Disposed

Veera Prasad v. The State of Telangana

Telangana HC24 Jul 2025WP/21516/2025

Case brief

AI extract

What is this about?

Writ petition disposed of at admission stage directing the Registration Authorities to receive and process the document presented by the petitioner, subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899, without expressing opinion on merits.

What did the court decide?

Directed to receive, register and release the subject documents subject to compliance with the Act, 1908 and the Indian Stamp Act, 1899.

Veera Prasad Vs The State of Telangana — Landlord and Tenant | 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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THURSDAY,THE TWENTY FOURTH DAY OF JULY 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 PE TITIO N NO: 21516 oF 2025

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Between:

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V^eer.a Pras-ad, S/o.Hanumantu, aged about 4g years, Occ. Business, r/o B-460, Caemt Street, Gadwat, .toguta"mmoi biitiiitli"rlhgana 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 Stamps) Department, Secietariat, ftyAeraOaO.'"

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2 The District Registrar, Gadwal, Jogulammba District, Telangana State. J The Sub-Registrar, Gadwal, Jogulammba District, Telangana State.

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...RESPONDENTS

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Petition under Articre 226 oI rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High col.t ina-y u" pr.ur"o to issue an appropriate writ, order or Direction, more particurarry one in the nature ofwrit of Mandamus, decraring the action of the respondent Nos.2 and 3 herein in refusing to receive and register the document presented oy tne petition", propurty bearing PIot Nos. r36 and_138 each prot consisting 60'x40" totar extent is .r599.96 sq'yards on survey No. 770 chenugonipaili Viilag-e, Gadwar rMandar, .rogulammoa District, Terangana state in.spite of [aying the re{uisite stamp duty uno ,Eti.ii"tion charges is being iilegar, arbitrary, unluit a-nd unconstitutionar^{'conslquentty"to-Jirect} the 2nd and 3rd Respondent herein to receive, register, process ano reiea.e tne docum.ent pertaining to the said property bearing p]ot Nos.136 and 138 each prot consisting 60 x40 totar . extent is t sgg.go^- sq.yards -District, on survey r.ro. zzo chenugonipalli virrage, Gadwar Mandar, Jogurammba Terangan, si"iu

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lA NO: 1 OF 2025

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Petition under section 1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ft,""High court may ue pGrruo lo" o'ir..t the 2nd respondent herein to receire, process, rJgister and rerease tr.r" Giu oeeo presented by the petitioner in respect of the property bearing prot Nos. iio uno

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138 each plot consistirrg 60'X40" total extent is 1599.96 sq.yards on survey No. 770 Chenugonipalli Villrage, Gadwal Mandal, Jogulammba Distri:t, Telangana State

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Counsel for the Petitic,ner: SRl. DANTU VENKATA RAMANA SARMA

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Counsel for the Respcndents: Ms. S. SRAVANTHI AGP FOR 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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I-IT PETITION No. 2L5l6 of 2o25

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ORDER:

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Heard Mr. D.V. Ramana Sarma, learned counsel for the petitioner and Ms. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing 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 inaction of the respondent Nos.2 & 3 in refusing to receive, register the document presented by the petitioner bearing plot Nos. 136 and 13g, each plot consisting 60" x 40" total extent is 1599.96 Sq.yards on Surwey No.770 situated at Chenugonipalli Village, Gadwal Mandal, Jogulamaba District, the petitioner filed the present writ petition.

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Learned Assistant Government pleader for Stamps and Registration submits that without presenting the subject documents, the petitioner has approached this Court seeking registration of the said documents. If the

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SK, J wP 2 15 16 2025

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petitioner p:esent the same^{belore theRegistering} authority, the respondents^{will receive the sztme and follow} the procedtlre as contcmplated^{under Section 7l of the} Registration l\ct, 1908^{(for short, 'the Act, 19()8J.}

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The Sec.jon 71 of the^{Act, 19O8, reads as follows:}

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Reasons for relusal to^{rcgistcr-to bc recorded.-}

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( 1) Every Sub-Registrar rcfusing^{tor3gister a} docune nt, except on Lhc^{ground Lhatthe pr-operty to} whi<:h it relates is not situatcd^{rvithin hissub} distr-it:t shall makc an order^{of refusaland recorded} his re asons for such ordcr in^{his Book l{o.2, and} endorse the words "registrzrtion^{refused" onthe} docunent; and, on application^{made by a1y person} execu[ing or claiming under thc^{docume nt,shall,} witho rt payment and unneccssary^dclay, 61ive^{him a} copv of the reasons so^rccorded.

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(2) Nc registering olficcr shall accept^{for registration} a doc'rment so endorscd unless^{and until, under the} provis,ions hereinafte r coutaincd, the^doc ument^is dirccted to be registercd.

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In r.ierv of the above^{made submissions coupled with} the provision under Section^{71 of the Act, t908, this writ} petition is clir;posed of directing the Registering Authority^to receive, rcglster and release thc subject documents, subject

SK, J wP 21516 .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 asslgnrng reasons 1n 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 documcnts registered. There shall be no order as to costs.

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Miscellaneous Petitions, if any, pending in this writ

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petition shall stand closed.

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SD/.B. REKHA RANI ISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1 . The Principal Secretary, Revenue^{(Registrationa} Stamps) Department, Secretariat, Hyderabad.

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

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

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4 One CC to SRl. DANTU VENKATA RAIVANA^{SARMAAdvocate} [OPUC]

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5 Two CCs to GP FOR STAMPS AND REGISTRATION ,High^{Court forthe} State of Telangana. [OUTI

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6 Two CD Copies

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KKS LS

HIGH COURT

DATED:24107112025

ORDER

WP.No.21516 of 2025

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DISPOSING TTIE WRIT PETITION
WITHOUT CO$TS
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t0

Veera Prasad v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Veera Prasad v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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