Palle Prasad Goud Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Palle Prasad Goud Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at admission stage with the consent of counsel: Registering Authority directed to receive, register and release the subject documents subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899, with liberty to refuse the documents upon duly assigned reasons communicated to the petitioner; no opinion expressed on merits; no order as to costs; miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether a writ of mandamus should issue directing the Sub-Registrar (respondent No.3) to receive, register and release the Sale Deeds presented by the petitioner for the Duplex Houses on Plots 11, 13, 15 and 16 in Sy.No.479/E, Bowrampet Village.

Court's answer

The Registering Authority is directed to receive, register and release the subject documents, subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

Ratio / Principle

It is open to the Registering Authority to refuse the documents presented before it if it has any objection, provided reasons are duly assigned and the decision is communicated to the petitioner.

Key takeaways

The Court expressly did not express any opinion on the merits of the petitioner's entitlement to get the subject documents registered.obiter¶40

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (K. Sarath J) disposed of, at the stage of admission and with the consent of counsel, a writ petition by Palle Prasad Goud complaining that the Sub-Registrar, Quthbullapur (respondent No.3) was not receiving, registering and releasing the Sale Deeds presented for Duplex Houses on Plots 11, 13, 15 and 16 in Sy.No.479/E, Bowrampet Village, Dundigal-Gandimaisamma Mandal, Medchal-Malkajgiri District. Referring to Section 71 of the Registration Act, 1908 (reasons for refusal to register to be recorded and communicated), the Court directed the Registering Authority to receive, register and release the subject documents, subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899, while leaving the Authority free to refuse the documents if it has any objection, by duly assigning reasons and communicating its decision to the petitioner. The Court made clear that it had not expressed any opinion on the merits of the petitioner's entitlement to registration. No order as to costs; miscellaneous petitions, if any, closed.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO (Special Original Jurisdiction)

THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K. SARATH

WRIT PETITION NO: 34406 OF 2025

Between:

Palle Prasad Goud, S/o. P.Galaiah Goud, age 34 years, Occu. Business, Ryo. H. No. 2-49l8/3/A, Miyapur, Hyderabad-500 072

...PETITIONER

AND

The State of Telangana, Rep by the Prl. Secretary, Stamp and Registration Department, Secretariat, Hyderabad-500 004

2 Ihe Dis! Registlar, Stamp and Registration Department, Medchal Malkajgiri Dist, M.M.Dist-(T.G)-501 401

The Sub Registrar, Quthbullapur, Gandi Maisamma Mandal, M.M-Dist-(T.G) - 501 505

The Commissioner, Dundigal Municipality, Gandi Maisamma Mandal, M.M.Dist-(T.G) -500 043

...RESPONDENTS

Petition under Article 226 of the 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 MANDAMUS declaring the action of the respondent No.3 in receive, register and release the sale deeds presented by the petitiodtr in respect of the Duplex Houses on plot No.s^'l 1 (admeasuring 180 Sq yds, plinth area 3352 Sq fts). Plot No.13 (admeasuring 204 Sq yds, Plinth area 2929 Sq fts), Plot No.15 (admeasuring 200.23 Sq yds, Plinth area 2929.92 Sq fts), and Plot No. 16 (admeasuring 197.41 Sq yds, plinth arca 2929 Sq fts), in Sy No.479/E, situated at Bowrampet Village, Dudigal-Gandimaisamma Mandal, {jundigal Municipality, Medchal-Malkajgiri Dist, after registration, in the interest of Justice.

lA NO: 1 oF 202s

Petition under section 151 cpc praying that in the cirr:umstances stated in the affidavit filed in support of the petition, the High court m;ry,be pleased DrREcr the 3rd respondent lo receive, register and release the salr_. deeds, presented by the petitioner in .espect of the plot No.s 1^.l (admeasuring 1g0 Sq yds, plinth area 3352 Sq fts), PIot No 13 (admeas uring 2O4 Sq yds, ptinth t*ea 2929 Sq fts), ptot No.15 (admeasuring 200.23 Sq yds, plinth area 2929.92 Sq fts), and plot No. 16 (admeasuring 192.41 Sq yrds, plinth area 2929 Sq fls), in St.t,lo.479lE, situated at Bowrampet Village, Dudigat I\4uniciparity, Medchar-Markajgiri District, and rerease the same after registration, pending disposar of the writ petrtirrn, in the interest of Justice, or otherwise lwill be put to irreparable loss and injgrT.

Counsel for the Petitioner: SRI N.K.pRAKASH Counsel for the Respondent Nos.1 TO 3: SMT. S.SRAVAN.I.Hl, AGp FOR counser ror the Respondent No.4: .-,tJUlii[PJrir"i:r'ffi]'3] ro MPCL

The Court made the foltowing: ORDER

,

.,]

THE HONOURABLE SRI JUSTICE K.SARATH

WRIT PETITION No.344O6 of 2025

ORDER:

Heard Sri N.K.Prakash, learned Counsel lor the petitioner and Smt. S.Sravanthi, learned Assistant

Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 3 and Sri Krishna Reddy Putta, learned Standing Counsel for the respondent No.4Municipality and perused the material on record. With their consent, this writ petition is disposed oI at Lhe stage of admission itself.

Aggrieved by the action of the respondent No.3 herein in not receiving, registering and releasing the Sale Deeds presented by the petitioner in respect of the Duplex Houses on Plot No. 1 1 (admeasuring 180 square yards, plinth area 3352 square feet), Plot No.13 (admeaswring 2O4 square yards, plinth area 2929 square feet), Plot No.15 (admeasuring 2OO.23 square yards, plinth area 2929.92 square feet), Plot No.16 (admeasuring 197.41 squa,re yards,

c

sr(, J W.P.Nc.34406 of 2O25

plinth area'2929 squa_re feet)in Sy.No.479lE), situated at Bou,rampet Viliage, Duncligal-Gandimaisannma Mandal, Dundigal Municipalitv. Medchal-Malkajgiri District. the petitioner filcd the present writ petition.

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Learned Assistant ()cve rnment pleadc r for Stamps and Registration submits that without presenting the documents, the petitioner has approachcd this Court seeking registr:rtion of the documents. If the petitioner presents the same before thc Registering l uthrtrity, the respondents v,,ill receive the sarne and follor,,r, t:re procedure as contempiated under Se ction 71 of the Regrstration Act, 1908 (for short, 'the Act, 19OB').

The Seclion 71 of the Act. 1908, reads as lbllows

Reasorrs lor refusal to rcgistcr to be recordcrri..-

(1) E'.,crv Sub-Registrtrr rcfusing to rcqister. a documr:n I . cxccpt on t hc ground that the pr )l)ert! to rvhich rt relates is ltoL situatcd lr.ithin ltis strb_ districL srrzrll makc an ordcr of rcfusal and rr.corcled his reirsor-rs lor such ordcr- in his Book N r.2, :rncl endorsc thc $,ords "rcgislratiort relused ,rn lhe documcnt; zrncl, on appltcrrlion m:rde b-v zllt. llcrsorl

SI(, J W.P.N0.34406 oJ 2O25

executing or clarming under the document, shall, ',r,ithout^{payment and unnecessary delay, give him} a copy of the reasons so recorded.

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

In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this u,rit petition is disposed of directing the Registering Authority to receive, register and release the subject documents, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It wiil be open to the Registering Authority to refuse the documents presen ted before him, if he has any objection, by duly asslgnlng 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

4

SI(, J W.P.N('.:14406 of 2O25

Miscellaneous Petitions, il any, pending in this writ

petition shall stand closed.

Sd/-C.DEEPIKA ASSISTANT REGISTRAR ' \ __/-

//TRUE COPY//

To

sAbrroru oFFtcER

1 The Prl. Secretary, 9!amp and Registration Departmer t, Secretariat, Hyderabad, State of Telanqana -500 004

2 It'g Ppl.RSSi.!lgr,^{Stamp and Registration Departmert, Medchat tr/atkajgiri} Dist, M.M.Dist-(T.c)-501 401

3 Il,q 9^r_U^{Registrar, Quthbullapur, candiMaisammatr4andal,} [/.M.Dist-(T.G)^- 501 505 4 ]frg.C_gmrysgi.oner,^{Dundigat Municipatity, GandiMaisanrma Mandal,} M.M.Dist-(T G) -500 043^-

A One CC to SRI N.K.PRAKASH. Advocare tOpUCl 6 Two CCs to GP FOR STAMPS AND REG|'STRAT|ON, Hiqh Court for the State^of Telangana, at Hyderabad. IOUTI 7 ONC CC tO SRI KRISHNA REDDY PUTTA, SC FOR MI'CL [OPUC] 8 Two CD Copies PSK, PMK u-

HIGH COURT

DATED:1311112025

ORDER

WP.No.344OG of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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