Sri. v. Ramana Chadramouli Vs The State of Telangana

Sri. V. Ramana Chadramouli, S/o Late V. Subbachary, Aged about 61 years, Occ. Pvt.Employee, Rl/o H.No. 2-3-784, Ganesh Nagar, Nagole, Uppal Mandal, Medchal Malkajgiri District.

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Sri. Anagaiahgari Prashanth, S/o A.Srinivas, Aged about 36 years, Occ. Pvt.Employee, Fl/o Plot.No. F -14, Ganesh Nagar Colony, Nagole, Uppal Mandal, Medchal Malkajgiri District.

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...PETITIONERS

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AND

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1 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 .the ConstitLition 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, by declaring the action of the 3rd respqndent in not receiving and to register and release the sale deed presented by the Petitioners in respect of the Flat No.1O2, in First Floor, of^"VIJAYA SAI SHIVA RESIDENCY' bearing Municipal No.2-3-784lVSSR/102, (PTl - 1030211228) admeasuring 1450 Sft., of Plinth Area, (including common areas and one car parking), together with an undivided share of land admeasuring 50 Sq.Yds., or 41.8 Sq.Mtrs., out of total land admeasuring 400 Sg.Yds., or 336.23 Sq.Mtrs., in premises bearing House No.2-3-784, Situated at Ganesh Nagar Colony, Nagole, under G.H.M.C., Hayathnagar Circle, Uppal Mandal, Medchal-Malkajgiri District, as illegal,

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arbitrary, unlawful, without^{jurisdiction and contraryto the provisions of the} Registration Act and 1908 and^{in violationof Article 14 of Constitutionof lndia} and consequently to direct^{the 3rd respondent to receive, registerand release} the sale deed^{presentedby the Petitionersin respect of above said property'}

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lA NO: 1 OF 2025

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Petition under section 151^{CPC praying that in the circumstancesstated} in the affidavit filed in support^{of the petition, the High courtmay be pleased to} direct the 3rd respondent to^{receive, registerand release the sale deed} presented by the Petitioners in respect of the^{FlatNo.1 02, in First Floor,of} vtJAYA SAt SHIVA RESIDENCY"^{bearing Municipal No.2-3-784IVSSR/102, (PTl} -1030211228) admeasuring 1450 Sft.,^{of Plinth Area, (including commonareas} and one car^parking), together^{with an undivided share of land admeasuring50} Sq.Yds., or 41.8 Sq.Mtrs.,^{out of total land admeasuring 400 Sq-Yds., or 336.23} Sq.NItrs., in^plemises bearing^{House No.2-3-784, Situatedat GaneshNagar} Colony, Nagole, under G.H.M.C.,^{Hayathna$ar Circle, Uppal Mandal,Medchal-} Malkajgiri District, during the^{pendency of the above writpetition.}

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Counsel for the Petitioners:^{SRI METTUPRAVEEN KUMAR}

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Counsel for the Respondents:^{SMTS.SRAVANTHI,} AGP FOR STAMPS & REGISTRATION ! The Court made the following: ORDER

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THE HONOURABLE SRI JUSTTCE K.SARATH

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WRIT PETITION No.35O9O of 2o25

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ORDER:

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Heard learned Counsel for the petitioners and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record. 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 action of the 3rd respondent in not receiving, registering and releasing the Sale Deed presented by the petitioners in respect of the Flat No.102, in First Floor, of "Vijaya Sai Shiva Residency" o bearing Municipal No.2-3-784IVSSRI lO2, (PTI-

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103021L228) admeasuring 1450 Square feet of Plinth Area, (including common areas and one car parking), together with an undivided share of land admeasuring 50 Squaqe Yards or 41.8 Square Meters out of total land admeasuring 4OO Square Yards or 336.23 Square Meters in premises bearing House No.2-3-784, Situated at Ganesh Nagar

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colony, Nagole, under G.H.M..., Hayathnagar circre, Uppal Mandal, Medchal-Malkajgiri District, the petitioners fited the present writ petition.

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Learned Assistant Government pleader for Stamps and Registration submits that without presenting the document, the petitioners have approached this court seeking registration of the document. If the petitioners present the same before the Registering authority, the respondents; will receive the same and follow the procedure as contemplated under section 71 of the Registration Act, 1908 (for short,^,the Act, 190g).

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The Section zr of the Act, 190g, reads as foflows:

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Reas;ons for refusal to register to be recorded._

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( 1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub_ district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words^{,.registration} refused,, on the doctrment; and, on application made by any person executing or claiming under the document, shall,

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SK, J W.P.No.35O9O of 2O25

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without payment and 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 above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the 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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Miscellaneous petitions, if any, pending in this writ

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petition shall stand closed.

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SD/. C. DEEPIKA ASSISTANT REGISTRAR //TRUE COPYII 6

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SECTION OFFICER

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To,

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

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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, tt/edchal-Malkajgiri District. 4. One CC to SRI TVETTU PRAVEEN KUMAR, Advocate [OPUC] 5. Two CCs to GP FOR STATUPS & REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT]

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