✦ High Court of India · 18 Dec 2025

The High Court · 2025

Case Details High Court of India · 18 Dec 2025
Court
High Court of India
Decided
18 Dec 2025
Length
1,164 words

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly in the nature writ of mandamus declare the in actron of the Respondents 2nd not receiving the document presented by the petitioner for the residential house bearing H.No.29- 7514, on Plot No. 4 in survey No. 151/1 , to an extent of 128.00 sq.yards or 107.00 sq.mtrs, with a plinth area of .100.00 sq.ft of ACC roof situated at It/alkjaigiri, within the limits of GHI\/C under l\/alkajigiri circle and Mandal, Malkajigiri-Medchal thee then Ranga Reddy District is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 300 -A of constitutional of lndia and consequently direct the 2nd Respondent to entertain the registration of the saie Deed to receive, to processes. r register and rerease the document presented by the petitioner without rnsisting r o_objection certificate (NOC) from the 3.d Respondent. IAN :1OF 2025 o petition under section 151 cpc praying that in the ( ircumstances stated in the affidavit filed in suppo( of the petition, the High CoLrr psy be pleased to direct the Respondent No.2'd herein to consider documents f red by the petitioner herein pertaining to the residential house bearing H.No.29_,.r /4, on plot No. 4 in survey No 151r1' to an extent of 12g 00 sq.yards or 107.00 s r.mtrs, with a plinth area of 'r00 00 sq ft of ACC roof situated at IMarkjaigiri, withir he rimits of GHMC under Markajigiri circre and t\zrandar, Markajigiri-Medchar thec hen Ranga Reddy District in favour of the vendee. Counset for the petitioner: SRI DANTU VENKATA RAMANA I Counsel for the Respondents NoJ & 2: SMT. S. SRAVANTHT. AGP FOR STAMPS AND REG Counsel for the Respondent No.Q: SRI FARHAN AZAM KHAN The Court made the following: ORDER ; \RMA I iTRATION J.C. FOR TSWB i i / I ,l i I I i I i i ! I I t. I I'L:t ,5 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3898 6 of 2o25 THE I8TH DAY OF DECEMBER 2025 Between: V. Basavaiah AND ...Petitioner The State of Telangara, Rep. by its Principal Secrerarv (Stamps and Registrations), Secretariat, Hyderabad and Tr.r,o others ...Respondents ORDER: Heard Sri D.V.Ramana Sarma, learned counsel for the petitioner, Smt. S.Sravanthi, Icarned 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 srage of admission itself. 2. Aggrieved by the action of respondent No.2 in refusing to receive the document presented by the petitioner in respect of the residential house bearing H.No.29_75/4 on plot No.4 in Sy.No.151/ 1 to an extent of t28.0O Sq.yards (or 107.OO sq.mtrs), r,vi th a plinth area ol I O0.OO Sq.feet of ACC roof, sjtuated at Y 2 Malkjaigiri, within the limits of GHMC under Malka j qiri circre and Mandal, Malkajigiri-Medchal (the then Ranga ReclcL. District), the petitioner filed thc present Writ petition.

3. Learned Assistant Government pleader for Stamps and Registration submits that the petitioner has a1,; ,roached this Court seeking registration of the said dor:u r Lenr u,ithout presenting it before the Registering Authority. rt he petirioner presents the docutrrent to the Registering iL rthority, the respondent authorities will receive the same a I I follo,,r. the procedure. If there are any objections, appropriate . ders shall be passed as contemplated under Section 71 of the Re r istration Act, 1908 (for short, 'the Act, 1908,). In vieu, of thc ; rmr.. learned Assistant Government Pleader requested this C : I rt to pass appropriate orders.

4. The Section 7 7 of the Act, 1908, reads as follou r : Reasons for refusal to register to be recorded._ (1) lluery Sub-Registrar refusing to register tt .; except on the ground that the propertA to which Lt ttot situated uithin his sub-district shall malce ot t refusat and record-ed. his reasons for such order tr No.2, and endorse the words ,,registration refusec docttment; and, on application made bg anA persorr t or claiming under the doatment, shall, u,tithout par,r unnecessary delag, giue him a copy of the tec recorrl-ed. )cr0tlent, (,/(lles iS r:rder of r is Book " ort the .r:ect Lting '.erlt ond SO' I.S SO EGE<.,jj-- I 7 3 (2) No registeing offi.cer shalL clccept for registration a doanment so endorsed unless and until, under the prouisions hereinafter contained, the document is directed to be registered.

5. In view ol the aforcsaid submissions, coupled with the provisions under Section 7 1 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, 1899. It will be open to the Registering Authority to reluse the document presented before it, if there are an_\' objections, by duly assigning reasons in support of such decision and communicate the same to the 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 ar-r1,, pending in this Writ petition, shall stand closed. SD/.P.C. SULEKHA D ANT REGI I I To //TRUE COPYII CTION OFFICER I The Principal Secretary (Stamps and Registrations Secretariat, Hyderabad.- State of Telangana,

2. The Sub-Registrar, I\4a lkajigiri, IMalkajigiri/lVledcha I District. 3. The Chief Executive Officer, Telangana Wakf Board, Huz House, Nampally, Hyderabad

4. One CC to SRI DANTU VENKATA RAMANA SARMA, Advocate [OPUC] j,.*,-l:r.ri.r,,. d 7 MP CJP \ Two CCs to GP for Stamps qnd Registration, High )ourt for the State of Telangana at Hyderabad. [OUT] J --- '' :'' 6 One CC to SRt FARHAN AZAM KHAN, S.C. for TSWEI OpUCI 7. Two CD Copies - :- ' r_r7-{". b--Gr-, -.-- :3 HIGH COURT DAI =o.t 8t12t2025 ,:,, /, < i) 1HE STA[- l o 2 4 [iEt' ORDER t WP.No. |8986 of 2O2S DISPOSING OF THE WF IIT PETITION WITI. OUT COSTS tl'

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