The High Court · 2025

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 order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, declaring the action of respondent No. 2 in refusing to receive, process, register and release the sale deed presented by the petitioners in respect of the plot of land admeasuring 1729 Sq. yds. of open plot No. 1 out of land admeasuring 14520 Sq. Yds in Sy. No. 673, situated at Dever Yamjal Village, under Thumkunta Municipality, Shamirpet Mandal, Medchal Malkajgiri District, is nothing but arbitrary, illegal, null and void, without jurisdiction, contrary to the provisions of Registration Act, 1908 and in violation of Articles 14, 19 and 21 of Constitution of lndia. Consequently direct the respondent No.2 herein to forthwith receive, process, register and release the sale deed presented by the petitioners in respect of the plot of land admeasuring 1729 Sq. yds. of open plot No. 1 out of land admeasuring 14520 Sq. Yds in Sy. No. 673, situated at Dever Yamjal Village, under Thumkunta Municipality, Shamirpet Mandal, Medchal Malkajgiri District. i 10F 20 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. 2 to forthwith receive, process, register and release the sale deed presented by the petitioners of the plot of land admeasuring 1 729 Sq. yds. of open plot No. 1 out of land admeasuring 14520 Sq. Yds in Sy. No. 673, situated at Dever Yamjal Village, under Thumkunta Municipality, Shamirpet Mandal, Medchal Malkajgiri District. Counsel for the Petitioner: SRI K. VENUMADHAV Counsel for the Respondents: SMT. S. SRAVANTHI, ASST. GP FOR STAMPS & REGISTRATION The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.37777 of 2025 Date: LO.12.2O25 Between: Challa Jayasimha Reddy & another AND "..Petitioners The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & another" ...Respondents ORDER Heard Sri K.Venumadhav, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for official 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.2 in refusing to receive, process, register and release the sale deed presented by the petitioners in respect of the iand admeasuring 1729 Sq. yards of open plot No.l out of land admeasuring 14520 Sq. Yards in 2 - Sy'No.673, situated at Dever yamjal village, under Thumkunta Municipality, Shamirpet Mandar, Medchal Malkqigiri 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 there are any objections, appropriate orders shail be passed as contemplated under section Tr of the Registration Act, 19og (for short, 'the Act, 19og). Therefore, rearned Assistant Government Pleader requested this court to pass appropriate orders. 4. The Section 71 of the Act, 19Og, reads as follows: Reasons for refusar to register to be recorded.- (1) Euery sub-Registrar refusing to register a d.ocument, except on the ground that the propertg to which it relates is not situated utithin his sub-distict sha, make an ord.er of refusar and record.ed. his reasons for such order i. ir" i"ln No'2' and endorse the word.s "registration refused., on the document; and-, on apprication mad.e by ang person executing or craiming und.er the d-ocament, shau, uithout pagment and. unnecessary delag, giue him a copA of the reasons so recorded. (2) No registering officer shalr accept for registration a document so end.orsed- unress and until, under the prouisions 3 hereinafter contained, the document is directed to be registered.

5. In view of the aforesaid submissions, coupled with the provision under Section 7l 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 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 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 registered. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. SD/. A. SREENIVASA REDDY ISTANT REG //TRUE COPYII CTION OFFICER To, Malkajgiri Diitrrct.

1. The Principq] Secretpry,_Stamps a.r1d Registration De I u ., Jpt:pgn:, Secretariaf buiroinli, Hvo"ir"oijlr'v' z. tne uub t-{eoistrar, Shamirpet, Sharirirpet proper and 3. One CC to SRt K VENUMADHAV, Advocate tOpUCl 4. rwo ccs to Gp Fo_R srnuFs a RtciiiFiqtiorrr]'n _ 9f Telangana. [OUT] 5. Two CD Copie-s BNRsw I partment, The State of Mandal, [Medchal ligh Court for the State HIGH COURT DATED:10 11212025 ORDER WP.No.37777 of 2025 t 1HE STA o o 2 [ [[t, ?r?i * ,.|\ rs,':1r; (' J:, ."\ *i: DISPOSING OF THE WRIT PETITION WITHOUT COSTS ."td5 Vt- -<(tN