S/o. M. Soma Ra.ju, Presently Residing at…
Registering Authority to receive, register and release the document presented, subject to compliance with the Acts; refusal only with recorded reasons.
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[3302 ]
IN THE HIGH COURT FOR TH STATE OF TELANGANA AT HYDE BAD (Special Origina Jurisdiction)
t\iIONDAY, THE FOUR DAY OF AUGUST TWO THOUSAND A D TWENTY FIVE
PRES NT
THE HONOURABLE SRI USTICE K. SARATH
WRIT PETITION N :22846 OF 2025
Between:
Mandagadla Prasad, S/o. M. Soma Ra.ju, ed about 44 years, Occ ; Business, Presently Residing at Plot No.5. Sy 236/4, Gagillapur Village, Dundigal Municipality, Dundigal - Gandimaisamma andal, [Vledchal - Malkajgiri District, TG Permanent Address. R/o. H.No.2-'16, Ne r Govt School, Kalavala Palli Village, Chagallu lVlandal, West Godavan Dist, AP.
.....PETITIONER
AND
.....RESPONDENTS
Petition Under Article 226 of the nstitution of lndia praying that in the circumstances stated in the affidavit fil therewith, the High Court may be pleased to issue writ order or direction m particularly one in the nature of Writ of Mandamus declaring the action of the espondents No.4 herein in refusing to receive and register memorandum of d osit of title deeds in respect of the petitioner's Plot bearing No.91/4, admeas ring 153.0 Sq.Yards or 127.9 Sq.tr/trs, in Survey No.748, situated at Dundigal V lage, Dundigal Municipality, DundigalGandimaisamma Mandal, Medchal - IV'la kajgiri District, without assigning any reason has been illegal arbitrary un.iust d un constitution and contrary to the
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section 7'1 of Registration act 1908 and consequently direct the respondents to receive the Memorandum of Deposit of Title Deeds that may be submitted by the petitioner in respect of the subject matter land and return the same after registering, in the interest ofjustice.
|.A.NO:1 OF 2025
Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the respondents to receive, register and return the lVlemorandum of Deposit of Title Deeds that may be submitted by thepetitioner in respect of Plot bearing No.91/4, admeasuring 153.0 Sq.Yards ot 127.9 Sq.Mtrs, in Survey No.748, situated at Dundigal Village, Dundigal tvlunicipality, Dund igal-Gandimaisamma Mandal, tVedchal -Malka.igiri District, in the interest of iustice
Counsel for the Petitioner : SRI A.GOPALA KRISHNA
Counsel for the Respondents : SMT S.SRAVANTHI, AGP FOR REVENUE
The Court at the stage of admission made the following ORDER
THE HONOURABLE S JUSTICE K.SARATH
WRIT PETITI ON .22a46 of 2025
ORDER:
Heard A. Gopala Krish a learned counsel for the petitioner and Smt. S.Sr vanthi, learned Assistalt Government Pleader for Stam and Registration appearing for the respondents. With their consent, this Writ Petition is disposed ofat the stage ofadm ssion itself.
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respondents will receivethe same and follorv the procedure as contemplated underSection 71 of the Registration Act, 1908 (for short,'the Act,1908J.
Reasons for refusalto registerto be recorded.-
(1) Every Sub-Registrar refusing toregistera document, except onthe groundthat the propertyto which it relates is notsituatedwithir-rhis sub district shal1 make anorder of refusal and recorded his reasons for suchorder in his BookNo.2, and endorse the words "registrationrefused" cn thc docurnent; and, on applicationmade by any person executing or claiming underthe document,shaii, without payment and unnecessarydelay, give him a copy of the reasons sorecorded.
(2) No registering ofhcershall acceptfor registratton a document so endorsedunless and unti1, under the provisions hereinafter contained,the documentis directed to be registered.
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property, subject to the pe tioner complying with the provisions of the Act, 1908 as 1l as the Indian Stamp Act, 1899. It will be open to the R gistering Authority to refuse the document presented befor him, if he has any objection, by duly assigning reasons in upport of such decision and communicate the said decisio to the petitioner. It is made clear that this Court has no expressed any opinion on merits of the case as to the e titlement of the petitioner to get the subject document re stered. There shall be no order as to costs.
petition shall stand closed.
\
SD/.A. PRATHIMA DEPUW REGISTRAR //TRUE C il thi
SEc+roh oFFIcER
To
SA GJP s
HIGH COURT
DATED:0410812025
. r,, t grar€
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So-,16irf
ORDER
WP.No.22846 of 2025
DISPOSING OF THE W.P
AT THE STAGE OF ADMISSION
WITHOUT COSTS.
(grrP;et'
af
I
1 issue framed by the court
Whether the Registering Authority must receive and register the petitioner's memorandum of deposit of title deeds despite prior refusal without reasons?
3 provisions across 3 enactments
Mandagadla Prasad
The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps)
The Commissioner and Inspector General, Registration and Stamps, Government of Telangana
The District Registrar, Registration and Stamps, Medchal-Malkajgiri District
The Sub-Registrar, Registration and Stamps, Quthbullapur, Medchal-Malkajgiri District
K. Sarath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
