M. Chinna Narasimulu Vs The State of Telangana

It/. Chinna Narasimulu, S/o. IM. Narasappa,^{Aged about 68 years, Occ.} Business, Rlo. 5-2-17, Atkarpeta,^{Kistareddy Bunglow, Gadwal, Jogulammba} District, Telangana State.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by^{its Principal Secretary, Revenue} (Registration and Slamps) Depdrtment, Secretariat,^Hyderabad.

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2 The District Registrar, Gadwal, Jogulammba^{District,TelanganaState.}

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J The Sub-Registrar, Gadwal, Jogulammba^{District,TelanganaState.}

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...RESPONDENTS

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Petition under Article 226 ot 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^{D_irection,more particularlyone in} the nature of Writ of Mandamus, declaring^{the action of the respondent No.2 and 3} herein in refusing to receive and register^{the document presented by the petitioner} property bearing Plot Nos. 90,91,93,133 and 134,135^{each plot consisting 60"X40'tnc{''€A} iotal eiient is 1599.96 sq.yards^{on survey No.770 Chenugonipalli Village,Gadwal} tVlandel, Jogulammba District, Telangana^{State in spite of paying the requisite} stamp duty and registration^charge is^{beingillegal, arbitrary, unjust and} unconstitutional consequent[y to direct^{the 2nd and 3rd Respondent hereinto} receive, register,^process and release^{the documentpertaining to the said property} .* bearing Plot Nos. 90,91,93,134,135^{and 136 eachplot consisting60"X40"^ total} extent is 1599.96 sq.yards on survey^{No. 770 ChenugonipalliVillage,Gadwal} Mandal, Jogulammba District, Telangana^State

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the c rcumstances^statedin the affidavit filed in support of the^petition, the High Court^{mrlybe pleased to direct} the 2nd respondent herein to receive,^process, register and^{releasethe Sale Deed} presented by the petitioners in respect of the property bearirg Plot Nos. 90,91 ,93' 133, 134, and 135 each^plot consisting 60"X40" total extent^{s 1599.96 sq.yards on} survey No. 770 Chenugonipalli Village, Gadwal Mandal,^{JogulammbaDistrict,} Telangana State

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Counsel for the PetitioNEr: SRI. DANTU VENKATA RAMAI\IA^SARMA

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Counsel for the Respondents: Mrs. S. SRAVANTHI AGP^{Frf,R 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 PETITIO^{N No.2 L479 of 2025}

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ORDER:

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Heard Mr. D.V.^{Ramana Sarma, learned counsel for} the petitioner and^{Mrs. S'Sravanthi, learnedAssistant} Government^{Pleaderfor Stamps and Registrationappearing} 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^{inactionof the respondent Nos'2 & 3} in refusing to^{receive,register the d'ocument presented by} the petitioner^{in respect of the property bearing Plot Nos'9O'} 91, 93, 133,^{134 anC 135 each plot consisting60" x 40"} total extent is^{1599.96 Sq.yardsin Survey No'770 situated} at Chenugonipalli^{Viilage, Gad'wal Manda-l' Jogulamaba} District, the^{petitioner filed the presentwrit petition'}

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Learned Assistant^{Government Pleaderfor Stamps} and Registration^{submits that withoutpresenting the} subject documents,^{the petitioner has approachedthis} If the Court seeking registration^{of the said documents'}

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2

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SK, J wP 21479 2025

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petitioner present the sarne before the Registering authorit1/, the respondents will receive the same and^follow the procedure AS contemplated under Section 7L of the Registrat.ion Act, 1908 (for short, the Act, 1908).

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TheSection 71 of the Act, 19O8, reads as follows

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Itcasons for refusal to register to be recordcd.-

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(1) Every Sub-Registrar refusing to rcgister a <locument, except on the ground that th( property to rvhich it relates is not situated withit'r his sub<listrict shall make an order of refusal a-rd re corded his reasons for such order in his Bool.: No.2, and <:ndorse the words "registration refus:d" on the tlocument; and, on application made by any person t:xecuting or clarming under the docur ncnt, shall, rvithout payment and unnecessary delay, give him a r:opy of the reasons so recorded.

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(2) No registering officer shall accept for registration a document so endorsed unless and unti[, under the Jrrovisions^{hereinafter contained,the clocument is} <lrrected to be registered.

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In rriew of the above made submissions coupled with the provrsion under Section^'/1 of the Act 1908, this writ petition is disposed of directing the Registeling Authority to receive, register and release the subject do< uments, subject

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SK, J wP 21479 2025

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 documents 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 documents registered. There shall be no order as to costs.

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