Disposed

Sri Dantam Venkataramana v. The State of Telangana

Telangana HC2 Jul 2025WP/18533/2025

Case brief

AI extract

What is this about?

Writ petition challenging refusal to receive and register a sale deed. Court disposed it at admission, directing the Registering Authority to receive, register and release the document subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899, with liberty to refuse by reasoned order.

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, 1899; no costs.

Sri Dantam Venkataramana Vs The State of Telangana — Property and Title | Telangana HC (2025)

¶1

t³³⁰²¹

¶2

H|GH couRr^t?T TELANGANA I+EDEJIIEoF (SPecial Original^{Jurisdiction)}

¶3

WEDNESDAY, .._TWO^{THE SECOND DAY OF JULY} THOUSAND^{AND TWENTYFIVE}

¶4

¶5

PRESENT

¶6

THE HONOURABLE^{SRI JUSTICE K. SARATH}

¶7

WRIT PE^{TITIONNO:18533oF 2025}

¶8

Between:

¶9

Sri Dantam^{Venkataramana,S/o Sri Dantam RambabuAoed about39 years'Occ:} Business, R/o.^{H.No.4_1 _25i,i;d; il;d;;s; s;iiiutalnnohraPradesh}

¶10

.....PETtTIONER

¶11

AND

¶12

1 The State of^{Telangana,Rep- by its Principal Secretary' Registrationand} iiI",rpt'o#*#nt^{i"tani'n' secretariatHvderabad}

¶13

2 The District^{Registrar, Reg'stration and Stamps Department' Sanga Reddy} District

¶14

3 The sub Reqistration^{office, Rep by sub-Registrar, Registration and stamps} OepartmentJsanga^{ReddY District}

¶15

.,...RESPONDENTS

¶16

Petition Under^{Article226 ot the Constrtutionof lndia praying that in the} circumstances^{statedin the affidavitfiledtherewith' the High Court may be} pleased lo^{prs an order or ordersone in the natureof WRIT OF MANDAMUS} declaring the^{action of Respondent No'3 for not receiving' processing and making} registration^{of the Sale Deeddated in respectof the petitioner property bearing} Gram^{panchayatNo. 14-4511 l2t4,lying and forming part of SurveyNo 1047/EE'} admeasuring^{and comprising on an area of 2419'44sq yards or equivalentto} 2022.8g sq^{meters., including Private common passagearea' situatedar} Ameenpur village,^{Ameenpur Mandal and GramPanchayeit'presently underR C'} Puram and Patancheruvu^{of circle GHtvlc, Sangareddy District, T S , inspiteof} generating challan^{and declare the action of the respondents as totally illegal'} arbitrary,^U nconstitutio^{nal, and against the provision of principalof natural Justice}

¶17

lndia.and vioration of municipar raws and vioration of Article 300-A tc, the constitution of

¶18

LA.NO:1 OF 2025

¶19

' Petition Under Section 1 51 cpc praying that in the circL rnstances stated in the affidavit fired in support of the petition, the High court rnay be preased to direct the responc'ent No 3 to receive, process and make registration of the Sare Deed in respect of the petitioner property bearing Gram pzrnchayat No. 144511/2/4. lyrng arrd fornlrng part of Survey No. 1047lEE, admeasuring and comprising on an area of 241g.44 sq yards or equivalent to 2().,22.8g sq meters., including private corrmon passage area, situated ar Mandarand Gram panchayat, presenry under R.c :ffi::JH:H[iT:; circle GHMC' sanga reddy District, T.S.., inspite of generating charan pending disposal of the mair writ petition. ,.

¶20

Counsel for the petitioner : SRI SURESH SHIV SAGAR

¶21

Counsel for the Respondents : AGp FOR REVENUE

¶22

The Court at the stage of admission made the following ORDER

¶23

¶24

THE HONOURABLE^{SRI JUSTICE K.SARATH}

¶25

WRIT PETITION^{No.18533 of2o25}

¶26

ORDER:

¶27

Heard learned^{counselfor the petitioner and learned} Assistant Government^{Pleaderfor Stamps and Registration} appearing for^{the respondents and perused the material on} record. With^{their consent, this writ petition is disposed of} at the stage of^admission.

¶28

Aggrieved^{by the action of the respondentNo'3 in not} receiving,^{processingand making registrationof the Sale} Deed in respect^{of the petitioner'sproperty bearingGram} panchayat No.14-45/ll2l4,^{lying and formingpart of} Survey No. 1047/EE,^{admeasuring and comprising on an} arrea of 2+lg.OO^{squareyards or equivalent to 2022'89} square meters, including^{Private common passegearea,} situated at Ameenpur Village and^{Mandal and Gram} Panchayat, presenfly under R.C. Puram^{and Patancheruvu} of circle GHMC, Sanga Reddy District,^{the petitioner hled} the present writ petition.

¶29

srr, J w,P.No.78.533 of 2025

¶30

¶31

Learned Assistant Government Pleader lirr^Stamps and Registration submits that^{withoutprest:ntingthe} document, the petitioner has^{approached thisCourt} seeking registration of the document.^{If the petitioner} presents the same before the Registering^{aur-Lrority, the} respondents will receive the^{same and followthe procedure} as contemplated under Section^{71 of the Registration Act,} 1908 (for short, 'the Act,^1908')

¶32

The Section 71 Of the Act, 1908,^{readsas fcrllows:}

¶33

Reasons for refusal to^{register to be recorded.--}

¶34

(1) trvery Sub-Registrar^{refusing toregls'tera} documenl, except^{on the groundthat the propcrty to} which it relates^{isnot situatedwithin his sub-} district sha1l^{make an order of.refusal and reccrded} his rcasons^{for such order in his Book No'12' and} t endorsc the^{words "registration refused"oltthe} document;^{and, on application madeby any person} executing or^{claiming under the document' shall'} without payment^{and unnecessarydelay, give him a} copY of the^{reasons so recorded'}

¶35

(2) No registering^{officer shall acceptfor registration} a document^{so endorsed unless and until' under the} provisions^{hereinafter contained,the documentis} dir( cted to^{be registered.}

¶36

\ \

¶37

¶38

sr(, J W.P,No.78533 oJ 2025

¶39

In view of the above made submissions^{coupled with} the provision under Section 71 of the Act,^{1908, this writ}

¶40

petition is 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 assrgnlng reasons ln 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^petitionerto get the subject document registered. There shaLl^{be no} order as to costs.