The High Court · 2025
Case Details
circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring , the action of respondent No. 2 in refusing to receive, process, register and release the sale deed presented by the petitioners in respect of the plot of land admeasuring 1500.00 Sq. Yds. of open plot No. 3 out of land admeasuring 14520 Sq. Yds in Sy. No. 673, situated at Dever Yamjal under Thumkunta Municipality, Shamirpet Mandal, Medchal Malkajgiri District, is nothing but arbitrary, illegal, null and void, without jurisdiction, contrary to the provisions of Registration Act, 1908 and in violation of Articles 14, 19 and 21 of Constitution of lndia. Consequently direct the respondent No.2 herein to forthwith receive, process, register and release the sale deed presented by the petitioners in respect of the plot of land admeasuring 1500.00 Sq. Yds. of open plot No. 3 out of land admeasuring 14520 Sq. Yds in Sy. No. 673, situated at Dever Yamjal Village, under Thumkunta Municipality, Shamirpet Mandal, Medchal Malkajgiri District. lA NO: 1 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 respondent No. 2 to forthwith receive, process, register and release the sale deed presented by the petitioners of the plot of land admeasuring 1500.00 Sq. Yds. of open plot No. 3 out of land admeasuring 14s2o Sq. Yds in Sy. No. 673, situated at Dever Yamjal Village, under Thumkunta Municipality, Shamirpet Mandal, Medchal Malkajgiri District. Counsel for the Petitioners: SRI K. VENUMADHAV Counsel for the Respondents: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER /il I t i IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3918 of 2o25 THE 22I{D DAY OF DECEMBER 2025 Between: Challa Jayasimha Reddy and Another AND ...Petitioners The State of Telangana, Rep. by its Principal SecretarSr, Stamps and Registration Department, Secretariat Buildings, Hyderabad and Another. ...Respondents ORDER: . Heard Sri K.Venumadhav, Iearned counsel for the petitioners, 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 itserf.
2. Aggrieved by the action of the respondent No.2 in refusing to receive, register and release the sale Deed presented by the petitioners in respect of the plot of land admeasuring 1s00 Sq.yards of open plot No.3 out of rand admeasuring l4s2o 2 Sq.yards in Sy.No.673, situated at Dever Yamjal under Thumkunta Municipality, Shamirpet Mandal, Medchal Malkajgiri District, the petitioners filed the present Writ Petition-
3. Learned Assistant Government Pleader for Stamps 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 to the Registering authority, the respondent authorities will receive the same and follow the procedure. If there are any objections, appropriate orders shall be passed as contemplated under Section 7 | of the Registration Act, 1908 (for short, 'the Act, 19OS). In view of the same, learned Assistant Goveqnment Pleader 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) Ettery Sub-Registrar refusing to register a document, except on the ground that the propertg to which it relates is rtot 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 "registrotion refused" on the doanment; and, on application made by ang person exeanting or claiming under the document, shall, without payment and unnecessary delag, giue him a copA of the reasons so recorded- a- I 3 (2) lVo registering officer shall accept for regi,stration d doanment so endorsed unless and. until, under the prouisions hereinafier contained, the document is directed to be registered.
5. In view of the aforesaid submissions, coupled with the provisions under Section 7I of the Act, 190g, 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 petitioners complying with the provisions of the Act, 19oB as well as the Indian stamp Act, 1g99. It wilt be open to the Registering Authority to refuse the document presented before it, if there are any objections, by duty assigning reasons in support of such decision and communicate the same to the petitioners thereon. It is made clear that this Court has not expressed *y opinion on the merits of the case or the entitlement of'the petitioners to get the subject d.ocument registered. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY/ SD/. U. SU ANT SECTION OFFICER Department, State of and Mandal, Medchal Court for the State of To 1
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5. MP BS W i a2 HIGH COURT DATED t2211212025 ORDER WP.No.39185 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 3\