Sri Patancheru Sampath Kumar Vs The State of Telangana

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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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TUESDAY, THE SEVENTH DAY OF OCTOBER 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 PETITION NO: 30258 OF 2025

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Eetween:

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Sri Patancheru Sampath Kumar, S/o Sri Johnwesley, aged about 60 years, Occ; Pv't. Employee, R/o H.No.5-50/2, beside B.R. Gas, Chanda Nagar, Hyderabad.

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.....PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad.

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The Commissioner and lnspector General of Registration and Stamps, Telangana State at Hyderabad.

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The Sub-Registrar, Uppal, Medchal-Malkajgiri District.

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.,"..RESPONDENTS

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Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of [,/andamus, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the Petitioner in respect of the Flat No.204, in Second Floor, bearing Municipal No.2-3-743l3/SLN/204, (PTIN- 1030211001) of Sri Lgxmi Nilyam with plinth area of 1600 Sft., (including common areas) and car parking area 100 Sft., along with an undivided share of land admeasuring 40 Sq.Yds., or 33.4 Sq.Mtrs., out of total land admeasuring 800 Sq.Yards., bearing premises No.2-4-1 11l511D and 2-4-7 4714, on Plot Nos.4 and 5, situated at Sai Nagar Colony, Nagole, Uppal Mandal, under GHIvlC, I\rledchalMalkajgiri District, as illegal, arbitrary, unlawful, without.jurisdiction and contrary to the provisions of the Registration Act and 1908 and in vrolation of Article 14 of

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Constitution of lndia and consequently to direct the 3rd respondent to receiie, register and release the sale deed presented by the Petitioner in respect of above said property.

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l.A.NO:1 OF 2025

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Petition Unde' 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 3rd respondent to receive, register and release the sale deed^presented by the Petitioner in respect of the Flat No.204, in Second Floor, bearing Municipal No.2-3-743l3/SLN/2t14, (PTIN- 1030211001) of^"Sri Laxmi Nilyam' with^plinth area of 1600 Sft., (including common areas) and car^parking area 100 Sft., along with an undivided share of land admeasuring 40 Sq.Yds., or 33.4 Sq.Mtrs., out of total land admeasuring 800 Sq.Yards., bearing premises No.2-4-1 11l5l1D and 2-474714, on Plot Nos.4 and 5, situated at Sai Nagar Colony, Nagole, Uppal Mandal, under GHMC, Medchal-Malkajgiri District, during the pendency of the above writ petition.

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Counsel for the Petitioner : SRI METTU PRAVEEN KUMAR

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Counsel forthe Respondents: SMT S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the following ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.3O258 of 2o25

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ORDER:

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Heard Sri Mettu Praveen Kumar, learned counsel for the petitioner and Smt. 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.

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Aggricved by the action of the respondent No.3 in not receiving to register and release the sale deed presented by the petitioner in respect of the FIat No.204, in Second Floor, bearing Municipal No.2-3-743/3/SLN/204, (PTIN- 1030211O0 1) of Sri Lgxmi Nilyam with plinth area of 1600 Square Feet, (including common areas) and car parking area 100 Square Feet, aiong with an undivided share of land admeasuring 4O Sq. Yards, (or 33.4 Sq Meters) out of total land admeasuring 800 Sq. Yards, bearing premises No.2-4-111 l5/lD and 2-4-747 /4, on Plot Nos.4 and 5 situated at Sai Nagar Colony, Nagole, Uppal Mandal, under GHMC, Medchal-Malkajgiri District, the petitioner filed the present Writ Petition.

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Learned Assistant Government Pleader for Stamps and Registration s;ubmits that without presenting the subject document, l.hr: petitioner has approached this Court seeking registration of the said document. Il the petitioner presents the same before tht: Registering authority, the respondents will receive the same ancl follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908).

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Section 71 of the Act, 1908, reads as follou,s

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Reasons for refusal to register to be recorded.(1) Every Sub-Registrar refusing to register a^(locument, except on the ground that the property to which it relates is not situated within his sub-district sha-ll mal{e an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by arrv person executing or claiming under the document, shall, without pa5.ment alrd unnecessary delay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

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In view of the aforesaid submissions coupled with the provision under Section 71 of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to rer:eive, reglster

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a]]d release the subject document that may be presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Act, 19OB as well as the Indian Stamp Act, i899. 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 alrd 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 document registered. There shall be no order as to costs.

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