Suraj Prasad Vs The State of Telangana

Suraj Prasad, S/o. lrlahatma Prasad, Aged about 60^years, Occ ; Agriculture, R/o Cheemalakonduru Village, Bhongiri lvlandal, Yadadri Bhuvanagiri District.

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.....PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat building, Hyderabad.

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The District Collector, Yadadri Bhuvanagiri District.

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The Revenue Divisional Officer, Bhonagiri Revenue Diviston, Bhonagiri , Yadadri Bhuvanagiri District.

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The Tahsildar / Joint Sub Registrar, Bhonagiri lt4andal Bhonagiri , Yadadri Bhuvanagiri District.

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.....RESPONDENTS

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Petition Under Article 226 of lhe Constitution of lndia praying that in the circunstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAIVUS declaring the action of the respondents in not receiving and registering the sale deed in favour of the^petitioner vendor the land in Sy No- 126/2, to an extent of Ac.9.12 guntas situated at Cheemalakonduru Village, Bhongiri Mandal, Yadadri Bhuvanagiri District is illegal, arbitrary, contrary to the provisions of Stamps and Registration Act and as well as the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents to receive and register the sale deed in favour of the^petitioner vendor.

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-.I.A.NO:1 OF 2025

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Petition lJnder Section 151 cPC praying that in the r:ircumstances stated in the affidavit filod in support of the petition, the High co,rrt may be pleased to direct the respondents to receive and register the sale deed in favour of the petitioner vendor the land in Sy No. 12612, lo an ext()nt of Ac.9..1 2 guntas situated. at cheemalakonduru Village, Bhongiri IManda yadadri Bhuvanagiri District forthwith pending disposal of the main writ petition.

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Counsel for the Petitioner : SRI RAMAKOTAIAH KANDALA

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Counsel for the Respondents : SMT S.SRAVANTHt, AGp FOR REVENUE The Court at the stage of admission made the following ORDER

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a'

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.23572 of 2o25

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ORDER:

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Heard Sri Rama Kotaiah Kandala, learned counsel for the petitioner and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 4. With their consent, this writ petition is disposed of at the stage of admission itself.

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Aggrieved by the action of the respondents in not receiving and registering the sale deed in favour of the petitioner vendor for the land admeasuring Ac.9.l2 guntas 1n Sy.No.726/2, situated at Cheema,lakonduru Village, Bhongiri Manda-l, Yadadri Bhuvanagiri District, the petitioner fi1ed the present writ petition.

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Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the subject document, the petitioner has approached this Court seeking registration of the said document. If the petitioner presents the salne before the Registering authority, the respondents will receive the same and follow \

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the procedure AS contemplated under Stection 71 of the Registra.tion Act, 1908 (for short,^,the Act, l9Og,).

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Ser:tion 71 of the Act, 190g, reads as lollows:

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Reasons for refusal to register to be reccrded.__

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(1) Every Sub-Registrar refusing to register a document, except on the ground that lh: proF,erty to which it relates is not situated with in his subdistrict shall make an order of rcfusal i..nd recordcd his reasons for such order in his Bock No.l2, and endorse the words^{,,registration} reful.,ed,, on the document; and, on application made b1 any person executing or claiming under the docu ment, shall, without payment and unnecessary dela1,., give him a ,:opy of the reasons so recorded.

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i'2) No registering officer shall accept for rcgisl_ration il document so endorsed unless and untri, under the provisions hereinafter contained, the <:ocument rs rlirected to be registered.

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In view of the aforesaid submissions coupled with the provision under Section 7l of the Act, 19Og, this writ petition is disposed of directing the Registe:-ing Authority to receive, register ald release the subject doc:ument that may be presented by the petitioner in respecr. of t-he subject property, subject to the petitioner com;.rlying with the

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3

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provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document 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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