✦ High Court of India · 05 Dec 2025

The High Court · 2025

Case Details High Court of India · 05 Dec 2025
Court
High Court of India
Decided
05 Dec 2025
Bench
Not available
Length
1,083 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 irrlandamus, declaring the action of the respondent No. 3 in refusing to receive' register and release- sale deed in respect of the open Land admeasuring 363 Sq".Yds equivalent to 303.46 Sq.Mtrs bearing Plot No. 38 in Sy'No' 103/39 A' situated ai Shamshabad Village and Mandal, Ranga Reddy District, without any reason. as illegal, arbitrary, u ncon stitutional and contrary to the provisions of Registration Rit t SOA and also contrary to the orders passed by this Hon'ble Coirt and consequently direct 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. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir umstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to direct the respondents to receive, register and release the ;ale deed presented before the 3'o respondent in respect of the Open Land adnr ,asuring 363 Sq.yds equivalent to 303.46 Sq.tVtrs bearing Plot No. 38 in Sy.No. 03/39 A, situated at Shamshabad Village and lvlandal, Ranga Reddy District, pr: ding disposal of the main Writ Petition. Counsel for the Petitioner: SRI B. MADHU SUDHAN RAO Counsel for the Respondents: SMT. S. SRAVANTHT, ASST ;p FOR STAMPS & REGISTRATION The Court made the following: ORDER I / IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.37215 OF 2025 Date: O5.L2.2O25 Between: Todupuri Ananta Lakshmi and two others ...Petitioners AND The State of Telar-rgana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & two others ORDER: ...Respondents Heard learned Counsel for the petitioners and Smt. S. Sravanthi, learned Assistalt Government Pleader for Stamps arrd 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 itseif

2. Aggrieved by the action of the respondent No.3 in reltsing to receive, register and release the sale deed \ -- \t -'Fl!+Fri SK,J W.P.NC 37215 of 2o2:o presented by the petitioners in respect of t he open land admeasuring 363 square ya_rds equiva_lr:r Lt to 303.46 squa-re meters bearing Piot No.38 in Sy JIo.103/39 A, situated at Shamshabad Village and Mrnda_l, Ranga Reddy District, without any reason, the pe :itioners hled the present writ petition.

3. Learned Assistalt Government pleac.r r for Stamps and Registration submits that the peli ,ioners have approached this Court seeking registratior of the said document without presenting it before tir : Registering Authority. If the petitioners present the do,: -lment before the Registering authority, the respondents r,, 11 receive the sarne and follow the procedure. If ttr )re are any objections, appropriate orders shall br: passed as contemplated under Section 71 of the Regl stration Act, 19O8 (for short, the Act, i908J. Therc cre, learned Assistant Government Pleader has request: I this Court to pass appropriate orders. -,...? 3 SK,J W.P.No.37215 of 2025

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to registei 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 lhe document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hdreinafter 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 {S disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying wit1. 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 I I i - -14 4 SK,J W.P.li .37215 of 2O2S decision and communicate the said dt:, :ision to the petitioners. It is made clear that this C )urt has not expressed any opinion on merits of the () rse as to the entitiement of the petitioners to get the sutrj 3ct document registered. There sha_lI be no order as to cos ,s. 6 Miscellaneous Petitions, if any, pencltr g in this writ petition shali stand closed. SD/. S,ll ALLIKARJUNA RAO ASS STANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To, Telangana, Secre'tariat, Hyderabad. '1. The Principle Secretary, Stamps and Registratiolfbeprr tment, The State of 2. The District Registrar, Registration and Stamps, Rangrr leddy District. 3. The Sub-Registrar, Stamps and Registration, Shamsh;rl ad at Ranga Reddy 4. One CC to SRI B. MADHU SUDHAN RAO, Advocate [: PUC] 5. Two CCs to GP FOR STAMPS & REGISTRATION, Higl Court for the State District \' of Telangana. [OUT] 6, Two CD Copies BN TKS 4L HIGH COURT DATED:0511212025 ORDER WP.No.37215 of 2025 --:.i i rt :,,.\ -! 12 L-i ?W -).,/, _2 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \1,/ w

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