Mohd. Anees Uddin v. The State of Telangana

Petition under Article 226 o1 lhe 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 pa(icularly one in the nature of writ of Mandamus to declare the action of the 5th Respondent, in refusing to' register and release the G.P.A df. 24.12.2025 presented by the petitioner herein, pertaining to the property, in respect of the property of the petitioner, as being illegal, arbitrary, in violation of provisions of Registration Act' 1908 and in violation of Article 300A of the Constitution of lndia and consequently to direct the respondent Nos. 5 herein to receive, register and release the G P A dt' 24.12.2025 presented by the petitioner in respect of the property of House bearing t\/unicipal No. 1 1-14-261/H3/78 in Sy No. 9/1 (old) and new Sy Nos l3' '14 and '1 5 admeasuring 2400 Sq. Yards, or 2006 Sq. Meters, situated at Ward t t, Block No. 14, previously known as Saroor ' now comes under chit Ra nsareddv il,.,;;'.,l;,ff, l',i"11; J"1"" T'J:' Mandal, Rangareddy District .,.,,_ ^::^^ GHMG Saroor ttrgr,. cir, E1 t 42s7 / 20 2 4,0, u-,, -ro]i "". odloorna9€ r Village and Revenue 24 issued by the 2nd Responde I IAN :1OF 2025 o petition under S in the affidavit filed in I by the petitioner in res bearing Municipal No. 1 151 CpC praying that in the ircumstances stated r* r: : :' "::ff :; "i:"::: to Mett'r ; situated at ward '" odroornagar Vi lage and Revenue r:: * j;;T:ii :f:; ;:n i:, ::: r::.ff r: : : :: j: 4 andi 5 ad meas ur n,' #'J: "#:l l* 1Tl,.," No 11, Block No- ta, preurousty known as ar.o Mandal' Rangareddy District .,.,,- ^^:^^ sx ;;t;ili[],ffiffi ; :lilffi ,Tr: ; : ;": :xift :: 024 issued by the 2nd Respondenl, : the main writ petition. t ending disposar of Counset for the petitioner: Counsel for the Respondents: SMT S.SRAVANTHT SRI V.T.KALyAN The Court made the following: ORDER AGp FoR srnn,tpC'h REclsrFr,,TroN I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.4O289 OF 2o25 Date:31.12.2025 Between: Mr. Mohd. Anees Uddin ...Petitioner AND The State of Telalgana, Rep. by its Principal Secretar]', Stamps and Registration Department, Secretariat, Hvderabad & four others ...Respondents ORDER: Heard Sri V.T.Kalyan, learned Counsel for the petitioner and 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 itself.

2. Aggrieved by the action of the respondent No'5 in refusing to register and release the GPA dated 24.12.2025 presented by the petitioner herein, pertaining t 2 SK'J W.P.No.. A289 of 2025 to the property in respect of the House beari rg Municipal No. 1 1- 14-26 t I H3 /78 IN Sy.No.9/ 1 (olct, and new Sy.Nos.13, 14 and 15 admeasuring24OO scl are yards or 2006 square meters situated at Ward No. 11 3lock No.14, previously known as Saroornagar Village z nd Revenue Mandal, Ranga Reddy District, now comes 'tnder Chitra Layout, L.B. Nagar, under GHMC Sarootl agar Circle, Ranga Reddy District, without r:'erence to Lr.No.El14237l2O24, dated 06.11.2024 i,;;ued by the respondent No.1, the petitioner filed the tresent writ petrtron

3. Leanred Assistant Government Plead:' for Stamps and Registration submits that the pr: itioner has approached this Court seeking registratiort of the said document '"vithout presenting it before tbr Registering Authority. If the petitioner presents the dot r Lment before the Registering authority, the respondents v'j I receive the same and follou. the procedure. If th t re are any objections, appropriate orders shall be passed AS contemplated under Section 71 of the ReEi;tration Act, 3 SI(,J W.P.No.4O289 of 2O2S 1908 (for short, 'the Act, 1908). Therefore, learned Assistant Government Pleader has requested this Court to pass appropriate orders.

4. The Section 71 of the Act, 1908, reads as follows Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, exccpt on the ground that the property to which it relates is not 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 "registration refused" on the document; and, on application made by any person exccuting or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition 1S disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the I t 4 SK,J W.P.No., 0289 of 2025 provisions of the Act, 1908 as well as the Ldial Stamp Act, 1899. It will be open to the Registerinll Authority to refuse the document presented before him, i'he has any objection, by duly assigning reasons in su r rort of such decision and communicate the said dt:< i;ion to the petitioner. It is made clear that this Oo rrt has not expressed any opinion on merits of the cil ie as to the entitlement of the petitioner to get the subj::t document registered. There sha-Il be no order as to cost ;

6. Miscellaneous Petitions, if any, pendiri 1 in this writ petition shall stand closed //TRUE COPY// SD|' (\' F. PONNA KRlsfiNA i! TANT REGISTRAR SECTION OFFICER ' To, The Principal Secretary, Registration and Stamp Hyderabad, State of Telangana' The District Collector' Rangareddy District' 1 2 \ oep rrtment, Secretariat,

3. The District Registrar' Registration and Stamps' Ranqa F eddy 4. The Commissioner and DePartment, HYderabad' lnspector General of Reg s:ration and Stamps

5. The Sub-Registrar, (SRO) Saroornagar' Rangareddy D s rict' 6. One CC to SRI V T.KALYAN, Advocate [OPUC] 7 Two CCs to GP FOR STAMPS & REGISTRATION' H t h Court for the State " oiietangana at HYderabad [OUTI I

8. Two CD CoPies BSR BS HIGH COURT DATED: 3111212025 ORDER WP.No.40289 of 2025 I i.' t.' t' t. l DISPOSING OF THE WRIT PETITION, I WITHOUT COSTS \ L6 I