Sri Rudraksha Srinivasulu v. The State of Telangana

PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated rn the affidavit filed therewith' the High Court may be pleased to issue a Writ, Order or Dlrection' more particularly' one in the nature of Writ of Mandamus, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the Petitioner in respect of the Flal No. 204 (Builder Share) in Second Floor of MRR BUILDERS bearing lvlunicipal No.2-3-5341204, PTI No .103021 1096' admeasuring 1375 Sft ' (includingCommonareasandCarParkingandAmenities)withundividedshare of land admeasuring 34 Sq Yds' or 28 42 Sq'Mtrs' out of total extent of land admeasuring 677 Sq.Yds, or 565 97 Sq tvltrs ' being constructed on House No.2-3-534, Part of Plot No 10 Southern Part' House No 2-3-553/1 on Plot No.10 Northern Part (Eastern Part) House No 2-3-55311 on Part of Plot No 10 Norlhern Part (Western Part) and House No'2-4-7Ot34lA Western Part on Plot Nos.1 1 and 12 Parls (towards Western Side) Situated at Ward No'2' Block No 3' Sai Nagar Colony, Nagole Village, Uppal l\rlandal, Under (,.H.tV.C. Hayathnagar Circle, tvledchal-Malkajgiri District, as illegal, arbitr;rr 7. unlawful, without jurisdiction and contrary to the provisions of the Registrat : I Act and 1908 and in violation of Article 14 of Constitution of lndia and conseqr 3ntly to direct the 3rd respondent to receive, register and release the sale d( 3d presented by the Petitioner in respect of above said property. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in thr: circumstances stated in the affidavit filed in support of the petition, the High Cor 11 ps, be pleased to direct the 3rd respondent to recerve, register and r(r :ase the sale deed presented by the Petitioner in respect of the Flat No. .t 4 (Builder Share) in Second Floor of "IVRR BUILDERS" bearing IVlunicipat Nr Z-3-5341204, pTl No. 1030211096, admeasuring 1375 Sft., (including common I eas and Car parking and Amenities) with undivided share of land admeasurin I 34 Sq.yds, or 2g.42 Sq.Mtrs, out of total extent of land admeasuring 677 S: yds.. or 565.97 Sq. A,4trs., being constructed on House No.2-3-534, Part oi t iot No. 10 Southern Part, House No.2-3-553/1 on Plot No.10 Northern Part ( _astern part) House No.2-3-553/1 on Part of Plot No.10 Northern Part (West,rn part) and House No.2-4-701341A Western Part on Plot Nos.11 and 12 pir ts (towards Western Side) Situated at Ward No.2, Block No.3, Sai Nagar C,r rny Nagole Village, Uppal Ir,4andal, Under G.H.tVl.C. Hayathnagar Circle, IVedr:l al-lr,4alkajgiri District, during the pendency of the above writ petitron. Counsel for the Petitioner: SRI METTU PRAVEEN KUMAR Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGIS TRATION The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE TION'BLE SRI JUSTICE K.SARATH WRIT PETITION No.37698 OF 2025 Date: 09.12.2025 Between: Sri Rudraksha Srinivasulu . ..Petitioner AND The State of Telangana, Rep. b-r' Revenue (Stamps and Registration) Hyderabad & two others its Principal Secretary, Department, Secretariat, ...Respondents ORDER: Heard learned Counsel lor the petitioner and Smt. S.Sravanthi, learned Assistant (iovernment Pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is clisposed of at the stage of admission itself.

2. Aggrieved by the action of the respondent No.3 in not receiving, registering ancl relcasing the Sale Deed presented by the Petitioner in respcct of the Flat No.2O4 SK,J W.P.Nc 37698 of 2025 (I3uilder Share) in Second Floor of ,,MRF BUILDERS" bearing Muriicipal No.2-3-53a/ 2O4, Vil Nr, I Oil02 I 1096, admeasuring 1375 Square feet (including c )mmon areas and Car Pzrrking and Amenities) with undir <1c<.1 share of Iand admeasuring 34 Square yards or . g.42 Squarc Meters, out ol total extent of land adrnr astrrin g 677 Square Yards or 565.97 Square Meters beil i constructed on House No.2-3-534, part of plot No.1O Sr rrthern pzrrt, House No.2-3-553/ 1 on plot No.1O Nr r thcrn part (Eastern Part) House No.2-3-553/ I on parl rl plot No. 1O Northern Pzrrt (Western part) and House No 1.4 7O134 lA Western Part on Plot Nos.1 1 and 12 p;r.Ls (tou,ards Western Side) Situated at Ward No.2, B1r r k No.3, Sai Nagar Colony, Nagole Village, Uppal M:r rdal, under G.H.M.C., Hayathnagar Circle, Medclrrl-l\4alkalgiri District, the petitioner filed the present writ p rtition.

3. Learned Assistant Government pleaclt r lor Stamps and Registration submits that the pe[ tioncr has approached tl-ris Court seeking registration of the saicl dot:ument u,ithout presenting it before tht. I?egistering 3 SK,J W.P.No.37698 of 2025 Authority. If the petitioner presents the document before the Registering authority, the respondents will receive the same and follow the procedure. If there are any objections, appropriate orders shall be passed AS contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908J. Therefore, learned Assistant Government Pleader has requested this Court to pass appropriate orders

4. The Section 71 olthe Act. 1908. reacls as follows: Reasons for refusal to rcgistcr to bc rccorded. (I) Every Sub-Registrar relusing to rcgistcr a document, except on the ground that the propert] ro u,hich it relates is not situated within his sub-district shzrll make an order of refusal and recordcd his reasons for such order in his Book No.2, and end<>rsc thc u'ords "rcgistration refused" on the document, altd, on applicatiorr ntade by any person executing or claiming unclcr thc documcnt, shall, without payment and unnecessan,delal,, give him a copy of Lhe reasons so recorded. (2) No registering officer shall accept for rcgistrarion a document so endorsed unless and until, undcr the provisions hereinafter contained, the documcnt is directed to be registered- .- 4 SK,J W.P.No.3? i9a of 2025 In vierv of the above made submissi) rs coul)led 5, with the provision under Section 71 of the Act 1908' this rvrit petition IS disposed of directing the Regrstcrtng Authority to receive, register and release t le subject' subject to the petitioner complying with the : rovisions of 1899. It the Act, 1908 as well as the Indian Stamp u,ili be open to the Registering Authority t: reluse the document pre sented before him, if he has a - r' objection' by duly assrgnlng reasons 1n support of s l:h declston and commurlicate the said decision to the pt I itioner' It is made clear that this Court has not expresse( rn)'opinion on merits o[ the case as to the entitle I Cnt of the petitioner to get the subject document regist rre<l' There 1 ^f shall be no order as to costs.

6. Misccllaneous Petitions, if any, pendir; in this t'rit petition shall stand closed //TRUE COPY// SD/T.PONNAKRISHNA ASSI iTANT-REGISTRAR ,,- \ -.' SECTION OFFICER To, The Prlncioal Secretary, RevenUe (Registration and StampS) i,epartment, Secretariat Auiioing Hyderabad, Slate of Telanoana ' of Registration I rd Slamps' Telangana The Commiss oner ano State at HVderabad. il""'"'S rBi{f i,:is i #?""i,i #,"ffi '{ H,,'diil} r ?" y, o,,, i o r r h e s r a re o, il: :"c;io GP ?on srnr',rFE & REGlsrRArloN H sr i"tlnqrn, al HYderabad [OUT] Two CD CoPies 'ntptio""EEn""r.al

2. 3 4 5 6 BSR HIGH COURT DATED: 0911212025 ORDER WP.No.37698 of 2025 '{- j .\'..i. \. ': l[1 [[C ir::,1 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS