Alle Devaiah v. '1 . The State of Telangana
Case Details
Acts & Sections
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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.2 to 4 in refusing to receive the proposed document of Sale Deed by giving market value for the property of the petitioner to an extent of 640 Sq. Yards out of total extent of Ac.0.17 gts in Sy.No.297 of Korutla Urban Village, Jagtial District without assigning any reasons solely on the ground of the land was not mentioned in the online Bhu-Bharathi for registration despite submitting the Representation, D|.29.11.2025 as illegal, arbitrary, unconstitutional and contrary to the provisions of lndian Registration Act and consequently directthe Respondent Nos.2 to 4 to forthwith receive and register the proposed document of Sale Deed by giving market value for the petitioner's property to an extent of 640 Sq. Yards out of total extent of Ac.O.17 gts in Sy.No.297 of Korufla Urban Villagr: release the same without reference to online Bhu_Blr considering the Representation of the petitioner, Dt.2g.11.:! Jagtial District and to Portal by duly i rathi t25. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the (.i cumstances stated in the affidavit filed in support of the petition, tl.re uigrr co, t may ou pr"rrlJ t" direct the Respondent Nos.2 to 4 to forthwith receive and egister the propoied document of sare Deed by giving market varue for the pet oi"rs property-to an extent of 640 sq. yards out of totar extent of Ac.0.17 gis irr sy.No )97 of Koiuila Urban.Village, Jagtial District and to release the same with: rt reference to online Pl!-^B19rg!!i Portat by duty considering the Represenrat )n of the petitioner, Dt.29.11.2025, pending disposal of the above writ petition. Counsel for the Petitioner: SRI C. HARI PREETH Counsel for the Respondents: SMT. S. SRAVANTHI, ASST. Gp FOR STAMPS & REGISTRATIO\ The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.39848 of20.25 THE 24TH DAY OF DECEMBER 2025 Between: AIle Devaiah. ...Petitioner AND The State of Telangana, Rep. by its principal Secretar5r, Stamps and Registration Department, Secretariat, Hyderabad and (6) others. ...Respondents ORDER: Heard Sri C. Ha ri preeth, Learned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government pleader for Stamps and Registration and Revenue 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. Learned counsel for the petitioner submits that ^the petitioner hled the present writ Petition seeking to declare the action of the respondent Nos.2 to 4 in relusing to receive the proposed document of SaIe Deed in respect of the property to an extent of 640 Sq.yards out ol total extent of Ac.O 17 guntas in Sy.No.297 of Korutla Urban , \ Village, Jagtial District (for brevity, ..subject propr: ground that the land was not mentioned in the o for registration, despite submission of the re;r ty"), soleiy on the rline Bhu-Bharati esentation dated
29.11.2025 by the petitioner, as illegal and arbitr:L ]'.
3. Learned Assistant Government pleader or Stamps and Registration submits that the petitioner has appr.r ached this Court seeking registration of the said document wittr ,ut presenting it before the Registering Authority. If the petitio rer presents the document to the Registering authority, the resp{)n -lents will receive the same and foilow the procedure. [f there a.- any objections, appropriate orders shall be passed as contemplat :d under Section 71 of the Registration Act, 19OB (for short, ,the A,: of the same, learned Assistant Government plearl , 1908J. In view r requested this Court to pass appropriate orders. 4 The Section 71 of the Act, 1908, reads as follr rs Rea.sons for refusal to register to be record.ed._ (1) Euery Sub-Registrar refusing to register a d.o: tment, except on the ground that the propeftA to tuhich it t zlates is not situated uithin his sub-d.istict shall make an or ler of refusal and recorded his reasons for such ord.er in his I ok No.2, and endorse the utords ,,registration refused" on :t .e document; aid, on application made by anA person executjt q or claiming under the document, shall, uithout paAment anld unnecessary delag, giue him a copg of the reasons so recordea. '' i''lr' : ' (2) No registering officer shall accept for registration a docttment so endorsed. unless and_ until, under the prouisions hereinafter contained., the document ls directed to be regbtered.
5. In view of the aforesaid submissions, coupled with the provisions under section 71 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 propert5r, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99. It wilI 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 petitioner thereon. It is made clear that this Court has not expressed aly 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, sha-ll stand closed SD/. . MALLIKARJUNA RAO SISTANT REGIS //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary Stamps and Registration Telangana, Secretariat, Hyderabad. rtment, The State of
2. The Director and lnspector General of Stamps and Registration, Govemment of Telangana Nampally,
3. The District Registrar, Jagtial District. 4. The Sub-Registrar, Korutla, Jagtial District. 5. The District Collector, Jagtial District. 6. The Revenue Divisional Officer, Korutla Revenue Division Jagtial District 7. The Tahsildar, Korutla Mandal Jagtial District. 8. One CC to SRI C. HARI PREETH, Advocate [OPUC] 9. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Telangana. [OUT]
10.Two CD Copies BN HIGH COURT DATED:2411212025 ORDER WP.No.39848 of 2025 ( \. , ) ) ( \ IHE SI'4 31 oE[ 206 P\ h t! Y2 \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS