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 a writ or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondent No. 3 in refusing to receive, register and release sale deed in respect of the Plot No..379 in Sy'Nos' 180, 182, 183 and 184 admeasuring 300 Sq.Yds or 250.8 Sq.Mtrs, situated at Keesara Oayaru Village, Keesara Grampanchyath, Keesara Mandal, Medchal- Malkajgiri District, without any reason as illegal, arbitrary, unconstitutional and 'provisions of Registration Act 1908 and also contrary to the contrary to the orders passed by this Hon'ble court and consequently direct the respondent No. 2 and 3 to receive, register and release the sale deed presented by the petitioner in respect of the above said property by following due procedure. lA NO: 't OF 2025 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 respondents to receive, register and release the sale deed presented before the 3rd respondent in respect ofthe Plot No. 379 in Sy.Nos. iB0, 182, i83 and'184 admeasuring 300 Sq.Yds or250.8 Sq.Mtrs, situated at Keesara Dayara Village, Keesara Grampanchyath, Keesara Mandal, Medchal-Malkajgiri District, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI S.M.SAIFULLAH Counsel for the Respondents: SMT. S.SRAVANTHI, 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 SRI JUSTICE K.SARATH WRIT PETITION No.3835O oF 2025 Date: L5.L2.2O25 Between: Chiluveru Divakar Reddy and another .Petitioners AND The state of relangana, Rep. by its principal secretar5r, Stamps and Registration Department, Secretariat, Hyderabad & two others ...Respondents ORDER: Heard learned Counsel for the petitioners and smt. S.sravanthi, learned 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 sale Deedof the petitioners in respect of the plot No.379 in 2 SK,J W.P.No.3835O of 2O25 Sy.Nos.180, 182, 183 and 184 admeasuring 3OO Square Yards or 250.8 Square Meters, situated at Keesara Dayara Village, Keesara Grampanchayat, Keesara Mandal, Medchal-Malkajgiri District, without any reason, the petitioners filed the present writ petition. Learned Assistant Government Pleader for stamps

3. 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 before the Registering authority, the respondents will receive the suune 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, 1908). Therefore, learned Assistant Government Pleader has requested this Court to pass appropriate orders.

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- I I 3 SK,J W.P.No.3835O of 2O25 (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, without payment and unnecessary delay, give him a copy of the reasons so recorded. (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.

5. In view of the above made submissions coupled with the provision under Section 7l 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 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 qbjection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not 4 sK,J W.P.No.3835O of 2o25 expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered.. There shall be no order as to costs'

6. . Miscellaneous Petitions, if any, pending in this writ petition shall stand closed' ,C, -_ SD/.P. PONNA KRISHNA -/' ASSISTANT REGISTRAR6 //TRUE COPY// SECTION OFFICER The Principle Secretary, Stamps and Registration Department, Secretariat, Hyderabad, State of Telangana. The District Registrar, Registration and Stamps, Medchal-Malkajgiri District. The Sub -Registrar, Stamps and Registration, Keesara, Medchal-Malkajgiri District. One CC to SRI S.M.SAIFULLAH, Advocate [OPUC] Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 1

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6. PSK. BS HIGH COURT DATED i1511212025 ORDER WP.No.38350 of 2025 .- !-; - -'1'-.-- ir'l\.'. \.r. "l'-r ,].:.rir. ., '.1 , BEC P5 'r i ) i' 20 * Dr:'.Si, 3,-,i'.._.... \,:(:" Ir DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,\ ..f \ \ t;