✦ High Court of India · 22 Dec 2025

The High Court · 2025

Case Details High Court of India · 22 Dec 2025
Court
High Court of India
Decided
22 Dec 2025
Bench
Not available
Length
1,099 words

Lanka Babu, S/o. L. Ankaiah, Age 39 years, Occ;Business, Rl/o. H. No. 48- 19-7F, Galaxy Heights, Flat No. '104, Sri Ramachandra Nagar, Near Ayush Hospital, Vijayawada (Urban), Krishna District, A.P Smt. Anumukonda Uma, W/o. Anumukonda lr,4ahesh, Age 48 years, Occ; House wife, R:/o. H.No.30-20/1-10, Kotilingam Street, Sitaramapuram, Vijayawada (Urban), Pest Buckinghampet, Krishna District, A.P. .....PETITIONERS AND

1. The State of Telangana, Rep. by its Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad. 2. The District Registrar, Medchal Malkajgiri District. 3. The Sub- Registrar, tValkaigiri, Medchal Malkaigiri District. 4- The Telangana State Wakf Board, Nampally, Hyderabad, Rep. by its Chairman. .....RESPONDENTS Petitron 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, Order or Direction more particularly one in the nature of Writ of lvlandamus, to declare the action of the 3rd respondent in refusing to receive, register and release the Sale Deed in respect of residential premises bearing no. 44-39911 on Plot No. 70, admeasuring 257 Square Yards in Sy. No 399 and 400, situated at Tirumala Nagar, under Malka.igiri Circle and lrilandal, within the limits of GHMC, Medchal Malkajgiri District, as illegal, arbitrary, against the provisions of Registration Act and against the settled principles of law and a 7 consequently direct the 3'd respondent to receive, register :rl d release the Sale Deed,in respect of residential premises bearing no 44-392 l on Plot No Tti' admeasuring 257 Square Yards in Sy. No 399 and 400, s tuated at Tirumala Nagar,undertvlalkajgiriCircleandMandal,withinthelimits>fGHMC,Medchal Malkajgiri District, in the interest of Justice. l.A.NO: 10F 202s Petition Under Section 151 CPC praying that in the cirr the affidavit filed in support of the petition, the High Cour direct the 3rd respondent to forthwith receive, register and r()l in respect of residential premises bearing no 44-399i1 admeasuring 257 Square Yards in Sy- No. 399 and 400, I Nagar, under Malkajgiri Circle and N4andal, within the limitrj Malkajgiri District, in the interest of Justice, pending disposal t rmstances stated in nay be pleased to )ase the Sale Deed on Plot No. 70, tuated at Tirumala of GHMC, Medchal f main writ petition. Counsel for the Petitioners : SRI S.SURENDER REDDY Counsel forthe Respondents: SMT S.SRAVANTHI, AGP Fi: 1 REVENUE The Court at the stage of admission made the following OR )ER a IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.39339 of 2O25 TIiE 22ND DAY OF DPCEMBER 2025 Between: Lanka Babu and Another AND ...Petitioners The State of Telangana, Rep. by its Principal Secretar5r, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad and Three others. ...Respondents ORDER: Heard Sri S.Surender Reddy, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps ald Registration appearing for the respondents ald 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 Deed in respect of residential premises bearing No.44-399 l1 on Piot No.70, admeasuring 257 Sq.yards ln Sy.Nos.399 artd 400, situated at Tirumala Nagar, l-.....-- - :-1----t',.---_^--i:!?==:+G-f=--. ;.I- -_/ 2 under Malkajgiri Circle and Mandal, within the lirr its of GHMC, Medchal-Malkajgrri District, the petitioners filed 111' present Writ Petition.

3. Learned Assistant Government Pleader fo- Stamps and Registration submits that the petitioners have a: rroached this Court seeking registration of the said doct r lent without presenting it before the Registering Authority. I f he petitioners present the document to the Registering authority, 1 :le respondent authorities will receive the same and follow the pro': :dure. ll there are an1, objections, appropriate orders shall I e passed as contemplated under Section 7 | of the Registratiot r Act, 1908 (for short, 'the Act, 1908'). In view of the same, k-'rr ned Assistant Government Pleader requested this Court to llrr rs appropriate orders.

4. The Section 71 of the Act, 1908, reads as follr vs: Reasons for refusal to register to be reiorded.- (1) Euery Sub-Registrar refusing to register t doanment, except on the ground that the property to ttthi<:lL it relates is not situated uithin his sub-district shall make tn order of refusal ond recorded his reasons for such orde'in his Book No.2, and endorse the words "registrotion re.fit ;ed" on the doanment; and, on application made bg anA peri n executing or claiming under the document, shall, ttithout ,> ulment and unnecessary delag, giue him a copy of the reasons so recorded. I 1 (2) No registering officer shall accept for registration a document so endorsed unless and until, under the prouisions hereinafier contdined, the document is directed to be registered.

5. In view of the aforesaid submissions, coupled with the provisions under Section 7l of the Act, t9og, 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, 1908 as well as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the document presented before it, if there are any objections, by duly assigning reasons in support of such decision and communicate the sarne to the petitioners thereon. It is made clear that this Court has not expressed any opinion on the merits of the case or the entitlement of the petitioners 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. //TRUE COPY// SD/- P.PONNA KRI SHNA TANT REGISTR ECTION OFFICER To SA \ 2 J 4 5

1. The Secretary, Revenue (Stamps and Registration) rtment, Secretariat, State of Telangana at Hyderabad. The District Registrar, Medchal Malkajgiri District The Sub- Registrar, Malkajgiri, lr,ledchal Malkajgiri District. The Chairman, Telangana State Wakf Board, Nampally, Hyderabad. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] 6, One CC to SRI S.SURENDER REDDY, Advocate [OPUC] 7. Two CD Copies HIGH COURT DATED:2211212025 ORDER WP.No.39339 of 2025 t I { I nE STn rA lil.l -{ \) o DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. a +ltlt+

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