Disposed

Smt. Mothe Sujatha v. The State of Telangana

Telangana HC13 Jun 2025WP/16031/2025

Case brief

AI extract

What is this about?

Petitioner challenged refusal of the registering authority to accept her sale deed over land in Karimnagar district. The court disposed of the petition directing the Registering Authority to receive, register and release the document subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1999.

What did the court decide?

Registering Authority directed to receive, register and release the sale deed subject to compliance with the Registration Act, 1908 and Indian Stamp Act, 1999; no costs.

Smt. Mothe Sujatha Vs The State of Telangana — Property and Title | Telangana HC (2025)

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[³³⁰² ]

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IN THE HIGH COURT FOR^{THE STATE OF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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FRIDAY, THE THIRTEENTH^{DAY OF JUNE} TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{K. SARATH}

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WRIT PETITION NO:^{16031 OF 2025}

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Between:

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Smt. tr/lothe Sujatha, Wo Tirupathi^{Reddy, Aged about57 years, Occ Housewife,} Rio H.No.9-7-25. Ramnagar, Karimnagar,^Telangana.

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...PETITIONER

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AND

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1 The State of Telangana. Rep by^{its Principal Secretary, Registrationand} Stamps Departmen"t, Or.S.R. Rmneakar^{TelanganaSecretariatHyderabad'}

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The District Collector, Karimnagar,^{Karimnagar District.}

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3 The Tahsildar and Joint Sub Registrar,^{Gangadhara Mandal, Karimnagar} District.

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,,.RESPONDENTS

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Petition under Article 226 of the^{Constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High court may be} pleased to issue, writ, order or direction especially^{one in the Natureof writ of} Mandamus declaring the action of the^{3rd respondent in not receiving, registering} and releasing the sale deed^{presented by the petitionerin respectof open Iand} admeasuring^.12100 sq.yards^{or 10117.14square meters in sy.No.640/2,situated} at Ramadudu village, Gangadhara^{tVlandal,KarimnagarDistrictwithin the limitsof} Ramadudu Gram Panchayat under^{the jurisdiction of Sub-DistrictRegistration} Gangadhara and Registration^{District Karimnagar presentedby the petitioner} pending the registration of sale deed as^{illegal, arbitrary, unjust,unreasonable} against the^principles of natural^{justicekeepingalso illegal and arbitraryand} consequently direct the 3rd respondent^{to receive, registerandreleasethe sale} cleed^presented by the^petitioner in^{respect of open land admeasuring12100} sq.yards or 10117.14 square^{meters in Sy.No.640/2,situatedat Ramadudu}

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Village, Gangadhara lVlandal, Karimnagar District within the limits of Ramadudu Gram Panchayat under the.jurisdiction of Sub-District Registration Gangadhara and Registration District Karimnagar presented the petitioner in the interest of justice.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the petition, the High Court may be^pleased to direct the 3rd respondent to receive, register and release the sale deed^presented by the petitioner in respect of open land admeasuring 12100 sq.yards or 10117.14 square rneters in Sy.No.640/2, situated at Ramadudu Village, Gangadhara Mandal, Karimnagar District within the limits of Ramadudu Gram Panchayat under the^jurisdiction of Sub-District Registration Gangadhara and Registration District Karimnagar presented the^{petitioner, pending} disposal of the main writ petition.

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Counsel for the Petitioner : SRI Y.BALA MURALI

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Counsel for the Respondents: ASST.GP FOR STAMPS 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.16O3 1 of 2025

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ORDER:

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Heard learned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

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2' Aggrieved by the action of the respondent No.3 herein in not receiving, registering and releasing the Sale Deed presented by the petitioner in respect of open land admeasuring to an extent of l2lOO square yards or 1O117.14 square meters in Sy.No.640/2, situated at Ramadudu Village, Gangadhara Mandal, Karimnagar District within the limits of Ramadudu Gram panchayat under the jurisdiction of Sub_District Registration Gangadhara and Registration District Karimnagar presented by the petitioner pending the registration of Sale Deed, the petitioner filed the present writ petition.

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Learned Assistant Government pleader for Stamps and Registration submits that without presenting the

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sr(, J W.P.No.16037 of 2025

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document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same ald follow the procedure as contemptated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908').

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-..

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

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Reasons for refusai to register to be recorcled.--

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(1) trvery Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his subdistrict shal1 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.

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(2) No registering oflicer shail accept for registration a document so endorsed unless and until, under the provr sions hereinafter contained, the document is directed to be registered.

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In vieu, of the above made submissions coupled with the provisirirl under Section 71 of the Act, 1908, this writ

I \

sr, J W.P.No.76O37 of 2O2S

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petition is disposed of directing the Registering Authorit5r 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, 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 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 shall 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/-P. PADMANABHA RE DDY EPUTY REGIS ,TRUE COPYII SECTION OFFICER

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To, SECTION OFFICER 1 . Ambedka The^princi rpal TelanganaSecreta ry, SecrReetariat,state gistration and of StampsTelang A,Hepartyderabadment, Dr.B.R. 2 The District Collector, Karimnagar, Karimnagar District

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3 TheJahsildar and Joint Sub Registrar, Gangadhara Mandal, Karimnagar

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One CC to SRt y.BALA MURALI, Advocate. tOpUCl

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' s[?"Ti:",,ff 13[o";1'"t^{ANDREGrsrRArroN,} High cou( ror the

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Two CD Copies. BSK *f

HIGH COURT

DATED:1 3106t2025

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ORDER

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WP.No.16031 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Smt. Mothe Sujatha v. The State of Telangana

Case brief

What is this about?

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Smt. Mothe Sujatha v. The State of Telangana

Case brief

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What did the court decide?

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