The High Court · 2025
Case Details
registering and rereasing of the sare deeds/deed of conveyance presented by the petitioners herein in respect of the semi-Finished Frat Nos. 101,102, (in First Floor),201 ,2O2,(in Second Ftoor),301.302 (in Third Ftoor),401,402, (in Fourth Floor), 501, 502, (in Fifth Ftoor), on OpEN LAND in plot No.134, tand admeasuring 500.0 sq-yards or equivarent to 4.t g.0 sq.Mtrs., in survey No.128/6, Covered under Block No.49, Situated at padmanagar Colony _ I of Quthbu'apur vi'age and Mandar, Under GHMC circre, M6dchar Markajgiri District, Terangana state., where the petitioners property is situated is notified under as Prohibited Property list under section 22-A ol Registration Act, on ground that the Lr No. E MoLtD1r1532r2017-1 Dated 24.07.2024, as per the Gazette Notification RR No. g3 communicated by Joint corector, Rangareddy vide Fire No. E'/473O/Quthburapur dated 25.09.2013 and Deputy corector and Tahsirdar, Quthburapur Mandar vide fire No. 8/583/201 2 dated 17.02.2012 and Gazette Notification No.134 dated 10.03.2005 and G.O.Ms.No.292 and 296 Revenue (Registration r), gth March, 2005 communicated by commissioner and rnspector Generar (R and s), Hyderabad vide Fire No.G1/4661/2005 dated 02 '07 '2005, as ilregar, arbitrary and in vioration of the fundamentar rights guaranteed under the constitution of rndia more particurarry Articres .r4,21 300-4 and arso in vioration of Registration Act, 1g0B, besides being in vioration of principles of natural justice and consequen,y direct the Respondent No.3 to receive' register and rerease the sare deeds/deed of conveyance presented by the petitioners herein in respect of the semi-Finished Flat Nos. .r01,102, (in First Floor),201 ,2O2, (in Second Ftoor), 301 , 302 (in Third Floor), 401, 402, (in _ Fourth Froor), s01,502, (in Fifth Froor), on opEN LAND in prot No.134, rand admeasuring S00.0 Sq.yards or equivalent to 41g.0 Sq.Mtrs., in Survey No.12Bl6, Covered under Block No.49, Situated at padmanagar Colony _ I of Quthbu'apur Vi'age and Mandar, Under GHMC circre, Medchar Markajgiri District, Telangana State. lA NO: I OF 202s petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No.3 to receive, register and rerease the sare deeds/deed of conveyance presented by the petitioners in respect of the Semi-Finished Frat : -t:-; -Nos. 101,102, (in First Froor), 201,202, (in second Froor), 301,302 (in Third Froor), 401, 402, (in - Fourth Ftoor), 501, 502, (in Fifth Froor), on opEN LAND in prot No"r34, rand admeasuring 500.0 Sq.yards or equivarent to 41g.0 sq'[/trs', in Survey No.12g16, covered under Brock No.4g, Situated at Padmanagar colony - I of Quthbullapur Village and Mandal, Under GHMc circle, - t\ledchal Malkajgiri District, Tetangana state., without.reference to the prohibited property: list under Section 22_A of Registration Act, the Lr No. E!'MDL/D1 t153212017-1' Dated ' 24'07.2024, asper the vide Gazette Notification RR No'83 communicated by Joint coltector, Ranga Reddy vide File No.E5/4730/ Quthbu'apur dated 2,5.og.2013 and Deputy corector and Tahsirdar, Quthbullapur Mandal vide file No. 8t58312012 dated 17.02.2012 and Gazette Notification' No'134 dated 10.03.2005 and G.o.Ms.N o.292and 296 Revenue (Registration r), 9111 [varch, 2oos communicated by aor,rlr.,on". and lnspector Generar (R and s), Hvderabad vide rire- rvo.o;;^:;:;;;05 dated 02.07.2005, pending disposal of the Writ petition. Gounsel for the petitioners:SRl. RAVIKIRAN STNGH counset for the Respondents No 1 To 5: sMT_s. The Court made the following: ORDER AGP FOR STAMPS ENTd NCEISTRATION 'RAVANTHI, IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.38437 of 2o25, THE 16TH DAY OF DECEMBER 2025 Between: M/ s. Gautam Constructions Rep. by its Managing Partner Mr. Lokavarapu Venlcata R.amana & two others ...Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Dr. B.R Ambedkar Telangana State Secretariat Road, Central Secretariat, Hyderabad & four others. ...Respondents ORDER: Heard Sri B.Ravi Kiran Singh, lea.rned counsel for the petitioners and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and. Registration appearing for the respondent Nos.1 to 5. With their consent, this writ petition is disposed of at the stage of admission itself,
2. Aggrievcct by r.l-rc action of Lhe respondent No.3 in not \ receiving, registering and releasing of the sale dcecls/deed of - -. ----/ 2 conveyance presented by the petitioners in respect of the Semi- Finished Flat Nos.tOl and 102 (in First Floor),201 and 2O2 (in Second Floor), 301 and 302 (in Third Floor), 401 and 402 (in Fourth Floor), 501 and 502 (in Fifth Floor), on Open Land in Plot No.134, land admeasuring 500.0 Sq. Yards (or equivalent to
418.0 Sq.Mtrs.,) in Survey No.128/6, Covered under Block No.49, situated at Padmanagar Colony-t of Quthbullapur Village and Mandal, Under GHMC Circle, Medchal-Malkajgiri District, Telangana State, on the ground that the said property is notified as prohibited property under Section 22-A of Registration Act, 1908, by virtue of l,etter No.Bl/MDlr|Dl/1532/2017-l Dated
24.07.2024, Cazette Notification RR No.83 communicated by Joint Collector, Ranga Reddy District uide File No.E5/4730 / Quthbullapur dated 25.O9.2O13 and by the Deputy Collector and Tahsildar, Quthbullapur Mandal uide fiIe No.B/ 583 12012 dated 17 .O2.2O12 and Gazette Notification No.134 dated 10.03.2005 and G.O.Ms.No.292 and 296, Revenue (Registration-l), dated 09.03.2008, communicated by Commissioner and Inspector General (R and S), Hyderabad uide File No.Gl/4661/2OOS dated O2.O7.2005, the petitioners have filed the present writ petition f / i 3
3. Learned Assistant Government Pleader for Stamps and Registration submits that the petitioners have approached this Court seeking registration of the saiC document without presenting it before the Registering Authority. If the petitioners present the document to the Registering authority, the respondent authorities will receive the same and follow the procedure. [f there are €Lny objections, appropriate orders shall be passed as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908J. In vier,r, of the sarrre, learned Assistant Government Pleader requested this Court to pass appropriate orders.
4. The Section 71 of the Act, 1908, reads as follows \ Reasons for re.fusal to regtster to be recorded.- (1) Euery 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 uords "registration refused" on the ,iocument; and, on application made by any person executing or claiming under the document, shall, wtthout payment a.nd unnecessary delay, giue him a copA of the reasons so recorded", (2) No registering officer shall accept for registration a document so endorsed unless and until, under the prouisions hereinafier contained, the document is directed to be regtstered. / 4
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 documents that may be presented by the petitioners in respect of the subject properW, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian stamp Act, I Bgg. It will be open to the Registering Authority to refusr: the documents presented before him, if he has any objection, 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 expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject documents registered. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed //TRUE COPYII SD/.P. PONNA- ISTRAR SECTION OFFICER To, \ '. 1. The Principal Secretary, Dr. B.R. Ambedkar Telangana State Secretariat state of rerangana,, Department-of nevenue t*.qoq and Registration), Telangana Secretariat Road, centrar secretiiii, xAairtiGo, fiiJJ,.irlao _ 500004. ? / I f
2. The District Registrar, Medchal-Malkajgiri- District. Telangana 501401. 3. The Sub Registrar, Quthbullapur, Medchal-lt/alkajgiri District Telangana. 4. The District Collector, Medchal-ttlalkajgiri District 5. The Tahasildar, Quthbullapur Mandal Medchal-Malkajgiri District. 6. One CC to SRl. RAVIKIRAN SINGH, Advocate [OPUC] 7 . Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana at Hyderabad . IOUTI
8. Two CD CoPies \ DAN GJP Vy HIGH COURT u ATED i1611212025 \ ORDER WP.No.38437 ot 2025 ii"tE ;l,- t) 2X0ECffi * + -f !' I t DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ "odta Xrso