High Court · 2025
Case Details
Acts & Sections
Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of wRrr oF MANDAMUS decraring the action of the Respondent No.4 herein in keeping the sare Deed pending vide pending Document p-No.36/2025 dated 0910712025 presented by the petitioner as iregar, arbitrary, and opposed to the Articles 14, 21 and 300-4 of the constitution of rndia as weil as to the provisions of the Registration Act' 1g0B and consequenry direct the Respondent No.4 herein to register the sale Deed presented by the petitioner and release the same to the Petitioner herein IA NO: 10F 2025 Petition under Section 15'l CPC praying that in the c rcumstances stated in the affidavit fired in support of the petition, the High cour may be preased to Direct the Respondent No.4 herein to consider the Sale Dr:r f, p1g5sn1gd by the Petitioner herein which is kept pending vide pending Docr nent p.No.36/2025 dated 0g/0712025 at an earry date pending disposar of the aLr ve writ petition Counsel for the petitioner: SRI SRINIVAS POLAVARAPU Counsel for the Respondents: SMT S.SRAVANTHI. AGP FOR STAMPS Ir REEIST'IIATION The Court made the following: ORDER I i I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETIT ION No.37584 of 2O2S Date: o8,12.2C.25 Between: Anantha Sekhar Reddy Arumalla AND The State of Telarrgana, Rep. by its principal Secretary, Revenue (Registration) Departmen t, Secretariat, Hyderabad and three others. ORDER: ...Petitioner ...Respondents Heard Sri Srinivas polavarapu, learned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government Pieader for Stamps and Registration appearing for the respondents arld 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.4 respondents in not registering the pending Sale Deed dated 09.07.2025 bearing document No.p36/2025 in respect of House bearing No.2-96/22 on Plot No.22 admeasuring 2g9 Sq. yards (or equivalent ot r - 2 241 .60 Sq. IVleters) in "Shiva Sai Enclave" in 51 .No3BO old Neu. Survey No. To1la Karkhala, situated at O1d Alval Viliage, Now Macha Bolarum Village, under GHMC Corporari rn, Alwal Circle, Malkajgiri Mandal, Ranga Reddy District, the p:.itioner filed the present Writ Petition.
3. Learned Assistant Government Pleader f rr Stamps and Registration submits that the Registering auth,r -ity will register and release the pending document bearing No l 36/2025 dated 09 07 2025 and follor.v the procedure. If neccs; iry and if there are any objections, appropriate orders shal be passed AS contemplated under Section 71 of the Registrati I I Act, 1908 (for short, 'the Act, 1908'). Therefore, learned Assisri nt Government Pleader requested this Court to pass appropriat_r :rders.
4. The Secrion 71 of the Act, 1908, reads as 1'r lou-s: Reasons for refusal to register to be recorded. - (1) Euery Sub-Registrar refusing to register a ('ocument, except on the ground that the propertg to u.thic.t it reLates is not situated within his sub-district shatt make an order of refusal and recorded his reasons for s tch order in his Book. No.2, and endorse the u.tords "re Tistration refused" on the document; and, on applicatiott made bg anA person exeanting or claiming under the t ocument, shall, utithout pagment and unnecessary dela 1 giue him a copg o.f the reasons so recorded. (2) No registeing officer shall accept for req': tration a doanmeri so endorsed unless and until. t -tder the G --- 3 prouisions hereinafter contained, the document is directed to be registered.
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 register and release the pending document bearing No.P36/2025 dated O9.O7.2O25 within four (04) weeks from the date of receipt of copy of this order, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indial Stamp Act, L899. 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 ald communicate the same to the petitioner thereon. It is made clear that this Court has not expressed aly 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 stald closed. //TRUE COPY// SD/.M.OSMAN ALI BAIG ASSISTAN'EEGISTRAR e SECTION OFFICER To,
1. The Principal Secretary, Revenue (Registration) Department, Secretariat, Hyderabad, State of Telangana.
2. The District Collector, Medchal-Malkajgiri District lntegrated District Office Complexes, Anthaipally (V), Shamirpet Mandal, Medchal-lVlalkajgiri District 78.
3. The Tahsildar, Alwal IVIandal, Alwal, Medchal-Malkajgiri District. 4. The Sub-Registrar, Registration Department, Vallabhnagar, Secunderabad, T.S. I ----7
5. One CC to SRt SR|N|VAS POLAVARAPU, Advocate [OF UC] 6. Two CCs to GP FOR STA|VPS q REGISTRATTON, Hi; I Court for the State of Telangana at Hyderabad [OUT]
7. Two CD Copies BSR HIGH COURT DATED: 0811212025 / I ro ELI /, I (+ ! +
1. O.1 .Co u- /\) c\(z-\) b \ H * ORDER WP.No.37584 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t t 1C f2