Disposed

Bheema Prakash v. The State of Telangana

Telangana HC20 Nov 2025WP/35193/2025

Case brief

AI extract

What is this about?

Petitioner sought registration of a refused sale deed over his 1/3rd share in agricultural land at Kothakota. The court disposed of the petition directing the Registering Authority to receive and register the document per Section 71 of the Registration Act, subject to compliance with statutory provisions.

What did the court decide?

Registering Authority to receive, register and release the sale deed if petitioner complies with the Registration Act, 1908 and Indian Stamp Act, 1899; refusal permitted only with recorded reasons com

Bheema Prakash Vs The State of Telangana — Landlord and Tenant | Telangana HC (2025)

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

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THURSDAY, THE TWENTIETH DAY OF NOVEMBER 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:35193 0F 2025

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Between:

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Bheema Prakash, s/o. Late Bheema Baraswamy, aged about 69 vears. occ Business, Rr/o. H. No. 7- r 1 0, Sratiion Road Kothiiot?iv ;;;nivJia-partnv District, rep. by his GpA horder Bheema pradeep rrinui sro. tuiJe'ii""ru Bataswamy, aged about.67 yg.u*, Occ Business, R:/o. H. No. Z_f tOlt, SLtion Road, Kothakota (V and M), Wanaparthy District

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AND

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...PET|T!ONER

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1 . The State of Telangana, B..p OV its principal Secretary, Stamps and Registration Department, Secre[ariat. Hvdbrabad

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1. The Sub Registrar, Wanaparthy, Wana[arthy District.

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...RESPONDENTS

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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 an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in nof receiving the sale deed sought to be presented by the petitioner for the purpose of registration in respect ol 1l3rd share of the petitioner in Sy, No. 351 out of Ac.1-00 situated at Kothakota village and Mandal, Wanaparthy District, as presented based upon his registered sale deed document No. 371l'1981, dated 3l-01-1981 and also based upon the ceiling declaration of the vendor of the petitioner in cc No. 1073t1g7s, dated^'10-02-1977, as illegal, unlawful and contrary to law and consequently direct the 2nd respondent to receive, register and release the sale deed in respect of the above^'l /3rd share of the petitioner in Sy. No. 351.

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lA NO: 1 OF 2025

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High cou( may be pleased to direct

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the 2nd respondent to receive, registrar and release the sale deed to be presented by the petitioner in respect of the /3rd share of the petitioner ir Sy. No. 351 out of Ac.'1-00 situated at Kothakota village and Mandal, wanap: rthy District, pending disposal of main Wril Petition.

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Counsel for the Petitioner: SRI M.DAMODAR REDDY Counsel for the Respondents: SMT. S.SRAVANTHI, AGp Fr)R STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HONOURABLE SRI WSTICE K.SARATH

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WRIT PETITION No.35193 of 2o25

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ORDER:

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Heard Sri M.Damodar Reddy, Iearned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing lor the respondents and perused the materia-l 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 respondent No.2 in not receiving the sale deed sought to be presented by the petitioner for the purpose of registration in reryect of 1/3'a share of the petitioner in Sy.No.351 out of Ac. 1-00 guntas situated at Kothakota Village and Manda_I, Wanaparthy District, as presented based upon his registered sale deed document No.37 1/198 1, dated 31.01.198 I and also based upon the Ceiling declaration of the vendor of the petitioner in CC No.1O73l1975, dated 1O.O2.t977, the petitioner filed the present Writ Petition.

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Learned Assistant Government pleacler for Stamps a]]d Registration submits that without presenting the subject document, the petitioner has approached this Court seeking registration of the said document. J.f the petitioner presents the same before the Registerinll authority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the lk:gistration Act, 1908 (for shorr,,^.the Act, 1908).

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4 The Section Tl of theAct, 190g, reads itr; follows:

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Reasons for refusal to register to be recorded._

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(1) Euery Sub-Registrar refusing to register a document, except on the ground. that tLrc pr)pertA to tthich it relates is not situated u.tithin his sub-district shall make an ord.er of refusal ,nd. ,""r)d..a hi" reasorts for such order in his Book No.2, anC enclorse the utords^{,,registration} refused_,, on the dctanment; and, on application made bg onA person exzcutirtg or claiming und-er the doattnsnl, shall, uithout ,aAnent and unnecessary delag, giue him a copytr of the reasorzs so recorded.

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(2) No registenng offtcer shall accept for regi:.tration a doanment so end.orsed_ unless and until, ul,ier the prouisions hereinafter contained, the d_oa ntent is directecl to be registered.

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In view of the aforesaid subrnissions coupled with the provision under Section 7l of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document in respect of the subject property, subject to the petitioner 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 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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Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed.

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SD/.P. PONNA^KRTSHNA ASSISTANT^REGISTRAR

/TTRUE^COPY//

SECTION OFFICER

To 1 . The Principal^{Secretary' Stampsand RegistrationDepartment' Secretariat'} Hvderabad,^{Stateof Telangana'}

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2 ifl; s;b^{R;q-liliir,wanaparthv'-wgnaparthv District'} 5 o;;-cCi.^{s"Rl'rr,l.bnuobnnREoDY, Adv-ci-cate [oPUCl} 4. Two ccs to GP^{FoRsiA'lvibs nrtro ne- sinertoN'Hign courtfor the} ' siiie of l.tangana, at Hyderabad [oUT]

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M 5. Two CD^CoPies PSKBS

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HIGH COURT

DATED:2011112025

ORDER

WP.No.35193 of 2025

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PAIC uEo

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Bheema Prakash v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bheema Prakash v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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