Disposed

Sri Pedasanaganti Satyanarayana v. The State of Telangana

Telangana HC14 Jul 2025WP/20030/2025

Case brief

AI extract

What is this about?

Writ petition challenging refusal to receive and register a sale deed for a Jubilee Hills apartment on the basis of a departmental memo. Court disposed of the petition at admission, directing the Registering Authority to receive and register the document subject to compliance with the Registration Act, 1908 and Indian Stamp Act, 1899.

What did the court decide?

Direction to Registering Authority to receive, register and release the sale deed subject to statutory compliance; no costs.

Sri Pedasanaganti Satyanarayana Vs The State of Telangana — Property and Title | Telangana HC (2025)

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[³³⁰²¹

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rE:ANGANA H|GH^{couRr t?T} I+ED8It;isF (speciai'Oiiginal^{Jurisdiction)}

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IilONDAY,^{THE FOURTEENTH DAY OF JULY} '''"1ilo'ino-usAND AND TwENTY^FlvE

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PRESENT

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THE HONOURABLE^{SRI JUSTICEK' SARATH}

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WRIT P^{ETITIONNO : 20030} o F 2025

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Between:

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,il',1;i33?Ji,g1i3,'.T'[1",'#:%;r',7 ifttriffis:if;E:.tr#ffifl:l a - 500033.

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.....PETITIONER

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AND

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I . rhe state^{or reransana,Rep ,,J,:TL,.,t[S..:?'":letary' stamps and} Registration^DePartment'

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2 .TheCommissionerandlnspectorofGeneralofRegistrationandStamps, Hyderabad.

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3 The Sub-Registrar,^{BanjaraHills(1604)' Hyderabad}

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.....RESPONDENTS

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PetitionUnderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances^{stated in the affidavit filedtherewith' the High Court maybe} pleased to^{issue a Writ, Order or direction more particularly one in the natureof} writ ot^{lvrandamusdecraringthe action of the respondent no.3 in refusing to} receive,^{register and release the Sale Deeddated17 01 2025 presented by the} petitioner in^{respect of residential apartmentflat bearing no 202' on 2nd floor'} Ivlunicipal^{bearing door no 8-2-2g3tEr175t202(PTINNo 1180810255)havingbuilt} up area of^{1016 sq. ft, (including common area and car parking) undividedshare} of admeasuring^{25 sq. yards out of total 250 sq' yards in the building complex} named as^{Akshya Homes in Survey No'4O3/part'T'S' No' 2' Block B' Ward No 9'} situatedatGayatriHills,JubileeHills'Hyderabad'Telangana(hereinafter referred^{as subject property) on the ground of Memobearing No'G2125712019'}

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r.rrr-r-}F'

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dated 26 0g 2020 issued by respondent no.2 as iregar, arbitrary and contrary to the provisions of the Registration Act,1 g0g and consequenry direct the respondent no 3 to receive,. register and rerease the Sare Deed dated 17 .01 .2025 presented by the petitioner in respect of residentiar apadment frat bearing no. 202' on 2nd froor' Municipar bearing door no. 8-2-2s3rVr75/202 (prN No. 1180810255) having buirt up area of 1016 sq. ft, (incruding common area and car parking) undivided share of admeasuring 25 sq- yards out of totar 250 sq. yards in the building complex named as Akshya Homes in Survey No.403/part, T.S. No.2, Block B, Ward No.9, situated at Gayatri Hills, Jubilee Hills, Hyderabad, Telangana without reference to the Memo bearing No.G2l257/2019, dated 26'08'2020 issued by respondent no.2 as directed in wp.N,:s.34g 22 0f 2021 and batch dated 08 04'2025 and arso in wp.Nos. 328 0f 2022 and batch dated 18.02.2022.

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l.A.NO: 1 oF 2025

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Petition Under Section .151 CpC praying that in the circum stances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the respondent no_3 to receive, register and release lhe Sale Deed dated 17.01 .2025 presented by the petition er rn respect of resid,3ntial apartment flat bearing no. 202. on 2n d floor, [Vu nicipal bearing door no. B_2.2g3tBl7Sl2O2 (PT|N No. 11808'1025S) having buitt up area of 101 6 sq. ft, (including common area and car parking) undrvided share of admeasuring 25 sq. yards cut of total 250 sq yards in the building complex named as Akshya Homes in lSurvey No.403/part, T.S. No. 2, Btock B, Ward No. 9. situated at Gayatri r{ills, Jubilee Hills, HyderabaA Telangan a without refere nce to the l.4emo bearirrg No.G 2t257120 '19, dated 26.08.2020 issued by respondent no.2 as directed ir wp.Nos.34922 of 2021 and batch dated o'.o4.2o2s and arso in wp.Nos.328 of 2022 and batch dated 18.02.2022 forthwith pending disposal of the above writ petition.

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Counsel for the^petitioner : SRI U.SANTOSH KUMAR counsel for the Respondents : Ms. S.sRAVANTHT, AGp FoR REVENUE The Court at the stage of admission made the following ORDER

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THE HONOURABLE^{SRI JUSTICE K'SARATH}

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WRIT PETITION^{No.20030of2o2s}

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ORDER:

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Heard learned^{counsel for thepetitionerand} Ms. S.Sravanthi,^{Iearned'Assistant GovernmentPleader for} Stamps and^{Registrationappearingfor the respondents and} perused the^{material on record' With their consent' this} writ petition^{is disposed of at the stage of admission'}

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Aggrieved by^{the action of the respondentNo'3 in} refusing^{to receive,register and releasethe Sale Deed dated} 17.O1.2C)25^{presentedby the petitionerin respect of subject} property situated^{at GayatriHills' Jubilee Hills' Hyderabad'} on the^{ground' of Memo bearing No'G2125712019' dated} 26.os.2o2oissrredbytherespondentNo.2,thepetitioner hled the Present^writ Petition'

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Learned Assistant^{Government Pleader for Stamps} and Registration^{submitsthat without presentingthe} document,^{thepetitionerhas approached thisCourt} sceking registration^{ofthe document' Ifthe petitioner}

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sx, J W.P.No.2OOSO of 2025

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presents the same before the Registering authority, the respondents will receive the same and follov,, the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 19OBJ

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

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Reasons for refusal to register to be record,:cl.-

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(1) Every Sub Registrar refusing to registcr a document, except on the ground that the property to which it relates is not situated rvithin his subdistrict sha11 make an order of refusal anrl recorded his reasons for such order in his Book No.2, and endorse the words "registration refusecl,, on the document; and, on application macle by any person executing or claiming under the documr:nL, shall, without payment and unnecessary delay, 13ive him a copy of the reasons so recorded.

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(2) No registering officer shall accept for rr:gistration a document so endorsed unless and until, under the provisions hereinaftcr contained, lhe document is directed to be registered.

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In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to

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{

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SK, J w.P.No.2ooso^{of 2025}

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receive, register^{arrd release the subject document'subject} to the petitioner^{complyingwith the provisions of the Act'} 1908 as well as^{the Indian StampAct, 1899' It will be open} to the Registering^{Authority torefuse the document} presented before him,^{ifhe has any objection, by duly} assigning reasons^{insupport ofsuch decisionand} communicate the^{said decision to the petitioner' It is made} clear that this^{Court has not expressedany 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,ifany, pending in this writ} petition shall stand^closed'

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ALI BAIG SD/. M,^OSMAN ASSISTANT^RE IST AR

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//TRUE^COPYi/

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SECT N OFFICER

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'o ,.^{,n" Principal Secretary'QtanlOs;ndRegistration Department' Secretaria} State of^relansana "ll''l$3:fl?"f General of Resistration and stamps'

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1. The^{Commissionera} Hvderabad.

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I +[:1*t'i'J'EbfiHlli?l$EIL?3frtlJl?i?1f,3 '"" or re ansana^at

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r. 3I1"3t?S^{JR,u,l].o*'otnKUtvAR' AdvocatetoPUCl}

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Two^{CD CoPies}

SA o T

HIGH COURT

DATED:14107t202s

ORDER

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WP.No.20030 of 2025

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DISPOSING OF THE W.P

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AT THE STAGE OF ADMISSION

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WITHOUT COSTS.

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Sri Pedasanaganti Satyanarayana v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri Pedasanaganti Satyanarayana v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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