Smt. Vallamdasu Sdvally v. 'l The State of Telangana

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 a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the Petitioner in respect of the Flat No.401, in Fourth Floor, bearing Municipal No.2-3-608/AE/401, (PTl No. 1030209202) of AAKRUTHI ENCLAVE, with plinth area of 1,320 Sft., including common areas and one car parking area in Stilt Floor, along with undivided share a of land admeasuring 50 Sq.Yds., or 41 .B Sq.Mtrs., Out of total land admeasuring 400 Sq.Yds., bearing Premises No.2-3- 60811 111, on Plot No.11, Situated at Sai Ram Nagar, Nagole, under GHMC Hayathnagar Circle, Uppal Mandal, Medchal- Malkajgiri District, as illegal, arbitrary, unlaMul, without jurisdiction and contrary to the provisions of the Registration Act and 1908 and in violation of Article 14 of Constitution of lndia and consequently to direct the 3rd respondent to receive, register and release the sale deed presented by the Petitiore r in respect of above said ProPertY IA NO :1O F 2025 Petition under Section 151 CPC praying that in the cir the affidavit filed in support of the petition' the High Court m;t' the 3rd respondent to died the 3rd respondent to receive, reg sale deed presented by the Petitioner in respect of the FI Ftoor, bearing Municipal No 2-3-608/AE/401, (PTl Nc "AAKRUTHI ENCLAVE', with plinth area of 1,320 Sft', inct and one car parking area in Stilt Floor, along with undi admeasuring 50 Sq.Yds., or 41 B Sq'Mtrs , Out of total lz r Sq.Yds., bearing Pre'nises No 2-3-608/1 /'1 1, on Plot No l1 Nagar, Nagole, under GHMC Hayathnagar Circle, Upprr Matkaigiri District, during the pendency of the above writ petilir umstances stated in be pleased to direct ster and release the t No.401, in Fourth . 1030209202) oI Cing common areas ided share of land d admeasuring 400 Situated at Sai Ram Mandal, Medchal- n. Counsel for the Petitioner: SRI METTU PRAVEEN KUMAR Counsel for the Respondents: SMT' S' SRAVANTHI, AGP FOR STAMPS AND RI: ;ISTRATION The Court made the following: ORDER t IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.4O422 OF 2025 Date:31.L2.2O25 Between: Smt. Va,llamdasu Srivally ..,Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Departmcnt, Secretariat, Hyderabad & two others ORDER: ...Respondents Heard Sri Mettu Praveen Kumar, learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader lor StzLmps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition 1S disposed of at the stage of admission itself.

2. Aggrieved by the acticn of the respondent No.3 in not receiving, registering and relcasing the sale deed prcsenled by thc peLitiont:r in respect of the Fiat No.40 1, c SK,J W.P.N('. tO422 ot 2O2S - \=q] in fourth floor bearing Municipal No.2_ll t,OgIAD/4O1 , (PTI No.|O3O2O92O2) of "AAKRUTHI EN(_ r_Avtr,, with plinth area of 1,320 square feet, including (( mmon areas and one car pa-rking area in stilt floor , along with undivided share of land admeasuring 50 sqr are yards or equivalent to 41.8 square meters, out I ' total land admeasuring 400 square ya,rds beari- q premises No.2-3-608/ If ll, on Plot No.11, situatccl at Sai Ram Nagar, Nagole under GHMC Hayathnagar ( ircle, Uppal Mandal, Medchal-Malkajgiri District, the p:.itioner hled the present ',^,rit petition.

3. Learned Assistant Government pleaclr:r for Stamps and Registration submits that the pc1 tioner has approached r-his Court seeking registratior of the said document without presenting it before th,: Registering Authority. If the petitioner presents the doc _ ment before the Registering authority, the respondents u,.j receive the sarne and follow the procedure. If thc .e are arry objections, eLppropriate orders shall be passed as contemplated under Section 71 of the Regis[ration Act, 3 SK,J W.P.No.4O422 oI2025 i9O8 (for short, 'the Act, 1908). Therelore, 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, except 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 "registrati<-rn refused" on the document; and, on application made by any person executing or claiming under the documen t, shall, without payment and unnecessary delay, givc him a copy of the reasons so recorded. (2) No registering ofhcer 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 I 4 SK,J W.P.No 4o422 of 2O2S provrstons cf the Act, 190g as well as the ndian Stamp Act, 1899. It will be open to the Registerinp reluse the document presented before hirrr. Authority to f he has any objection, b.r duly assigning reasons in su1 decision and communicate the said de: petitioner. It is made clear that this Cc port of such sion to the L-rrt has not expressed any opinion on merits of the ca se as to the entitlement oI the petitioner to get the sub,r ct document registered. l'here shall be no order as to cosl s

6. Misccllaneous petitions, if any, pendir.r ; in this writ petition shall stand closed. To /TTRUE COPY// :; )[ MOMINA MEHAR - -4 ASS $IANT REGISIR*K' ,/ SECTION OFFICER \\ ---_-.-- \ /

1. The Principal Secretary, Revenue (Registiation anO }tamps) Department, State of Teianqana, Seiretariat Building, Hyderabad

2. The Commissioner, and lnspector General of Regi tration and Stamps' Telangana State at Hyderabad. .

3. The Sub-Registrar, Uppal, Medchal-Malkajgiri District 4. One CC to SRI METTU PRAVEEN KUMAR, Advocate [' )PUC] 5. Two CCs to GP for Stamps and Registration, High ( ourt for the State of Telangana at Hyderabad. [OUT]

6. Two CD CoPie,s MP HIGH COURT DA'l' iD:31 11212025 lHE S T,q ( ) {i :.J (i, ). ,t":i, '..-'i I AJ ! .rn h t-t-1i 5 ORDER WP.Nc, 40422 of 2025 DISPOSING OF THE VURIT PETITION . WIT HOUT COSTS 1l' l?,b