✦ High Court of India · 04 Dec 2025

1. SMT. POTTI BALAMANI v. The State of Telangana

Case Details High Court of India · 04 Dec 2025
Court
High Court of India
Decided
04 Dec 2025
Bench
Not available
Length
1,044 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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the refusal of the Respondent Nos. 3 to entertain and register the Deed of Cancellation of Agreement of Sale-cum- General Power of Attorney with Possession executed jointly b the Petitioners for cancellation of the registered document dated 20t0112016, vide Doiument No. 2282 12016, registered in the office of the Respondent No.3 Joint Sub-Registrar, lbrahimpatnam, Ranga Reddy District, as illegal, arbitrary, and contrary to the provisions of the Registration Act, 1908, Violation of Article 3004 and consequently to direct the Respondent No.3 to receive, register, and record the a , said Deed of Cancellation of Agreement of Sale-cum-General Power of Attorney in the registration records. lA NO: 1 OF 2025 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 Respondent No.3 - Joint Sub-Registrar, lbrahimpatnam, Ranga Reddy District, to receive and register the Deed of Cancellation of Agreement of Sale- cum-General Power of Attorney with Possession, executed jointly by the Petitioners, in respect of the registered document dated 2OtO112016, vide Document No.228212016, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI KARUKONDA ARAVIND RAO Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER t |.) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITTON 0.37191 of 2O2S Date: O4.L2.2O25 Between: Smt. Potti Balamani and another AND The State of Telangana, Rep. by its Principal Secretar5l, Stamps and Registration, Secretariat, Hyderabad and two others. .Petitioner ...Respondents ORDER: Heard Sri Karukonda Aravind Rao, learned counsel for the petitioners, 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. t

2. Aggrieved by the action of respondent No.3 in refusing to entertain and register the Deed of Cancellation of Agreement of Sale- cum-General Power of Attorney with Possession executed jointly by the petitioners for cancellation of the registered document dated

20.O1.2016 uide Document No.2282/2016, registered in the office of -5 2 respondent No.3-Joint Sub-Registrar, Ibrahimpatnam, Ranga Reddy District, the petitioners filed the present Writ petition.

3. Learned Assistant Government pleader for Stamps and Registration submits that the petitioners have approached this court seeking registration of the said document without presenting it before the Registering Authority. If the petitioners present the document to the Registering authority, the respondents will receive the same and follow the procedure. If necessary, and if there are any objections, appropriate orders shalt be passed as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, lgOS). Therefore, learned Assistant Government pleader 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) Euery Sub-Registrar refusing to register a d.ocument, except on the ground. that tLe propertA to uhich it relates i^s not situated. within his sub-distict shall make an order of refusal and. record.ed. his reasons for such order in his Book No.2, and. end.orse the u-tords ^registration refused" on the doatment; and., on apptication made by anA person execttttng or claiming under the d_oanment, shall, without pagment and unnecessary delay, giue him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a d ocament so endorsed unless and until, under tle prouisions hereinafier contained, tlte doanment is directed to be registered. a ./ 3

5. In view of the aforesaid 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 in respect of the subject property, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Starnp 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 same to the petitioners thereon. It is made clear that this Court has not expressed any opinion on the merits of the case or the entitlement of the petitioners to get the subject document .o registered. There shail be no order as to costs. 1!l' Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// To, 1 . The Principal Secretary, Revenue Stamps and '' slilrdt"iiiiiHvderabad,State of relansana' SD/.P. PONNA KR ASSISTANT A TRAR CTION OFFICER a Registration Department' StamPs and Registration' 'il1%,?i#,fi'"",liJf '*fr :?"''i.",of :Eln,o"?T[3]; 3. The Joint Sub-Registrar, lbrahimpatnam' Ranga

501506. Reddy District. Telangana -

4. One CC to SRI KARUKONDA ARAVIND RAO' Advocate IOPUCI 5. Two CCs to GP FOR STAMPS-& REGISTRATION' High Court for the State " oii"f"ns""a at Hyderabad [oUT] 6. Two CD CoPies BSR .41 -u t a HIGH COURT DATED: 0411212025 ORDER 't rtE S Ie ( ) O 9 JAN 2O2E /- WP.No.37191 of 2025 t DISPOSING OF THE WRIT PETITION, WITHOUT GOSTS 0\ \v -,..,. : 1 ;;,5;1;rl;*:;:i,,. .J .,:..:..1.:'.,;. .," '.-..i ;.":1.. ;.V. .,-....;,-.1 --.ii !.- :.'j]s,.nr.-.i::. it, :.. ;-. .

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