Telangana High Court

WP/40288/2025 of Mr. A. Ravinder Vs The State of Telangana on 31 December 2025

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S/o. Employee, R/o. H.No Telangana State. I s302 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO:40288 OF 202s

Between:

Mr. A. Ravinder, S/o.

Employee, R/o. H.No

Telangana State.

I s302 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K. SARATH

WRIT PETITION NO:40288 OF 202s

Arukonda fVaraiah, Aged about 43 years, Occ ; Private 84-548/50/68, Fatima Nagar, Rajeev Nagar, Hyderabad

.....PETITIONER

AND

1, The State of Telangana, Rep by its Principal Secretary Stamps and Registration Department, Secretariat Building, Hyderabad.

2. The Commissioner and lnspector General of Registration of Stamps and Registration, Telangana, Hyderabad.

3. The Sub Registrar, Vanasthalipuram, Ranga Reddy District.

.....RESPONDENTS

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 writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in not registering the document presented by the petitioner's for his open plot Nos. 93 & 100 in Survey No. 235 to an extent of 600 Square yards situated at Brahmanapally Torrur Village, Hayathangar Mandal , Ranga Reddy District, Telangana State which is illegal, arbitrary and against the principles of natural justice and articles 14 and 21

of Constitution of lndia.

l.A.NO:1 OF 2025

Petition Under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to register the Document presented by the petitioner's for his open plot Nos. 93 and 100 in Survey No. 235 to an extent of 600 Square yards situated at Brahmanapally Torrur Village, Hayathangar Mandal, Ranga Reddy District, Telangana State, pending disposal of the above writ petition.

Counsel for the Petitioner : SRI MOHAMMED MUDABBIR ALI KHAN

Counsel for the Respondents : SMT S.SRAVANTHI, AGP FOR STAMPS AND

REGISTRATION

The Court at the stage of admission made the following ORDER

-----7

IN THE HIGH COURT FOR THE STATE OF'TELANGANA

AT HYDERABAD

THE HON'BLE SRI JUSTICE K.SARATH

WRIT PETITION No.4O28A OF 2025

Date:3L.L2.2O25

Between:

Mr. A.Ravinder

...Petitioner

AND

The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & tlvo others

...Respondents

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ORDER:

Heard Mr.Mohammad Mudabbin Ali, learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appea-ring 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.3 in not registering the document presented by the petitioner for his open Plot Nos.93 and 100 in Sy.No.235 to an -r-\ +t! SK,J W.P.No.4O28a of 2O25 extent of 600 square yards situated at Brahmanapally Torrur Vil1age, Hayathnagar Mandal, Ranga Reddy District, the petitioner liled the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that the petitioner has approached this Court seeking registration of the said document without presentir-rg it before the Registering Authority. If the petitioner presents the document before the Registering authority, the respondents will receive the sarne and follow the procedure. If there are any objections, appropriate orders shall be passed S contemplated under Section 71 ol the Registration Act, 1908 (for short, 'the Act, 1908'). Therefore, learned Assistart 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 u.ithin his sub-district shall make an

I I SK,J W.P.No.4O288 of 2025 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 lhe 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 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 him, if he has any objection, by duly assigning reasons in support of such decision arrd communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the I

- \ .+r!ntq

SK,J II/.P.No.4O288 of 2O2S entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/.A.H.S. GOWRI SHANKAR ASSISTANT BEGISTRAR //TRUE COPY/I ,.^l> SECTION OFFICER

1. The Principal Secretary, Stamps and Registration Department, Secretariat Building, State of Telangana at Hyderabad.

2. The Commissioner and lnspector General of Registration of Stamps and Registration, Telangana, Hyderabad.

3. The Sub Registrar, Vanasthalipuram, Ranga Reddy District.

4. Two CCs to GP FOR STAMPS AND REGISTRATION High Court for the State of Telangana at Hyderabad. [OUT]

5. One CC to SRI MOHAIVTUED IVUDABBIR ALI KHAN, Advocate [OPUC]

6. Two CD Copies To SA BS

HIGH COURT DATED:31 11212025

ORDER

WP.No.40288 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. STA 3 ?{JAN2[28 '( , t I 'r1 I o b

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