Disposed

Shaik Ghouse v. State of Telangana

Telangana HC4 Sept 2025WP/26424/2025

Case brief

AI extract

What is this about?

Petitioners challenged refusal to receive and register their sale deed under a slot booking application for land in Nizamabad district. The court disposed of the writ at admission, directing the Registering Authority to consider the application and register the document within four weeks, or refuse with recorded reasons.

What did the court decide?

Registering Authority directed to consider Application No.2500416272 dated 17.06.2025 and register the subject document within four weeks, subject to compliance with statute.

Shaik Ghouse Vs State of Telangana — Property and Title | Telangana HC (2025)

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IN THE HIGH COURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE FOURTH^{DAY OF SEPTEMBER} 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 PETI^{TION NO: 26424OF 2025}

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Between:

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1 Shaik Ghouse, S/o Shaik^{lt4oin Khan,Age 34, Sex - Male, Occ-Farme^r,R/o H'} N;- a- 7 128,'Chekkipet,^{Bodhan, Bodhan (U), NizamabadT. S} -⁵⁰³¹⁸⁵

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2 Donkena Sudhakar, S/o^{DonkenaChinna Bolanna,Age 54, Sex - M-ale, Occ} Frir"r, n/o ff f.lo-,2- B7l5A,^{Jalalpur (V), NizhmabadRuralT S} -^503186'

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.....PETITIONERS

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AND

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State of Telangana,^{Rep.by its Principal Secretary, Revenue Department,} Secretariat Buildings, Hyderabad,^Telangana

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The Tahsildar cum^{Joint- Sub Registrar, Mandal Revenue office- Yedapally,} Yedapally tvlandal, Nizamabad^District

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..,.RESPONDENTS

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PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated^{in the affidavit filed therewith, the High court maybe} pleased to issue a writ, order or^{Directionmore particularlyone in the natureof} wRlT oF MANDATUUS^{declaringthe actionof RespondentNo.2 in not receiving} and not registering^{my online slot booking no 2500416272booked on ',l7- 06-} 2025 to be registered^{on 25- 06- 2025 for my landin surveyno 29311712extent of} Ac.l.00gntsinYedapallyvillageofYedapallyMandal,Nizamabaddistrictwith the petitioner no 2 is^{contrary to 71 of Telangana registratron act and illegal,} arbitrary violative of^{principle of naturaljustice and also against Articles19,21and} 300- A of constitution^{of lndia and consequently direct the direct the respondent} no. 2 to receive and register^{the slot bookingApplication No- 2500416272 and} register the^land in^{29311712 extent of Ac 1. 00 gnts in Yedapallyvillageof}

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Yedapally Mancal, Nizamabad district vide Digital^{passbocrkno - T1 1260081904} to the petitiont:r no 2 without insisting for court^{High court orderson all} subsequent sal€ s of the above said land.

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Counsel for the Petitioners : SRI P.LALITHA KAMESH

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Counsel for the Respondents : SMT S.SRAVANTHI,^{AGP I:OR REVENUE}

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The Court at thr: stage of admission made the following^C'RDER.

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THE HONOURABLE SRt JUSTTCE K.SARATH

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WRIT PETITION No.26424 of 2o25

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ORDER:

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Heard Sri P.Lalitha Kamesh, learned counsel for the petitioners and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps ald Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

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Aggrieved by the aclion of respondent No.2 in not receiving and registering the sale deed in pursuant to slot booking Application No.25OO416272 dated 17.06.2025 pertaining to land in Sy.No.293 117 /2 admeasuring Ac. 1-00 guntas situated at Yedapally Village and Mandal, Nizamabad District, the petitioners filed the present writ petrtron

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The Assistant Government Pleader for Stamps and Registration has stated that the respondents will follow the procedure and release the document or they will pass orders as per Section 71 of the Registration Act, 1908 (for short,^'the Act, 1908').

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xtr' .*; \

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Ser:tion 71 of the Act, 1908, reads as lollows

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Reasons for refusal to register to be recorcled.--

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(1) Every Sub-Registrar refusing Lo registcr a document, except on the ground that the property to which it relates is not situated within his subdistrict shail make an order of refusal a:rd recorded his reasons for such order in his BooI.: No. 2 . and endorse thc words "regislration refus:cl" on the document; and, on application made I:1, ar.ly pcrso]l executing or claiming undcr thc docurncnt, shali, without payment and unnecessary dciar'. girn: hin-r a copy of the reasons so recorded.

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(2) No registering officer shall accept for registratior-r a document so endorsed unless and until, rjndsl the provisions hereinafter contained, th,t documcnt is directed to be registered.

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In view of the aforesaid submissions coupled with the provisio.l under Section 7 t of the Ac1 . 1908 and on perusinll the entire material on record, thts writ petition is disposecl of directing the Registering Autl.ority to corrsider the Aplrlication No.25OO476272 dated 17.06.2025 and register the subject document presented try the petitioners within llrur (04) weeks from the date of receipt of copy of this order, subject to the petitioners cornplying rvith the

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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 petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered. There shall be no order as to costs

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Misceiianeous Petitions, if any, pending in this writ petition shali stand closed.

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//TRUE COPY//

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SD/-P. PONNA KRISHNA ASSI TANT REGISTRAR --L ECTION OFFICER

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The Principal Secretary, Revenue Department, Secretariat Buildings, State of Telangana at Hyderabad, Telangana.

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The Tahsildar cum Joint- Sub Registrar, lVlandal Revenue office- Yedapally, Yedapally fvlandal, Nizamabad District.

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Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

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One CC to SRI P.LALITHA KAMESH, Advocate [OPUC]

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Two CD Copies

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HIGH COI.'RT

DATED:04110912025

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ORDER

WP.No.26,424 of 2025

DISPOSING OF THE W.P

WITHOUT COSTS.

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Shaik Ghouse v. State of Telangana

Case brief

What is this about?

What did the court decide?

Shaik Ghouse v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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