✦ 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
Bench
Not available
Length
1,125 words

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 Writ or direction preferably Writ of [Vlandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the subject Sale Deed presented in respect of the H. No.27-79 in Piot No.79 in Survey No.467 to 469,469/1A,466 (part) admeasuring 200 Sq. yards situated in the layout of Sri. N. B. Housing Colony, Malkajgiri Village, Vallabhnagar taluk, erstwhile Ranga reddy district, now under GHMC, Malkajgiri Circle, and Mandal, Medchal Malkajgiri is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of lndia, and consequently direct the Respondent No-2 to receive, process, register and release the subject Sale Deed/ any other deeds that may be presented by the petitioner in respect of the H. No.27-79 in Plot No.79 in Survey No.467 to 469,469/ 1A,466 (part) admeasuring 200 Sq. yards situated in the layout of Sri. N. B. Housing Colony, Malkajgiri Village, Vallabhnagar taluk, erstwhile Ranga reddy district, now under GHMC, Malkajgin Circle, and Mandal, Medchal Malkajgiri, without insisting No-objection Certificate (NOC) from the Respondent No.3. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ci -r umstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to direct the Respondent No.2 forthwith to receive, process, reg ster and release the subject Sale Deed/ any other deeds presented by the petitir ner in respect of H. No.27-79 in Plot No.79 in Survey No 467 to 469, 469/ 1A, 4(i i(part) admeasuring 200 Sq. yards situated in the layout of Sri. N. B. Housi.r I Colony, Malkajgiri Village, Vallabhnagar taluk, erstwhile Ranga reddy district now under GHMC, Malkajgiri Circle, and Mandal, Medchal Malkajgiri, without ir sisting No-objection Certificate (NOC) from the Respondent No.3, pending dispc: al of the writ petition in the interest of justice. Counsel for the Petitioner: SRI SUBBA RAO VADREVU Counsel forthe Respondent No.1 & 2: SMT. S. SRAVANTFT ASST. Gp FOR STAMPS & REGISTF ATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHI N The Court made the following: ORDER - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRT JUSTICE K.SARATH WRJT PETITION No.39OrO of 2O2E THE ISTH DAY OF DECEMBER 2025 Between: Thakur Nanda Devi AND ... Petitioner The State of Telangana, Rep. by its Prlncipal Secretary, Stamps and Registration, Secretariat, Hyderabad and Two othcrs. ...Respondents ORDER: Heard Sri Subba Rao Vadreuu, learned counsel lor the petitioner, Smt. S.Sravanthi, Iearned Assistant Government Pleader lor Stamps and Registration appearing for respondent Nos. 1 and 2, Sri Farhan Azarn Khan, learned counsel appearing for respondent No.3 and perused the material on record. With their consent, this Writ Petition is disposed of at the stage of admission it self.

2. Aggrieved by the action of respondent No.2 in refusing to receive, register and release the subject sale deed presented in respect of H.No.27-79 in plot No.79 in Sy.Nos.467 to 469, 469 lIA, .) \ 466 (part), admeasuring 200 Sq. yards, situated ir the layout of Sri. N.B.Housing Colony, Malkalgiri Village, Vallat hnagar Ta1uk, erstwhile Ranga lleddv District. now under GHI lC, Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, thc petitiont:r filed the present Writ Petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that the petitioner has ap proached this Court seeking registration ol the said docrl nent u,ithout presenting it belbrc the Ilcgistt:ring Authority. If the petitioner presents the document to rhe Registering ruthoritJ., the respondent authorities r,r,ill receive the same :-rd follow the procedure. If there are any objections, appropriate trders shall be passed as contemplated under Section 71 of the tl :gistration Act, 1908 (for short, 'the Act, 1908'). ln vier,rr of thc, same, learned Assistant GovernmenL Pleader requested this ( )ourt to pass appropriate orders.

4. The Section 71 of the Acr, 1908, reads as foll,r r s: Reasons for refusal to register to be recorded.- (1) Euery Sub-Registrar refusitg to register ; document, except on the ground that the propertg to u,thicl t it re.lates is not stfilated utithin his sub distict slull mak.e tn order of refusal and recorded his recrsons for such orde- in his Book No.2, and endorse the wortls "registratiort re.f,t;ed" on t.he document; and, on applic'ation made by anA per:l rt executing or claimincl under the document, shall, utithoul p tgment and E, unnecessary delag, giue him a copy of the recorded. (2) No regtstering officer shall accept for registration a doanment so endorsed unless and until, under the prouisions hereino.fter contained, the document is directed to be registered. reosons so

5. In view of the aforesaid submissions, coupled with the provisions under Section 7l 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 r.r,ell as the Indran Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented belorc it, if there are any 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 an_v 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 P.C. SULEKHA DE ASSISTANT REG R //TRUE COPYII SECTION OFFICER To,

1. The Principal Secretary (Stamps & Registration), The State of Telangana, Secretariat, HYderabad.

2. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri District. J 4 5 3p;ffi5$1,ffii'ffi#ffi

7. Two CD CoPies BN l-ffii'ffi ii i:, -,: ::" .,,," \ HIGH COURT DATED:1 811212025 ORDER WP.No.39010 of 2025 ----: -..-. 'Ihe I -1 . ,/'^:d i!,' (t, 2 4 0Lt ?l?5 -v z i' \ t- '{i:i-g-1,:;}: t I DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0t

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