Disposed

Basa Vivek v. The State of Telangana

Telangana HC5 Feb 2026WP/3350/2026

Case brief

AI extract

What is this about?

Purchaser under a bank sale certificate sought mandamus against refusal to register his sale deed. Court directed the registering authority to receive and process the document per Section 71 Registration Act, with reasons for any refusal, without expressing opinion on merits.

What did the court decide?

Registering authority directed to receive and process the Sale Certificate/Sale Deed, subject to statutory compliance and recorded reasons for any refusal.

Basa Vivek Vs The State of Telangana — Property and Title | Telangana HC (2026)

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[3301 ]

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

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THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION NO: 3350 OF 2026

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Between:

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Basa Vivek, S/o Sri Basa Chandramouli, Aged about 23 years, Occ Business, Rio Plot No.505, Shivaparvathi Nilayam, Flat No.101, Subhash Nagar, Jeedimetla Village, Quthbullapur Mandal, Medchal Malkajgiri District, Telangana State.

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...PETITIONER

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AND

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

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2 The Commissioner and lnspector General of Stamps and Registration, Mozamjahi Market, Hyderabad

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J The District Registrar, Hyderabad District

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4 The Sub-Registrar, Chikkadpally (SRO), Hyderabad

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5 Canara Bank, Rep. by its Authorized Officer, Ramakrishna Math Branch, Hyderabad

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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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in refusing to receive, register and release the Sale Certificate Sale Deed^presented by the petitioner pursuant to the Sale Certificate dated 03.09.2025 issued by Canara Bank, Ramakrishna Math Branch, Hyderabad in respect of the schedule^property i.e., Residential Flat No. bearing No.1-2-215lBlGl'l , admeasuring 1200 SFT an undivided share of 40 Sq.Yards, situated at Sy.No.1B9/2 at Chitragupta Palace Apartment, Gaganmahal, Domalguda, Hyderabad, as illegal, arbitrary, violative of Articles^'14 and 300-A of the Constitution of lndia and contrary to the^provisionsof

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the Registration Act, 1908, and consequently direct the respondents to receive, register and release the Sale Certificate / Sale Deed in accordance with law.

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l,A NO: 1 OF 2026

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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 Court may be pleased to direct the respondent No.4,to receive and process the Sale Certificate / Sale Deed presented by the petitioner pursuant to the Sale Certificate dated 03.09.2025, and not to refuse registration on valuation or any other ground., situated at Residential Flat bearing No.1-2-21518lG/1 , admeasuring 1200 SFT an undivided share of 40 lSq.Yards, situated at Sy.No.1B9/2 at Chitragupta Palace Apartment, Gaganmahal, Domalguda, Hyderabad, pending disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI G.P.V.RAGHAVULU

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Counsel for the Respondent No.1 to 4: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION No.335O OF 2026

osth FEBRUARY,2026.

Between:

Basa Vivek.

. . . Petitioner

AND

The State of Telangana, Rep. by its Principal Secretary, Registration & Stamps Department, Secretariat, Hyderabad and 4 others.

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... Respondents

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ORDER:

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With the consent ol both the parties, this Writ Petition is taken up for disposal at the admission stage itself.

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This Writ Petition is filed seeking to declare the action of the respondent authorities in refusing to receive, register and release the Sale Certificate/ Sale Deed presented by the petitioner, pursuant to the Sale Certihcate dated 03.09.2025 issued by Canara Bank, Ramakrishnamath Branch, Hyderabad, in respect of the residential flat bearing No.1-22I5lBlC/1, admeasuring 1200 sqt., with an undivided share of 40 sq. yards, situated in Sy.No.lB9/2 at Chitragupta Pa-lace

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Apartment, Gaganmahal, Domalguda, Hyderabad, as illegal and arbitrary'.

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Heard Sri G. P. V. Raghavulu, learned counsel for the petitior-rer and learned Government Pleader for Star.,.ps ar-rd Regislration for the respondents

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Learned counsel for the petitioner submits that the respondent authorities are refusing to receive and process the document sought to be presented by the petitioner in respect of the subject property. Therefore, the learned counsel prays this CourL to issue suitable directions to the respondents.

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Learnt-d Government Pleader submits that the olficial

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respondents ',vi11 lollow the procedure contemplated under Section 71 ol the Registration Act, 1908.

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Sc-cticn 71 of the Registration Act, l90B reads as follows: Reasons for refusal to register to be recorded.-

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(i) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it reiates is not situated u,ithin his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, ald endorse the words "registration refused" on the document; and, on

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application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

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(2) No registering oflicer sl-all 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 submissions coupled with the provision under Section 71 of the Registration Act, 1908, this Writ Petition is disposed of directing the Registering Authority I to receive and process the document sought to be presented by the petitioner in respect of the subject property, subject to the petitioner complying u'ith the provisions of the Registration Act, 1908 as well as the Indial Stamp Act, 1899. It wili be open to the Registering Authority to refuse the document presented before him, if he has any objection, dul,v 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.

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N{iscellar.reous petitions, if any,^{pending shall stand}

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closed. There sha11 be no order^{as to costs}

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SD/- P. PONNA KRISHNA ASSISTANT REGISTRAR

//TRUE COPY//

...'

SECTION OFFICER

To,

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

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The Commissioner and Inspector General of Stamps and Registration, Mozamjahi [\tlarket, Hyderabad

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The District Registrar, Hyderabad District

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The Sub-Registrar, Chikkadpally (SRO), Hyderabad

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The Authorized Officer, Canara Bank, Ramakrishna Math Branch, Hyderabad

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One CC One CC CC to SRI G.P.V.RAGHAVULU, Advocate [OPUC]

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\ 6. One CC One CC CC to SRI G.P.V.RAGHAVULU, Advocate [OPUC] 7. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT]

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Two CD Copies

BSR

,$,

HIGH COURT

DATED: 0510212026

ORDER

WP.No.3350 of 2026

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DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

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Basa Vivek v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Basa Vivek v. The State of Telangana

Case brief

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What did the court decide?

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