✦ High Court of India · 03 Dec 2025

The High Court · 2025

Case Details High Court of India · 03 Dec 2025
Court
High Court of India
Decided
03 Dec 2025
Bench
Not available
Length
1,010 words

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 Respondent No.3 in refusing to register the Sale Deed vide Slot Booking No. 2500806019, Dt.28.1112025 without issuing any grounds for refusal of the same as illegal, arbitrary against the provisions of Section 71 of Registration Act and Stamp Act and u nconstitutiona l, being in violation of Articles 14, 21 and 300 of the constitution of lndia and consequently direct the 3rd Respondent to receive, register and release the Sale Deed Document vide Slot Registration No. 2500806019 sought to be presented by the Petitioner in respect Agricultural land admeasuring Ac.1.00 gts in Survey No' 650/4, Yedapalle Village, Yedapally Mandal, Nizambad District IA NO: 't OF 2025 petition under section 1s1 cpc praying that in the cir lumstances stated in the affidavit filed in support of the petition, the High cour ray be pleased to grant interim order directing the 3rd Respondent to receive, i,gister and retease the sale Deed slot Registration No. 25008060.r9, Dt, .,8/11r2o2s of Ihe petitioner pertaining to Agricultural land admeasuring Ac.1.0c gts in survey No. 6s0l4,Yedapalle village, yedapaily Mandar, Nizambad Distri,; , pending disposar of the above writ petition Counsel for the Petitioner: SRt. ALI FARAZ FAROOQUI Counsel for the Respondents: Smt. S. SRAVANTHI, AGp FOll STAMPS AND REGISTRAT ON The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.36846 OF 2025 Datez O3.L2.2O25 Between: Smt. Odde AnasuYa and another ... Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & two others ORDER: ...Respondents Heard learned Counsel for the petitioners 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.3 in refusing to register the Saie Deed vide Slot Booking I SK,J W.P.No : 6846 of 2025 No.25OO806O19, dated 28.11.2025 withoul issuing any grounds for refusal of the same, the petitior ers filed the .l present writ petition

3. Learned Assistant Government pleadr:. for Stamps arrd Registration submits that the respc ndents will receive the document presented by the pe: tioners vide Slot Booking No.2500806O19, dated 28.1t.2025 respectively and process the same or follow tt e procedure as contemplated under Section 71 of the Regi ;tration Act, 1908 (for short, the Act, 1908J for rejecting tl Le Sarne.

4. The Section 71 of the Act, 1908, reads i s follows: Reasons for relusal Lo register to be recorded.- (1) Every Sub-Registrar refusing to register a rl except on the ground that the property to which is not situated within his sub-district shall order of refusal and recorded his reasons for sr in his Book No.2, and endorse the words ,,re1 refused" on the document; and, on applicatior any person executing or claiming under the <[, shal1, without payment and unnecessary delay a copy of the reasons so recorded. )cument, it relates nake an ch order istration made by ,ct-lment, give him t \ SK,J W.P.No.36a46 of 2025 (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 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 petitioners vide No.2500806019, dated 28.I1.2025 in respect of the subject property, subject to the petitioners complying ( t 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 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. There shall be no order as to costs. I 4 SK,J W.P.N('. 16a46 of 2025

6. Miscellaneous Petitions, if arly, pendir g in this writ petition shall stand closed. SD/-P,. SRINIVASA REDDY ASS,I ;TANT REGISTRAR a\ .\ //TRUE COPYII !ecrroru oFFrcER To, Hyderabad, Telangana.

1. The Principal Secretary, Revenue Department, Secretarir t Buildings, 2. The District Collector, District Collectorate Nizamabad, lJ zamabad. 3. The Tahsildar-cum-Joint Sub Registrar, IVlandal Revenue Office-yedapally 4. One CC to SRl. ALI FARAZ FAROOQUT Advocate IOP. ]l 5. Two CCs to GP FOR STAMPS AND REGISTRATTON I Iigh Court for the 6. Two CD Copies State of Telangana at Hyderabad [OUf] Yedapally Mandal, Nizamabad District. BM LS .l W l I \ t' ./. i: :)) .,7: .i i( , . i::.. ' 5 llE[ 2,925 -' 1.. -^,-^ r,-' . ':\:_--:=-=-' t., HIGH COURT DATED:0311212025 ORDER WP.No.36846 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o{ \

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