Allowed

Smt. Makkala Bhavani, v. The State of Telangana

Telangana HC4 Aug 2025WP/22849/2025

Case brief

AI extract

What is this about?

The Court disposed of the writ petition directing the Registering Authority to receive, register, and release the memorandum of deposit of title deeds presented by the petitioner, subject to compliance with the Registration Act and Stamp Act. The Court clarified it expressed no opinion on the merits of the petitioner's entitlement.

What did the court decide?

Directing the Registering Authority to receive, register and release the subject document presented by the petitioner.

Smt. Makkala Bhavani, Vs The State of Telangana — Property and Title | Telangana HC (2025)

¶1

[³³⁰²¹

¶2

HIGH COURT FOR THE STATE OF ELANGANA AT HYDERABAD (Special Original urisdiction)

¶3

IVONDAY, THE FOURT DAY OF AUGUST TWO THOUSAND AN TWENTY FIVE

¶4

PRESE T

¶5

THE HONOURABLE SRI J STICE K. SARATH

¶6

WRIT PETITION NO: 2849 0F 2025

¶7

Between:

¶8

Smt. MAKKALA BHAVANI, W/o. JA ACHANDAR, Aged about 33 years, Occupation Housewife, Resident of ouse No 11lP, Sai Maruthi Enclave, Chandana^ga r, Seril ingampally IVla nd al, RR Dist. TG.

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana, Rep. by its Pri cipal Secretary, Revenue (Registration and Stamps), Secretariat, Hyderabad

¶12

The Commissioner and lnspector Gene al, Registration and Stamps, Government of Telangana, Mojamjahi arket, Hyderabad.

¶13

The District Registrar, Registration and tamps Medchal-Malkajgiri District

¶14

The Sub-Registrar, Registration and St mps Quthbullapur, Medchal-Malkajgiri District.

¶15

...RESPONDENTS

¶16

Petition under Article 226 of the Co stitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the r spondent No.4 herein in refusing to receive and register memorandum of de osit of title deeds in respect of petitioner's House No 42-39711, (PTIN No 11 51801981 ), in Survey No 348/1 , Admeasuring 80.0 Sq yards or 66.88 Sq.lVtr ,^{with a built-up areaof 200 Sq.Feet} of A.C.C. Roofing situated at Anjaiah Naga , Quthbullapur^{village, Quthbullapur} Mandal, uncle GHIVIC Quthbullapur circle, edchal - Malkajgiri Dist, Telangana State, without assigning any reason has been illegal, arbitrary, unjust, un constitutional and contrary to the Section 71 of Registration Act 1908 and consequently direct the respondents to rec ive the memorandum of deposit of

¶17

title deeds in respect of petitioner's house and register the same in the interest of justice.

¶18

lA NO: 1 OF 2025

¶19

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to receive and register the memorandum of deposit of tifle deeds in respect of petitioner's house No 42-39711 (pIN No.1151801981). in Survey No 348/'1 , Admeasuring 80.0 Sq yards or 66.88 Sq Mtrs, with a built-up area of 200 sq.Feet of A.c.c. Roofing, situated at Anjaiah Nagar, euthbullapur village. Quthbullapur IVlandal, under GHMC euthbullapur circle, Medchal - Malkajgiri Dist, Telangana State, in the interest of lustice.

¶20

Counsel for the Petitioner : SRt A.GOpALA KRISHNA

¶21

Counsel forthe Respondents : MS.S.SRAVANTHI, AGp FOR STAMpS & REGISTRATION

¶22

The Court made the following: ORDER

¶23

-------7 /

¶24

THE HONOURABLE SRI STICE K.SARATH

¶25

WRIT PETITION N 22849 of 2025,

¶26

ORDER:

¶27

Heard A. Gopala Krishn learned counsel for the petitioner and Smt. S.Srav thi, learned Assistant Government pleader for Stamps d Registration appearing for the respondents. With their c nsent, this Writ petition is disposed of at the stage of admis ion itself.

¶28

Aggrieved by the action of r spondent No.4 in refusing to receive and register memor dum of deposit of title deeds in respect of petitioner,s ouse No. 42-397/1 (PTIN No.1151801981), 1n Sy.No.348 1 admeasuring 8O.0 Sq. Yards, situated at Anjaiah Nagar, Quthbullapur Village and Mandal, under GHMC euthb llapur circle, MedchalMalkajgiri District, the petition r filed the present writ petition.

¶29

Learned Assistant Govern ent Pleader for Stamps and Registration submits that without presenting the subject document, the petitioner as approached this Court seeking registraticn of the said d ument. If the petitioner

¶30

¶31

¶32

presents the same before the Registering authority, the respondents will receive the same and iollour the procedure as contemplated under Section 71 of the Registration Act, 19O8 (for short, the Act, 1908J.

¶33

Section 71 of the Act, 19Og, reads as foilows:

¶34

Reasons for refusal to register to be rccordcd.-

¶35

( 1) Every Sub-Registrar refusing to rcgister a document, except on the ground that the property to which it relates is not situated rvithin his subdistrict shali make an order of refusal zrnd recorded his reasons fbr such order in his Book No.2, ancl endorse the words "registration rcfused', on the document; and, on application made b1, any person executing or claiming under the document, shall, without payment and unnecessary dela1,, give him a copy of the reasons so recorded.

¶36

(2) No registering officer shall abcept for registration a dcicument so endorsed unless and until, r-rnder the provisions hereinafter contained, Lhc clocument is directed to be registered.

¶37

In view of the aforesaid submissions coupled with the provision under Section T). of the Act, i9Og, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document that may

¶38

be presented by the petitione in respect of the subject property, subject to the peti oner complying with the provisions of the Act, 1908 as w 11 as the Indian Stamp Act, 1899. It will be open to the Re stering Authority to refuse the document presented before im, if he has any objection, by duly assigning reasons rn s pport of such decision and communicate the said decision o the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the ent tlement of the petitioner to get the subject document regi tered. There shall be no order as to costs

¶39

Miscellaneous Petitions, if any, pending in this writ

¶40

petition shall stand closed.

¶41

SD/.S. MALLIKARJUNA RAO IS ANT REGISTRAR //TRUE CO Ylt ECTION OFFICER

¶42

To, 1. The Principal Secretary, Revenue (Regi lratron and Stamps), Secretariat, State of Telangana, Hyderabad.

¶43

The Commissioner and lnspector Gen l, Registration and Stamps, Government of Telangana, Mojamjahi rket, Hyderabad.

¶44

The District Registrar, Registration and tamps Medchat-Malkajgiri District

¶45

The Sub-Registrar, Registration and Sta ps Quthbullapur, IVedchal-Malkajgiri District.

¶46

One CC to SRI A.GOPALA KRISHNA, dvocate. IOPUCI

¶47

6 Two CCs to GP FOR STATVPS AND RE ISTRATION, High Court for the State of Telangana. [OUT]

¶48

7 Two CD Copies.

BSK

/_t to

HIGH COURT

DATED:0 410812025

.4'-' . n
a:
,<o{
,,+
o
U) 11 [U6 ztE a
a)
* D5 ,)
>-I',irCtiE

¶56

ORDER

¶57

WP.No.22849 of 2025

¶58

DISPOSING OF,THE WRIT PETITION WITHOUT COSTS

¶59

¶60

C9q' 9a--r c\41'r

Smt. Makkala Bhavani, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Makkala Bhavani, 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

Parties & counsel

Coram

Case details

Similar cases

Smt. Mukkamala @ Mukkomala Renuka Vs The State of Telangana

Smt.K.Hymavathamma Vs Smt. ViziendiraBoyi

Myakala Parimala @ Kukudala Parimala Vs Kommu Srinivasulu

Nelapatla Sudharshan Vs The State of Telangana and 5 Others

G. Varalakshmi Vs The State of Telangana

Mandagadla Prasad Vs The State of Telangana