The High Court · 2025
Case Details
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 an order or direction more particularly one in the nature of writ of I 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.4 out of land admeasuring 14520 Sq. Yds in Sy. No.673, situated at Dever Yamjal Village, under Thumkunta Municipqlity, 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 ,1 sale deed presented by the petitioners in respect of the plol rf land admeasuring 1500.00 Sq. Yds. of open plot No. 4 out of land admeasurr g 14520 Sq. Yds in Sy. No. 673,situated at Dever Yamjat Village, under Thtir rkunta Municipality, Shamirpet Mandal, Medchal Malkajgiri District lA NO: 't OF 2025 Petition under Section 151 CPC praying that in the circ the affidavit filed in support of the petition, the High Court :mstances stated in may be pleased to direct the respondent No. 2 to forthwith receive, process, re(, sale deed presented by the petitioners of the plot of land a, Sq. Yds. of open plot No. 4 out of land admeasuring 1452) 673, situated at Dever Yamjal Village, under Thumkunta [,4rr iter and release the measuring 1500.00 Sq. Yds in Sy. No. ricipality, Shamirpet Mandal, Medchal Malkajgiri District Counsel for the Petitioners : SRI K VENUMADHAV Counsel forthe Respondents: SMT. S. SRAVANTHI, AGP F( R STAMPS AND REGISTRATION The Court made the following: ORDER l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.39728 of 2o25 TrIE 24TH DAY OF DECEMBER 2025 Between: Challa Jayasimha Reddy and Another ...Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad and Another. ...Respondents ORDER: Heard Sri K.Venumadhav, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistalt Government Pleader for Stamps ald 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 itself.
2. Aggrieved by 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 Sq.yards of open plot No.4 out of land admeasuring 14520 Sq.yards in Sy.No.673, situated at Dever Yamj aI Village, under... 2 Thumkunta Municipality, Sharnirpet Mandal, I/ odchal-Malkajgiri District, the petitioners frled the present Writ Pe -. :ion.
3. Learned Assistant Government Pleader [or Stamps and Registration submits that the petitioners hav,: approached this Court seeking registration of the said dr cument without presenting it before the Registering Authority. If the petitioners present the document to the Registering author.l g, the respondent authorities will receive the same and follow the 1t 'ocedure. If there are any objections, appropriate orders sheJ be passed as contemplated under Section 7 | of the Registral on Act, 1908 (for &rort, 'the Act, 1908') . In view of the same, earned Assistant Government Pleader requested this Court to pass appropriate orders.
4. The Section 71 of the Act, 1908, reads as Ic .1olvs: Reasons for refusal to register to be recorded. - (1) Euery Sub-Registrar refusing to registct except on the ground that the propertg to uit not situated within his sub-district shall ma refusal and recorded his reasons for such ort No.2, and endorse the uLords "registration "' doanment; and, on application made by ang pt or claiming under the document, shall, tuitho.t unnecessory delay,' giue him a copy of tl recorded. (2) No registering officer shall accept for doanment so endorsed unless and until, und<t a doanment, :h it relates is '.e on order of er in his Book fused" on the rson exeatting payment and e reasons so registration a tlt-e prouisions 3 Ircreinafter contained, the doatment is directed to be registered.
5. In view of the aforesaid submissions, coupled with the provisions under SectionTl 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 petitioners 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 refuse the document presented before it, if there are any objections, by duly assigning reasons in support of such decision and communicate the same to the petitioners thereon. It is made clear that this Court has not expqessed 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 stald closed. //TRUE COPY// SD/.A. SRINIVASA REDDY ASSISTANT REGISTRAR /< I SECTION OFF]CER To, Malkajgiri Distiict. Buitdings, ihe State or ibrangaili, nvo,lirBl,j."''" 1' The Principar secretary, .stamps and Registration Department, Secretariat 2 The Sub Reoistrar- Shamirpet, Shamirpet proper and Mandar, Medchar 3. One CC to SRI K VENUMADHAV, Advocate tOpUCI 4. Two CCs to Gp FOR STAM'S AND REG,STRAT,ON, High Court for the 5. Two CD Copies State of Telangana. [OUTI a- PVL BS HIGH COURT DATED:2411212025 ORDER WP.No.39728 of 2025 ...., :--- o,i) ,)r 0 5 * 'iL; 'r ')-.--'-' ) DISPOSING OF THE WRIT PETITION WITHOUT COSTS l, 5