Kola Thane Bai (S. Thane Bai) Vs The State of Telangana

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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 TWENry FIVE

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PRESENI

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 35289 OF 2025

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Between:

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'l . Kola Thane Bai (S. Thane Bai), W/o. Kola Parusha Ram Aged about 44 years, Occ: Flouie Wife/Former, Rl/o. H. No. 1-12l4, Waddepalli Village' Yedapalle lvlandal, Nizamabad District, 503202.

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Madagali Anitha, D/o. Madagali Srinuvas Aged about^{49 years,Occ:House} Wife,^-RJo. H. No. 5-20, Dharmaram, Thanekalan^{Village, YedapalleMandal,} Nizamabad District, 503202

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..PETlTIONERS

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ANO

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

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2 The Tahsildar Cum-Joint^-Sub Register,^Mandal Revenue^{Office Yedapally} Mandal, Nizamabad District.

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...RESPONDENTS

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Petition under Anicle 226 of the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit filed^{therewith, the} High^{Court may be} pleased to issue a Writ, Order, or Direction, more^{particularlybne} in the nature of a Writ of Mandamus, declaring the action of^{the 2nd Respondent in refusingto} receive-, process, register, and release the^{Sale Deedpresented by the} Petitioners in respect of agriculture land in^{Sy. No. 2931712@,admeasuring} totaling an extent of Ac. 0.3500^guntas, situated^{in Yedapally RevenueVillageof} Yedapally Mandal, Nizamabad District,^{despite booking slot vide applicationNo.} 2500662102, dated^{'17.09.2025 (Applicationdated1 3.09.2025), and paid the} requisite fees, as iltegal, arbitrary, and^violative of Articles^{14,21, and 300-4of} the Constitution of lndia, as well as^{the provisions} of^{the Registration Act,1908} and the Principles of Natural Justice^{and consequently,to direct Respondent No.2} herein to receive,^process, register,^{and release} the Sale^{Deed presented by the} Petitioner in respect of agriculture^{land in Sy.No. 2931712e.._,admeasuring totaling} an extent of Ac. 0.3500^{guntas, situated in Yedapally RevenueVillageof} Yedapally tvlandal, Nizamabad^{District, despite booking slotvide applicationNo} 2500662102, dated 17-09.2025^{(Application dated13.09.2025)}

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the (ircumstances stated in the affidavil filed in support of the petition, the High CoLrr: may be pleased to direct Respondent No.2 herein to receive, process, registe., and release the Sale Deed presented by the Petitioner in respect of agricu ture land in Sy. No. 2931712e9, admeasuring totaling an extent of Ac. 0.35i0 guntas, situated in Yedapally Revenue Village of^yedapally Mandal, Nizarralad District, despite booking slot vide application No. 2500662102, dated 1,,-OS.2O2S (Apptication dated 13.09.2025), pending disposat of the above writ pelitr:n

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Counsel for the Petitioner: SRt BHANOTHU HUSSAIN

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Counsel for the Respondents: SMT. S. SRAVANTHI, ASSI . Gp FOR STAMPS & REGISTRATIO\

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The Court made the following: ORDER

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--7

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.35 289 of 20.25

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ORDER:

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.^{Heard Sri Bhanothu Hussain,} learned counsel for the petitioners and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and 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 action of respondent No.2 in refusing to receive, process, register and reiease the Saie Deed presented by the petitioners uid.e Slot Booking and Advisory Application No.2500662 102 dated rz.og.2o2s in respect of agriculture land in Sy.No.293/7 /2A, admea.rl.irrg totating to an extent. of Ac.O-3500 guntas, situated in yedapally Revenue village of yedapalry Mandal, Nizamabad District, the petitioners filed the present writ petition.

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Learned Assistant Government pleader for Stamps and Registration has stated that the respondents will follow the procedure and release the document or they will pass

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.--'nP:1

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2

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orders as^{per Section 71 of the Registratio.-r Act' 1908 (for} short, 'the Act.^1908')'

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Section 71 of the^{Act, 1908, reads as follows:}

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Reasons for refusol^{to register to be recordeLT'-}

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(1) Euery Sub-Registrar^refusingto "e'gtster^a d.ocument, except^{on the grcundthat the ?rcpertA to} u-thich it relotes is^{not situated withinhis ;ttb district} sholl make an ord.er^{of refusatar'd re:cn'ded his} reasons for such^{ord"er inhis BookNo 2,anrl} enclorse the utords^{"registrationrefused" on the} document; and,^{on applicotionmadebg ttrLll person} executing or claiming^{under the docunert-t' shal|,} tuithout payment^{and unnecessorydelo11,g'iueltima} copy of the reosons^{so recorded.}

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(2) No registeing officer shall^accept foregistratton a doatment so endorsed^{unless and untit'nder the} prouisions hereinafter^{contained, the d t<:umenti s} directed to be registered.

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In view^{of the aforesaid submissions c()upledwith the} provision under Section^{7 Iof the Act,1 908 and on} perusing the entire^{materialon record, this writ petition is} disposed of directing^{the Registering Authoritl' to consider} the Slot Booking and^{AdvisoryApplicatiorNo 2500662102} dated 77 .O9.2025 and^{register the srlt)jectdocument}

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presented by the petitioners within four (04) weeks from the date of receipt of copy of this order, 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. I t i s 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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