M/s. Gmk Builders and Developers Vs The State of Telangana

M/s. GIMK Builders and Developers, Having its registered office at Sy.No.^376, Rajeevgandhi Nagar, Prashanthi Nagar, Kukatpally, Hyderabad. Rep by^its Managing Partner Mohammed Mujeeb Khan S/o. Mohhamed Samiullah.

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Syed Massihullah, S/o. Syed Hasmathullah, Aged. 54 Yrs, Occ. Business, Rl/o. H.No. 8-2-29318212, Road No.12, MLA Colony, Banjarahills, Hyderabad. Rep. by GPA Holder Mohammed Mujeeb Khan S/o. Mohammed Samiullah, Aged. 50 Yrs, Occ. Business, Rl/o. H.No. 7-1-451N451C, Dharam Karam Road, Ameerpet, Hyderabad.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Stamps and Registration Department, Secretariat Buildings, BRKR Bhavan, Tank bund, Hyderabad.

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2 The Commissioner and lnspector General of Registration and Stamps, M.J [/arket, Hyderabad, Telangana State.

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3 The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District.

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...RESPONDENTS

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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 pass an order(s) or direction(s) more particularly one in nature of Writ of [\rlandamus in declaring the action of the 3rd Respondent in^{not reeeiving,} registering and releasing the Sale Deed^presented by the Petitioners in respect of open land admeasuring 20,207 Sq. yards in Sy.No. 34212 and 34712^{(as per} Nala Proceedings No. 2400416415 Dt. 16.07.2024) situated at Quthbullapur Village 86 IVlandal, Medchal-Malkajgiri District as illegal, arbitrary, without^jurisdiction and contrary to Sec-71 of Registration Act-1908 and Violation of Article^{14 of} Constitution of lndia.

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IA NO :1 oF 2025

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased pleased to direct the Respondent No.3 herein to receive, rer;ister and rerease the Sale Deed presented by the petitioners in respect of op'n rand admeasuring 20,207 Sq. yards in Sy.No. 34212 86 34712 (as per Nala proceedings No. 2400416415 Dt. 16.07.2024) situated at euthbullapur Village &, Mandat, IVedcha l-Ma lkajgiri District.

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Counsel for the petitioner: SRt JAKKULA SRIDHAR

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Counsel for the Respondents: ASST.G' FOR STAM'S AND REGISTRATION The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.15795 of2o.25

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ORDER:

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Heard learned counsel for the petitioners and learned Assistant Government pleader for Stamps and Registration appearing for the respondent Nos. 1 to 3. With their consent, this writ petition is disposed of at the stage of admission itself.

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2' Aggrieved by the action of the Respondent No.3 in not receiving, registering emd releasing the Sale Deed presented by the Petitioners in rcspect of open land admeasuring to an extent of 2O,2OT Sq. yards in Sy.No.342/2 and, 347/2 (as per NaIa Proceedings No.24OO416415 dated 16.07.2024) situated at Quthbullapur Village and Mandal, Medchal_ Malkajgiri District, the petitioners hled the present writ petition

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Learned Assistant Government pleader for Stamps and Registration submits that without presenting the document, the petitioners have approached this Court

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2

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SK, J wP 15795 202s

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seeking registration of the document. If the petitioners present the same before the Registering authority, the respondents will receive the same and follovy the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short,^.the Act, t9OgJ.

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4 The Section 71 of the Act, 190g, reads aLs follows:

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Reasons for refusal to register to be recordt:d._

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(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 l,1o.2, and endorse the words^{,,registration} refused,, on the document; and, on application made by ally person executing or claiming under the document, shall, without payment and unnecessary delay, give him a . copy of the reasons so recorded.

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(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.

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In view of the above made submissions coupled with the provision under Section 7l of the Act, 1()Og, this writ petition is disposed of directing the Registerinll Authoritv to

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3

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SK, J wP 15795 2025

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receive, register and release the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99. 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 and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered. There shall be no order as to costs.

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6 Miscellaneous petitions, if any, pending in this writ petition sha_ll stand closed.

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SD/-MOHD. ISMAIL PUTY REGIST

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//TRUE COPY//

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SECTION OFFICER

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