Disposed

Gone Charanth Reddy v. The State of Telangana

Telangana HC12 Jun 2025WP/15917/2025

Case brief

AI extract

What is this about?

Petitioner sought a Writ of Mandamus directing the Sub-Registrar to register a Deed of Sale for open Plot No. 19. The High Court disposed of the petition by directing the Authority to receive and register the document upon presentation, subject to compliance with statutory provisions.

What did the court decide?

Directing the Registering Authority to receive, register and release the subject document, subject to compliance with the Registration Act and Stamp Act.

Gone Charanth Reddy Vs The State of Telangana — Property and Title | Telangana HC (2025)

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[³³⁰² ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TW€NTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 15917 OF 2025

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Between:

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Gone Charanth Reddy, Sio. G Srinivas Reddy, Aged about 26 years, OccBusiness, R/o. 1-5-'l il5163, Presidency Avenue,^"Near Balaji H6spital, Old Alwal, lVledchal tMalkajgiri District - 500010.

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AND

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...PET!T|ONER

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'l . The State of Telangana, Rep. by its Principal Secretary, Revenue

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^{Qepqrtment, (Stampsand Registration)Secretariat, Hyderabad.}

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2 lhe District Registrar, Registration and Stamps, tvledchal Malkajgiri diskict, Telangana

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The Sub- registrar, Vallabhnagar, lvledchal- Malkajgiri District, Telangana.

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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 issue a Writ of Mandamus or any other appropriate writ, order or direction, A. Declaring the action of the Respohdent No. 3 in refusing to receive and register the document which, is Deed of Sale in respect of Immovable Property open Plot no. 19 with house bearing No. 'l-5- 11181573119 situated at Sy. No. 573lAA2l1 and 574lAA2l4l2, 5741E1 to 574lEl5 admeasuring 233.33 square yards in Old Alwal, Atwal Village, under GHMC Alwal Circle, at Medchal Malkajgiri District as illegal, arbitrary and contrary to the provision of Registration Act and the Rules made thereunder, and B. Consequently direct the Respondent No.3 to receive, register and release the document in respect of the property admeasuring open Plot no. 19 with house bearing No. 1-5-1 1181573119 situated at Sy. No, 573lAA2l1 and 574lAA2l4l2. 5741E1 lo 574lEl5 admeasuring 233.33 square yards in Old Alwal, Alwal Village, under GHMC Alwal Circle, at Medchal Malkajgiri District.

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-7

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lA NO: 1 OF 2025

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Petition under section 151 cPC praying that in the r ircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No. 3 to receive, register and release the document which is Deed of Sale in respect of lmmovable Property presented by the^petitioner with respect to open Plot no. 19 with house bearing No. 1-5-11181573t19 situated at Sy. No. 573lAA2l1 and 574lAA2l4l2, 5741E1 Io s74tEt5 admeasuring 233.33 square yards in old Alwal, Alwal Village, under GHMC Atwat circte, at Medchal Malkajgiri District.

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lA NO: 2 OF 2025

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Petition under section 151 cPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High court miry be plelased to direct the Respondent No 3 to consider representation dateC 03.05.2025 of the Petitioner, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI N.ASHWANI KUMAR Counsel for the Respondents: AGp FOR STAMpS AND REGISTRATION

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.15 917 of 2025

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ORDER:

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Heard learned counsel for the petitioner and learned Assistant Government preader 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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Aggrieved by the action of the Respondent No.3 in refusing to receive and register the document, which is Deed of Sale in respect of open plot No. 19 with house bearing No. 1-5-1 lL8 I 573 / 19 situated at Sy.No.57 3 / AA2 I I and 5741N\214/2,574/EI to S74lE/S admeasuring to an extent of 233.33 Square yards in Old Alwa_l, Alwal Village, under GHMC Alwal Circle, Medchal Malkajgiri District, the petitioner filed the present writ petition.

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Learned Assistant Govcrnment pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court

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SK, J wP 1s917 2025

seeking registration of the document. f the petitioner '\ present the same before the Registerinll authority, the respondents will receive the same and follcw the procedure as contemplated under Section 71 of the ?egistration Act, 1908 (for short, 'the Act, 1908).

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The Section 71 of the Act, 1908, reads as follows:

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Reasons for refusal to register to be recorled.-

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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 withi'r his subdistrict shall make an order of refusal arrd recorded his reasons for such order in his Bool. No.2, and endorse the words "registration refuscd', on the document; and, on application made by any person executing or claiming under the docurrrenl, 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 :egistration a document so endorsed unless and until, under the provisions hereinafter contained, the dr rcument is directed to be registered.

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In view of the above made submissiorrs coupled with the provision under Section 7l of the Act, 190g, this writ petition is disposed of directing the Registering Authority to

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SK, J wP 15917 2025

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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 and 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 entitlement of the petitioner to get the subject document registered. There sha-ll be no order as to costs.

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Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

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SD/-MOHD. ISMAIL

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DEPUTY REGISTRAR

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//TRUE COPYII

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To SECTION OFFICER 1 . SecretariaThe Principal Secreta ry, Revenue Hyderab ad State of TelaDe ngana_partmentl ( tamps and Registration) 2. The District Registrar, Registration a nd Stamps, Medchal Malkajgiri district, Telangana

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& 6. 45 StateTwoTwo TheOne SuCCof Telangana, Cs C b- regiskar, to to GP SRI N FOR STAMASHWANTVallabhnaat Hyderabad PS gar, KUMAR, AdvocateAND Medcha[OUT]REGISTRATIONl- tVlalkajgiri [OPUCDistrictHigh Court for theTelangana CD Copies

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PSK BS

HIGH COURT

DATED:1 210612025

ORDER

WP.No.15917 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Gone Charanth Reddy v. The State of Telangana

Case brief

What is this about?

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Gone Charanth Reddy v. The State of Telangana

Case brief

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What did the court decide?

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