High Court · 2025
Case Details
1. The state of rerangana, Rep. principar secretary, Revenue (stamps 2+[''[?g:liru:]kttltj;!:i,Erui:,#],,**ffi ;ii",,",,nn,n,, 3. The District Registrar, Ranga Reddy District, Hyderabad. 4' The sub Regisiiar, serilinqihqriit Rrj"niibriilrr, R.R. District. 5' relansana state wakf ed'd,F;d'r;ill;'dr,ti"rib"Lii6iiiiiJer rra; House, Razzak Manzil, Nampally, A*rfi;d. '|ae vr rrsr ...RES'.NDENTS.. 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 an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not accepting the sale Deed in respect of the prot No. gg in sy. No. 234, admeasuring 224 sq. yards or.1gr.26 sq' Meters, situated at Manikonda Jagir viilage. Gandipet Mandar, Ranga Reddy District though the said property is not included in the prohibitory list as prepared ulsec'22-A of Registration Act, 1908, and though the above property is not part of any wakf property, as iltegat, unlaMul, contrary to law and consequenly direct the 4th respondent to accept the above document of the petitioner in respect of the above property for the purpose of registration and retease the same. lA NO: 1 OF 2025 Petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim order directing the 4th respondent to register and release the Sale Deed sought to be presented by the petitioner in respect of the Plot No. 88 in Sy. No. 234, admeasuring 224 Sq. Yards or 187.26 Sq. Meters, situated at [\Ianikonda Jagir Village, Gandipet fiIandal, Rdnga Reddy District, pending disposal of main Writ Pbtitaon. Gounsel for the Petitioner: SRI M.DAMODAR REDDY Counsel for the Respondent Nos.1 TO 4: SMT. S.SRAVANTHI, Counsel for the Respondent No.S: SRI FARHAN AZAM KHAN, SC FOR TSWB AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER ,, ,/1 ;.\ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HON'BLE SRI JUSTICE K.SARATH Date: OL.L?.2OZi Between: Smt. D.Krishna Kumari ...Petitioner AND The state of Telangana, Rep. by its principar secretar5r, Revenue (stamps and Registration) Department, secretariat, Hyderabad & four others ...Respondents ORDER: Heard learned counsel for the petitioner and Smt. s.sravanthi, Iearned Assistant Government pleader for stamps and Registration and sri Farhan AzarnKhan, learned standing counsel for the Telangana State wakf Board 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 sx,., W.P.No.36584 ot 2O2S
2. Aggrieved by the action of the respondents in not accepting the Sale Deed in respect of the plot No.gg in Sy.No.234, admeasuring 224 square yards or 1g7.26 square meters, situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District though the said propert5r is not included in the prohibitory list as prepared under section 22-A of the Registration Act, 19O8 and though the above property is not art of any Wakf property, 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 ivithout presenting it before the Registering Authority. If the petitioner presents the document before the Registering authority, the respondents will receive the same and follow the procedure. If there are any objections, appropriate orders shall be passed as , I contemplated under Section 71 of the Registration Act, l 3 SKrJ W.P.No.36584 of 2o25 1908 (for short, the Act, 1908J. Therefore, learned Assistant Government Pleader has requested this Court to pass appropriate orders.
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 property 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 payment and unnecessary delay, give him a copy of the reasons so recorded. (21 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 with 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 document, subject to the petitioner complying with the \ \ \ I I I 'il 4 SK,J W.P.No.365a4 ol 2O2S provisions of the Act, 190g as well as the Indian Stamp Act, 1899. It will be open to the Registering Authorit5r 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 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 document registered. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. N ASSISTANT REG gI //TRUE COPY//. ECTION OFFICER The Principal Secretary, yderabad, Secretariat, H The I r General, Stamps AND Registration, Government of Telangana, Revenue State of Telangana. (Stamps AND n) Department, To
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8. 9. PSK. BS \ HIGH COURT DATED :01t12t2025 ORDER WP.No.3G5B4 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ A .U,