✦ High Court of India · 10 Dec 2025

High Court · 2025

Case Details High Court of India · 10 Dec 2025
Court
High Court of India
Decided
10 Dec 2025
Bench
Not available
Length
1,180 words

Sri l\rlendu Venkata Rama Prasad, S/o Sri f\rl.Rama Sastrulu, Aged about 62 years, Occ. Busrness, FYo MIG-'14, Phase-lV, Vanasthalipuram, Hyderabad. AND I The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad. The Commissioner and lnspector General of Registration and Stamps, Telangana State at Hyderabad. 2 a The Sub-Registrar Uppal, lvledchal-Malkajgiri Drstrict. ...PETITIONER ...RESPONDENTS Petition under Article 226 of tf'e Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Directron, more particularly, one in the nature of Writ of ft/andamus, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the Petttioner in respect of the FIat Njc 3C3, in Third Floor bearing Municipal No.2-3-6r 3i SAVIV/303 (PTIN - 1030210881) of SRI ADITYA VAISHNAVI IVANSION with Piinth area of 1020 Sft., (including common areas) and one car parking, together with an undivided share of land admeasuring 27.5 Sq.Yds., or 22.99 Sq.lv1trs., out of total land admeasuring 550 Sq.Yds., or 459.8 Sq.Mtrs., bearing Premises Nos.2-4-70136/60/81 and 2-4-701361601 82, on Plot Nos.20 and 21 Par1, Situated at Sainagar Colony, Nagole, under G.H.l\/.C., Hayathnagar Circle, Uppal l\zlandal, lrledchal It4alkajgiri District, as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act and 1908 and in violation of Article 14 of Constitution of lndia and consequently to dir: ;t the 3rd respondent to receive, register and release the sale deed present€ r by the Petitioner in respect of above said property. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in thr, :ircumstances stated in the affidavit filed in support of the petition, the High Cc r rt may be pleased to direct the 3rd respondent to direct the 3rd respondent tr r-eceive, register and release the sale deed presented by the Petitioner in resp,):t of the Flat No.303, in Third Floor bearing Municipal No.2-3-6'1 3/SAVN//303 (r tlN -'i0302'10881) of SRI ADITYA VAISHNAVI IVANSION wrth Ptinth area 01 1O2O Sft, (inctuding common areas) and one car parking, together with an un, ivided share of land admeasuring 27.5 Sq.Yds., or 22.99 Sq.t\,4trs., out of total i nd admeasuring 550 Sq Yds., or 459.8 Sq Mtrs., bearing Premises Nos j-4-70136/60/81 and 2-4-701361601 82, on Plot Nos.20 and 21 Pat1, Situatec at Sainagar Colony, Nagole, under G.H.tV.C., Hayathnagar Circle. Uppal l\ilanoe IVedchal IValkajgiri District during the pendency of the above writ petition. Counsel for the Petitioner: SRI METTU PRAVEEN KUMAR Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGIIJ TRATION 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.37 888 of2025 Date: lO.t2.2O2S Between: Sri Mendu Venkata Rama prasad. AND .., Petitioner The State of Telangana, Rep. by its principal Secrerary, Revenue (Stamps and Registration) Departmeni, Secrerariat, Hyderabad and two others. ,..Respondents ORDER: Heard Sri Mettu praveen Kumar, iearned counsel for the petltloner, Smt S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing lor the oflicial 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.3 in not receiving registering and releasing the Sale Deed presented b1, the petitioner in respect of the Flat No.303, in Third Floor bearing Municipal No.2-3-6 13/SAVM/303 (FrilN-10302 10881) of Sri Adit-ya Vaishnavi Mansion \\,ith plinrh area of 1020 Sq. Feet, (including .) - common areas and one car parking) together r,, th an undivided share of iand admeasuring 27.5 Sq. yards (or 2..99 Sq.Mtrs) out of total land admeasuring 550 Sq. yards (o- 459.g Sq.Mtrs) bearing Premrses Nos.2-4-7O 136 l60 lB I and 2 : 70 136 l60 I 82, on PIot Nos.2O and 21 Part, Situated at Sainagr r Colon_v. Nagole, under G.H.M.C., Hayathnagar Circle, Uppal v andal, Medchal Mall<a.1giri District, the petitioner filed the presen r ,//rit petition.

3. Learned Assistant Government pleader I rr Stamps and Registration sr-rbmits that the petitioner has r ltproached this Court seeking registration of the said do: tment ,"t,ithout presenting it bcfore the Registering Authoritl.. I the pctitioner presents the document to the Registering authority, the respondents u'ill receive the same and follow ti r procedurre. Ii there are anv objections, appropriate orders sh I I be passed as contemplated ur-rder Section 7l of the Registratio r Act, l90g (for short, 'the AcL, 1908'). Therefore, learned Assist i nt Government Pleader requcstcd this Court to pass appropriate r; ders.

4. The Sectior.r 71 of the Act, 1908, reads as fol r s,s: Reasons for refusal to register to be recorded._ (1) Euery Sub Registrar refusing to register t doatment, except on the ground that the properta to tuhic,t it relates is rtot situated utithin his sub-distict shall matt en order of refusal atrcl recorded hls reasons for such ord.r:, in his Boolc No.2, ancl ertdorse the u-tords *registratiort ref,r;ed," on the document: and. on apptication made bg anA per:;t n e,recutitg 3 or cLctirning under the docurnent, shall, uithout pogrnent and. unnecessary delay, giue hln a copg of the reasons so recorded. (2) No registeing officer shall accept for registration a document so endorsed unless and until, under the prouisions hereinafter contained, the document is d.irected to be registered.

5. In view of the aforesaid submissions, coupled with the provision under Section 7I 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 petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, I g99. It r.vill be open to the Registering Authority to refuse the documenr presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the same to thc petitioner thereon. It is made clear that this Court has not expressed any 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 stand closed. ,TRUE COPY// SD/.P. PONNA KRISHNA ASSISTAN2EGISTRAR SECttdN oFFICER To,

1. The Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad, State of Telangana.

2. The Commissioner ar T"tr"s;;;'di;;:i dl'"'rrl:tfector General or R€( 3. The Sub-Registrar Uppat, A,4edchal_tValkajgiri Drstricr 4. One CC ro SRI METTU PRAVEEN KUMAR, Advocatr, OpUCI ' Iu?" :Pi"l:,,::,5 :ir;.Ty:i il,o,

6. Two CD Copies o=o,rrRA. : \ Hish courr ror rhe istration and stamps BSR \u4\ HIGH COURT DATED: 1011212025 l ORDER WP.No.37888 of 2025 B ri-L .flm DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I \ \

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