✦ High Court of India · 04 Dec 2025

The High Court · 2025

Case Details High Court of India · 04 Dec 2025
Court
High Court of India
Decided
04 Dec 2025
Length
1,019 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 a Writ or direction more particularly one in the nature of Writ of fVlandamus, declaring the action of the respondent No. 3 in refusing to receive, register and release sale deed in respect of the Plot No. 34 in Sy No. 103/39 A, admeasuring 286 Sq.Yds equivalent to 239.09 Sq.Mtrs situated at Shamshabad Village and Mandal, Ranga Reddy District, without any reason as illegal, arbitrary, u nconstitutional and contrary to the provisions of Registration Act 1908 and also contrary to the orders passed by this Hon'ble Court and consequently dire_ct the respondent No. 2 & 3 to receive, register and release the sale deed presented by the petitioner in respect of the above said property by following due procedure ."-l lA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the ci the affidavit filed in support of the petition, the High Corr direct the respondents to receive, register and release th,: before the 3rd respondent in respect of the Plot No. 3z admeasuring 286 Sq Yds equivalent to 239.09 Sq.Mtrs silr Village and Mandal, Ranga Reddy Oistrict, pending disp: Petition, cumstances stated in i may be pleased to sale deed presented in Sy No. 103/39 A, ated at Shamshabad ;al of the main Writ Counsel for the Petitioner : SRI B MADHU SUDHAN RAO Counsel for the Respondents: SMT. S. SRAVANTHI, AGP F CR STAMPS ANO REGISTRATION The Court made the following: OROER IN THE HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD , THE HONOURABLE SRI JUSTICE K.SARATH I I I i I Between: G.Kavitha WRIT PETITION No.37O85 of 2025 Date: 04.12.2025 AND The State of Telangana, Rep. by its Principal Secretan, Stamps and Registration, Secretariat, Hyderabad ald two others. ...Petitioner ...Respondents ORDER: Heard Sri B.Madhusudhan Rao, learned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government pleader for Stamps ald 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.3 in refusing to receive, register and release the sa_le deed in respect of plot No.34 in Sy.No.103/39A, admeasuring 286 Sq.yards (equivaient to 239.O9 Sq.meters), situated at Shamshabad Village and Mandal, Ranga Reddy 2 District, without any valid reason, the petitioner f.1 rd the present Writ. Petition.

3. Learned Assistant Government Pleader for Stamps and Registratron submits that the petitioner has aplr oached this Court seeking registrarion of rhe satd document without rresenting it before the Registering Authority. If the petitioner preserl .s the document to the Registering authoritv, the respondents will rr t eive the salne and follor.l' tl-re procedure. [l necessary, and if there rre ary objections. appropnate orders sha1l be passed as contemplatr: I under Sectron 7 1 of the Registration Act, 1908 (for short, 'the Act 19O8). Therefore, learned Assistant Government Pleader requested -his Court to pass appropriate orders.

4. The Section 71 of the Act, 1908, reads as follo VS: Reasons for refusal to register to be recorded.- (1) Euery Sub-Registror refusing to register a doa the ground thot the property to uthich it relate: trithin his sub-distict shall make an order of refiL hib reasons for such order in his Book No.2. t utords "regtstrotion refused" on the doa,Lment; att made bg anA person exeanting or claiming una< shall, uitLtout paAment and unnecessary delag, 17 the reasons so recorded. '.tnent, except on is not situated ;aI and recorded nd endorse the l, on application r the doatmenL ue him a copA of (2) No registering officer shall accept for registr,t so endorsed unless and until, under tle prou: contained. the doanment is directed to be registet e ion a doatment ions hereinafter c. ..= FtF.E/ _',;a :/ l 3

5. In view of the aforesaid submissions, coupled with the provision under Section 7 | of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document in respect of the subject property, subject to the petltioner complying rvith 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 communicale the same to the petitioner thereon. It is made clea_r 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. Sd/.C.DEEPIKA SISTANT REGISTRAR A //TRUE COPY// SECTION OFFICER To, ine State 6fTelangana, Hyderabad'

1. The Principle Secretary, Stamps and Registration Department' Secretariat' ' 2. The District Registrar, Registration and Stamps' Ranga Reddy District' 3. The Sub-Registrar, Stamps and Registration' Shamshabad ' Ranga Reddy District

4. One CC to SRI B MADHU SUDHAN RAO' Advocate [OPUC] 5. Two CCs to GP FOR STAMPS & REGISTRATION' High Court for the State of Telangana. [OUT]

6. Two CD CoPies PVL Ml f ---.--..= .^-,-- -. r*.-*, ---4'.--+r-r,<.*--.ri. s-?--rra'7: !:-=q'rr:: HIGH COURT DATED:0411212025 ORDER WP.No.37085 of 2025 ---":-i_ ,''. trari)S\ I [i[ 2ffi .\ .al ,/ .1 . 1 /.. \: DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 I I \v

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