High Court · 2025

3, Marepally Devendar, S/o late M Sri Ramulu Aged 50 years O^cc. Business R/o H No.4-32-1793/1, Flat No.8-70/1 Phase-2, Allwyn Colony, Opp. Vasara High School Kukatpally, Medchal-trlalkajgiri District 4 Marepally Madhusudhan, S/o late M Sri. Ramu.lu ngq9 1S years. Occ Busiriess R/o H No.4-39-158, Hanuman Nagar, Jagadgirigutta, Kukatpally' Medchal-Malkajgiri District 5 Smt Kusuma Kala Basireddv, Wo B. Bhaskar Reddy Aged about 57 years Occ. Housewife R/o Plot No.654/C, Road No 44, Jubilee Hills, Hyderabad 500 033 ...PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Registration and Stamps Department, Secretariat, Hyderabad. The lnspector General, Stamps and Registratio n, Mozzam iahi Market, Hyderabad. T.S, The Tahsildar-cum JSRO, Kandukur Mandal Rangareddy District. ...RESPONDENTS 2 3 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 a writ, order or direction, one more particularly in the nature of a writ of Mandamus declaring the action of the Respondent No.3 in refusing, registering and releasing the sale deed presented by the petitioner in respect of stibject pioperty viz., ai that land total admeasuring Ac. 1-1 0 gts comprising of RcO-tZSO gts in Sy No.501731311. Ac.0-1250 gts in Sy No 50/73i3l3. Ac0-1250 gts in sy No.solzslela and Ac.0-1250 gts in Sy No,50/73l3/5 situated at Mucherla Village, Kandukur Mandal, Ranga Reddy Distflct as being illegal, arbitary, u nconstitutiona I and contrary to the provisions of Registration Act, 1908 and consequently direct the respondents to recerve, register and release the sale deed presented by the petitioner herein IANO:1 OF 2024 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 3rd respondent to receive, register and release the sale deed dobument presented for registration by the petitioner herein in respect of subject property i.e. all that land total admeasuring Ac.1-10 gts comprising of Ac 0-1250 gts in Sy No.50l73l3l1 Ac 0-1250 gts in Sy No 50/7313/3. Ac.0-1250 gts in Sy No.50t73t3t4 and Ac 0-1250 gts in sy No 50/7313/5 situated at Mucherla Village, Kandukur Mandal, Ranga Reddy District, pending disposal of the writ oetition Counsel for the Petitioner: SRl. P VENKAT REDDY Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER w THE HONOURABLD SRI JUSTICE K.SARATH WRIT PETITION No.36793 OF 2o24 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps ald Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the respondent No.3 in refusing to receive and register the Sale Deed presented by petitioners in respect of the land admeasuring to an extent of Ac. 1.10 guntas i.e. an extent of Ac. 1.250 guntas 1n Sy.No.5O/73l3ll; Ac.O.1250 Guntas in Sy.No.SO /731313; Ac.0.1250 guntas in 50/73/314 and Ac.O.1250 Guntas in Sy.No.50/731315, situated at Mucherla Village, Kandukur Mandal, Ranga Reddy District the petitioners filed the present writpetition.

3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1e08).

4. The Section 71 of the Act, 1908, reads as follows: wP No.36793 of 2O24 Reasons for rcfusal to register to be recorded.- (l ) Er,cry Sub-Registrar refusing to rogister a docunrcnt, except on the ground that the l)ropcrty to which it relates is not situated within his sub- district shall make an order of refusal and recordcd his reasons for such order in his Book No.2, and endorsr: the u'ord s "registration refuse<l'' on the documr:nt; and, on application made by any person execul ing or claiming under the documr:rrt, shall, without paymcnt and unnecessary delay, grve him a copl' ol the reasons so recorded. (2) No registering officer shall accept for rt:gistration a docu rncnt so endorsed unless and until, rtnder thc provisr rins hereinafter contained, the dot:ument is direct r,l to bc registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, registcr and release the subject docr.rment, subject to the petitioncrs 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 l.tre document presented before him, if he has any objection, by duly WP No.36793 of 2O24 assrgnrng reasons ln 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.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs. SD/-A.V.S RASAD STRAR DEPUTY GI //TRUE COPY// SECTION OFFICER To, 1 2 J 4 5 The Principal Secretary, Registration and Stamps Department, Secretariat, Hyderabad. The lnspector General, Stamps and Registration, Mozzam Jahi Market, Hyderabad. T.S. The Tahsildar-cum JSRO, Kandukur Mandal Rangareddy District. One CC to SRl. P VENKAT REDDY Advocate IOPUC] Two CCs to GP FOR STAMPS AND REGISTRATION 'High Court for the State of Telangana. [OUT] Two CD Copies 6 KKS BS s ,/ HIGH COURT DATED:0810412025 e J o /.i /== ,j+ Y\E S fAr e (.i 2? APn Z0[ t )i:,;par { ( 6 c. ORDER WP.No.36793 of 2024 DISPOSING THE WRIT PETITION WITHOUT COSTS @'*'u (v d{r