Mr. Nidumolu Krishna Chand v. 1. The State of Telangana

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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of the 3rd respondent in refusing to receive, register and release the Sale Deed in respect of residential Unit No.204, consisting 9OO Sft of super built-up arda (lnclusive of common areas), in Second floor of the residential building Dharani Residency, on Plots No.45 & 45-A, with an undivided share of 20 Sq.yds or 16.72 Sq.mtrs out of its land area of 411 Sq.yds or 343.59 Sq.mtrs under Sy.No.SB2, situated at East Anandbagh, Malkajgiri Village, within the limits of Greater Hyderabad Municipal Corporation, presentty covered in Block No.25, Malkajgiri Circle, under GHMC, Malkajgiri, Medchal Malkajgir:i District as iltegal, arbitrary, again.st the provisions of Registration Act and against the settled principtes of law and consequently direct the 3rd -!i"'; '- respondent to forthwith to receive, register and release the Sale Deed in respect of residential Unit No.204, consisting 900 Sft of super built-up area (lnclusive of common areas), in Second floor of the residential building Dharani Residency, on Plots No.45 and 45-A, with an undivided share of 20 Sq.yds or16.72Sq.mtrs out of its land area of 411 Sq.yds or 343.59 Sq.mtrs under Sy.No.582, situated at East Anandbagh, Malkajgiri Village, within the limits of Greater Hyderabad Municipal Corporation, presently covered in Block No.25, Malkajgiri Circle, under GHMC, Malkajgiri, fi/edchal Malkajgiri District. lA NO: 1 OF 2025 Petition underSection 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 3rd respondent to forthwith to receive, register and release the Sale Deed in respect of residential Unit No.204, consisting 900 Sft of super built-up area (lnclusive of common areas), in Second floor of the residential building Dharani Residency, on Plots No.45 and 45-A, with an undivided share of 20 Sq.yds or 16.72 Sq.mtrs out of its land area of 411 Sq.yds or 343.5g Sq.mtrs under Sy.No.5B2, situated at East Anandbagh, Malkajgiri Village, within the limits of Greater Hyderabad Municipal Corporation, presently covered in Block No.25, t\4alkajgiri Circle, under GHMC, Malkajgiri, Medchal Malkajgiri District, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI AKKAM ESHWAR Counselfor the Respondents: SMT. S. SRAVANTHT, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRT JUSTICE K.SARATH a o Date: 15..L2.2O25, Between: Nidumolu Krishna Chand .Petitioner AND The State of Telangana, R.p. by its Secretary, Revenue (stamps and Registration) Department, Secretariat Buildings, Hyderabad & two others .RDER: "'Respondents Heard learned counsel for the petitioner and smt. S.sravanthi, rearned 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. ")

2. Aggrieved by the action of the respondent No.3 in refusing to receive, register and release the SaIe Deed in respect of residentiar unit No.2o4, consisting 900 square ;,tiiill. 2 SK,J W.P.No.38348 of 2025 Feet of super built-up area (Inclusive of common areas), in Second floor of the residential building Dharani Residency, on Plots No.45 and 45-A, with an undivided share of 20 Square Yards or 16.72 Square Meters, out of its land area of 41 1 Square Yards or 343.59 Square Meters under Sy.No.582, situated at East Anandbagh, Malkajgiri Village, within the limits of Greater Hyderabad Municipal Corporation, presently covered in Block No.25, Malkajgiri Circle, under GHMC, Malkajgiri, Medchal- Malkajgiri District, the petitioner filed the present writ petition Learned Assistant Government Pleader for Stamps

3. and Registration submits that the petitioner has approached this Court seeking registration of the said document without presenting it before the Registering Authority. If the petitioner presents the document before the Registering authority, the respondents will receive the sarne and follow the procedure. If there are any objections, appropriate orders shall be passed AS contemplated under Section 7 | of the Registration Act, 3 sK,J W.P.No.S834a of 2O2S 1908 (for short, the Act, 1908). Therefore, learned Assistant Government Pleader has requested this Court to pass appropriate orders.

4. The SectionT l of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, #ithout payment and unnecessary delay, give him a copy of the reasons so recorded. I I (21 No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. I I

5. In view of the above made submissions coupled with the provision under Section 7t of the Act, 1908, this writ petition 1S disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the ., \ \ 4 sKrJ W.P.No.38348 of 2026 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 said decision to the petitioner. tt is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject docurrient registered. There shall be no order as to costs'

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. RE To ,,TRUE COPY/ SECTION OFFICER State of Secretary Telangana, Dr ' rH'illl""l ii? B H :,3x :

1. The 2. The District Registrar, Medchal Malkajigiri District' 3. The Sub-Registrar , Malkajigiri, Medchal Malkaiigiri District. 4. One CC to SRI AKKAM ESHWAR, Advocate [OPUC] Registration, High 5. Two CCs to GP for Stamps and Telangana at HYd eiabad. TOUTI Court for the State of

6. Two CD CoPies MP BS \qr I \ HIGH COURT DATED i1511212025 : t{E ril"q I;_. ;t RDER WP.No.38348 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^.k i?.: :id. .