Counsel forthe Respondent No.S : AGP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT The Court at the stage of admission made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELIINGANA AT THE HON'BLE SRT JUSTICE K.SARATH WRIT PETITION No.36O55 OF 2025 Date:24.12.2o.25 Between: Kakumani Venkatanaga Anand The Sub-Registrar, Rqjendranagar Mandal, Gandipet, Rangareddy District & five others Petitioner Heard Sri P.V.Krishnaiah, learned Counsel for the petitioner and 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 the respondent No. 1 in not registering the Mortgage Deed executed by the petitioner in favour of the respondent No.4, dated 2 SK,J trI.P.No.36O55 of 2O25 L9.LO.2025, despite completing'all the formalities including payment of required stamp duty, etc.,, the petitioner fiIed the present writ petition.

3.' Learned Assistant Government Pleader for Stamps and Registration submits that the respondents will receive the document presented by the petitioner vide Transaction No.TEEO25885159 dated 18.10.2025 and process the sarne or follow the procedure AS contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908') for rejecting the same.

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the propert5r to which it relates is not situated within his sub-district 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 document; and, on application made by any person executing or claiming under the document, shall, without palment and unnecessary delay, give him a copy ofthe reasons so recorded I t 3 SK,J W.P.No.36O55 of 2O25 (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document. is directed to be registered

5. In view of the above made submissions coupled urith the provision under Section 7L of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject d.ocument presented by the petitioner vide Transaction No.TEEO25885159 dated 18.1O.2O25 in respect of the I I subject property, 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 documents presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject documents registered. There shall be no order as to COSTS t I \ b 4 SK,J W.P.No.36055 of 2025 r'

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed //TRUE COPY/ The Sub-Registrar, Rajendranagar Mandal Gandipet SD/. C. DEEPIKA REGISTRAR T I ! N OFFICER RangareddY To

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6. 7 8 o \ 1 11.Two CD CoPies SA t / a ,i . ' I t I i i i . ; i : i I I I : I l: I , / a HIGH COURT DATED i2411212025 HET o Y ,o (-) ,':. * I2 nJ 1l n 2t]2t * ORDER WP.No.36055 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.