The High Court · 2025

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. '101, in First Floor, bearing tt/unicipal No.2-3-766IA/SVSD/ 101, (PTIN No.1030211596) of VAISHNAVI ARCADE, with a plinth area 1850 Sft., (including common areas and one car parking), together with undivided share of land admeasuring 50 Sg.Yds., or 41 .B Sq.Mtrs., Out of total land admeasuring 501.5 Sq.Yds., or 419.25 Sq.Mtrs., in Premises bearing No.2-3-766iA on Part of Plot No.G-17 and Southern Part of Plot No.G-16, House No.2-3-766, Situated at Ganesh Nagar, Nagole, under GHMC Hayathnagar Circle, Uppal Mandal, Medchal-Malkajgiri District, as illegal, arbitrary, unlawful, without jurisdiction and 5 contrary to the provisions of the Registration Act and 19t 3 and in violation of Article 14 of Constitution of lndia and consequently to direc he 3rd respondent to receive, register and release the sale deed presented by tl- t Petitioner in respect of above said property. lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the c r the affidavit filed in support of the petition, the High Court m I the 3rd respondent to direct the 3rd respondent to receiv€, the sale deed presented by the Petitioner in respect of the Floor, bearing Municipal No.2-3-76614/5VSD/ 10i, (PTtN "VAISHNAVI ARCADE", with a plinth area 1850 Sft., (inctudir one car parking), together with undivided share of land aclri.t or 4'1 .B Sq.[Vltrs., Out of total land admeasuring 501.5 Sq.yds in Premises bearing No.2-3-76614 on Part of Plot No.G-17 Plot No.G-16, House No.2-3-766, Situated at Ganesh l,l GHMC Hayathnagar Cirde, Uppal Mandal, Medchal-Malkaj<y pendency of the above wdt petition. ;umstances stated in , be pleased to direct register and release rlat No. 101, in First No.1030211596) of I common areas and ;asuring 50 Sg.Yds., , or 419.25 Sq.Mtrs., nd Southern Part of gar, Nagole, under 'i District, during the Counsel for the Petitioner: SRI METTU PRAVEEN KUMAR Counsel forthe Respondents: SMT. S. SRAVANTHI, AGP FOR STAMPS AND RI:3ISTRATION The Court made the following: ORDER a IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.40 374 0F 2025 Date:3L.L2.2O25 Between: Sri Cheripally Bhaskar ...Petitioner AND The State of Telangana, Rep. by its principal Secretar5z, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad & two others ...Respondents ORDER: Heard Sri Mettu Praveen Kumar, 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 1S I disposed of at the stage of admission itself.

2. Aggrieved by the action of the respondent No.3 in not receiving, registering and releasing the sale deed presented by the petitioner in respect of the Flat No.1O1, x 2 SK'J W.P.No. .O37 4 of 2O2S 1n floor, bearing Municipal No.2-3-7661AlSVSD/ 101, (PTIN No.1O3( 211596) of "Vaishnavi Arcade", with a plinth area 185,t I square feet (including common areas and one car parl: ng), together with undivided share of larid admeasuritr I 50 square yards or 41.8 square meters, out of tota-l land admeasuring 501.5 square yards or 4l).25 square meters in premises bearing No.2-3-766 lA o L part of Plot No.G-17 and Southern Part of Plot No.' )-16, House No.2-3-766, situated at Ganesh Nagar, lrl lgole, under GHMC Hayathnagar Circle, Uppul Manti 11, Medchal- Malkajgiri District, the petitioner filed thr: present writ petrtron. Learned Assistant Government Pleadt r for Stamps

3. and Registration submits that the pt titioner has a approached this Court seeking registratior of the said document without presenting it before th : Registering Authority. If the petitioner presents the doc rment before the Registering authority, the respondents ,r ill receive the s€une and follow the procedure. If t-l :re are arry I 3 SK,J W.P.No.4O374 of 2O25 objections, appropriate orders shall be passed AS contemplated under Section 71 of the Registration Act, 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 clocument, 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 "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give 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 I f { \ - 4 SK,J W.P.No.4 )374 of 2025 - 4uthority to receive, register and release document, subject to the petitioner compll': provisions of the Act, 1908 as well as the Ir the subject ng with the dian Stamp Act, 1899. It will be open to the Registering A.uthority to refuse the document presented before him, r. objection, by duly assigning reasons in su1,' decision and communicate the said deci. petitioner. It is made clear that this Cor expressed aly opinion on merits of the ca: he has any rort of such ion to the rt has not e as to the cntitlement of the petitioner to get the sublr', t document registered. There shall be no order as to coslI

6. Miscellaneous Petitions, if any, pendinl in this writ petition shall stand closed- //TRUE COPY// \ s l/- MoMTNA MEHAR Ass \|r lrgyyo oFFTCER \ECTTON a 1 The Principal Secretary, Revenue (Registration and )tamps) Department, '' State of Teiangana, Secretariat Building' Hyderabad 2 The Commissioner, and lnspector General of Regir tration and Stamps, - Telangana State at HYderabad. 3. The Sub-Registrar, Uppal, Medchal-Malkajgiri District. 4. One CC to SRI METTU PRAVEEN KUMAR' Advocate 1 5 Two CCs to GP for Stamps and Registration, High ( ourt for the State of 'PUCI Telangana at HYderabad. [OUT] To \ 6 Two CD CoPies MP HIGH COURT DATID:31 11212025 : l/ I -* tq T4 R HI o( ?( 0 g ,tr'l ?l?i ; ..)\s _;> .ilor-.^.,'lil,,r/' Z ) ORDER WP.No,40374 of 2025 DISPOSING OF THE VlJ RIT PETITION I WII'{OUT COSTS