Sukka Balaraju Vs The State of Telangana

1 The State of Telangana, Rep.by its Principal Secretary, Department of Revenue (Stamps and Registration), Dr.B-R.Ambedkar Telangana Secretariat at Hyderabad.

¶12

The District Collector, Jangaon District, Jangaon.

¶13

The District Registrar, Stamps and Registration Departn.cmt, Jangaon District.

¶14

The Tahsildar and Joint Sub-Registrar, Zaffargadh Mandal, Jangaon District.

¶15

...RESPONDENTS

¶16

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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of MANDAMUS declaring the action of the, respondents more particularly the action of the 4th respondent in not receiving, registering and not releasing the sale deed presented by the petitioner pertaining to the Agricultural land in an extent of Ac.1.23 guntas situated in Sy.No.161/8/13, Konaichalam Village Zaffergadh lVlandal, Jangaon Dishict and consequential action in adjudicating the title dispute vide proceedings issued in Rc.No.8/30412025, dated 12-06-2025 and proceedings Rc.No.B/40212025, dated 27-06-2025 as illegal, arbitrary, without^jurisdiction and violative of principles of natural justice and also

¶17

violative of Articles 14, 21 and 300-4 of the constitution of lndia and also violative of the provisions of Registration Act, 'r 90g apa( from viorativ. of the ratio raid down by this Hon'bre court and consequenfly direct the 4th resp:ndent to receive, register and release the sare deed presented by the petitioner pertaining to the subject property and also to pay costs and compensation.

¶18

lA NO: 1 OF 2025

¶19

Petition under section 1 51 cpc praying that in the circun stances stated in the affidavit filed in support of the petition, the High court may be preased to direct the 4th respondent to receive, register and rerease the sare deeci presented by the petitioner pertaining to the Agricultural land in an extent of Ac.1 .23 guntas situated in Sy.No.161/B/13, Konaicharam Viilage Zatfergadh Mandar, .langaon District, without reference to the notices issued in Rc. No. 8/304/2025, dated 12-06-202s and Rc.No.B/402r202s, dated 27-06-2025, pending disposar of thr., writ petition.

¶20

Counsel for the Petitioner: SRI VADLAKONDA RAVI KUMAR Rt:DDy

¶21

counsel for the Respondents: AGp FoR srAMps AND REGTSTRATION

¶22

The Court made the following: ORDER

¶23

THE HONOURABLE SRI JUSTICE K.SARATH

¶24

WRIT PETITION No.18935 of2025

¶25

ORDER:

¶26

Heard learned counsel for the petitigner and learned Assistant Government Pleader for 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 aclmission

¶27

Aggrieved by the action the respondent No.4 in not receiving, registering and not releasing the sale deed presented by the petitioner pertaining to the Agricultural iand to an extent of Ac. 1.23 guntas in Sy.No.L6L|B/I3 situated at Konaichalam Village, Zaffergadh Mandal, .Iangaon District, the petitioner hled the present writ petition.

¶28

Learned Assistant Government pleader for Stamps and Registration submits that without presenting the document, the^'petitioner has approached this Court seeking registration of the document. If the petition_er_

¶29

o

¶30

I 11r

¶31

slr, J W.P.No.^{tBg35o!' 2025}

¶32

presents the^{same before the RegisterlngauthoritY, the} respondents^{will receivethe same and folloq'1he procedure} as contemPlated^{under Section 71of the Re5;istration Act,} 1908^{(for short, the Act, 1908)}

¶33

4 The Section^{71 of the Act, 1908, readsas follows:}

¶34

Reasons^{for refusal to register to be recorder<l} -

¶35

ll )^{trvery Sub-Registrar refusing tort'gistera} document,^{except on the ground that the pl operty to} u,h ich it reiates^{isnot situatecl withir-r h issub} district^{shall makean order of refusal and recorded} his reasons^{for such order in his Book I'lo 2' and} end.orse the^{words "regisfration refusecl' ont he} document;^{and, on application made by ztr.typerson} execr-rting or^{claimingunder the documt rrt' shall'} u,ithout^{payment and unneccssarydelay' 51ive him a} copy of^{the reasons so recorded'}

¶36

(2) No registering^{officersha1l acceptfor rr:gistratton} a document^{so endorsedunless and until' under the} provisions^{hereinafter contained'the do:ument is} directed to^{be registered'}

¶37

In view^{of the above made submissiors coupled with} the provision^{under Section 71 of the Act' 1908' this writ} petition is d.isposed^{of directing the Registering Authority to} ter and release^{the subject dc'oument' subject} receive, regis

¶38

SIr, J W.P.No.7ags5^{ol 2O25}

¶39

3

¶40

to the^{petitioner complying with the provisions of the Act'} 1908 as^{well as the lndianStamp Act' 1899' It will be open} to the^{RegisteringAuthority torefuse the document} presented^{before him, if he has any objection' by duly} assigning^{reasons insupport of such decision and} communicatethesaid.decisiontothepetitioner.Itismade clearthatthisCourthasnotexpressedanyopinionon merits^{of the case as to the entitlement of the petitionerto} get the subject^{document registered'There shall be no} order^{as to costs.}

¶41

6 Miscellaneous^{Petitions, if anY'pending in this writ} petition shall^{stan-d closed'} Sd/. MOHD.MOHD. ISMATL

¶42

Sd/. MOHD.MOHD. ISMATL EPUTY^REG ISTRAR /ITRUE^COPY/I SECTION^OFFICER

¶43