Mohd Dastagir Vs The State of Telangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus by V decraring the action of the 4th Respondent in not receiving, registering and releasing the document vide sale Deed dt. 312t2o26, presented by me herein, pertaining to my property. as being ilegar, arbitrary, contrary to law. violations of principles of natural justice and in violation of provisions of Registration Act. 190g and Article 30oA of the constitution of lndia and consequently direct the 4th respondent herein to receive, register and rerease the document vide sare Deed dt. 3-2-2026, without insisting for missing rink document in respect of the property of house bearing GHMC No. 16-2-142t4o,

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(PTIN, 1041629143), admeasuring 138.8 sq. yards or e( I ivalent to 116.05 sq meters, situated at Anand Nagar, Malakpet. Hyderabad, Te e rgana State.

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lA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the r i ;umstances stated in the affidavit filed in support of the petition, the High Court m: I be pleased to direct the 4th respondent herein to receive, register and release t I , document vide Sale Deed dt 31212026 without insisting for missing link docurr )nt in respect of the property of house bearing GHMC No. 16-2-141140, (rllN: 1041629143), admeasuring^'1 38.8 sq. yards or equivalent to 1 16.05 sr1 meters, situated at Anand Nagar, Malakpet, Hyderabad, Telangana State, prr Jing disposal of the main writ petition.

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Counsel for the Petitioner: SRI V. T. KALYAN

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Counsel for the Respondents: GP FOR STAMPS AND REC,t ;TRATION

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The Court made the following: ORDER

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IN THE HIGH COURT FOR^{THE STATEOF TELANGANA} AT HYDERABAD

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THE HON'BLE SP.I JUSTICE^{PULLA KARTHIK}

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WRIT PETITION No.3437 OF 2026

osth FEBRUARY,2026.

Between:

Mohd. Dastagir.

Petitioner

AND

The State of Telangana,

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Rep. by its Principal SecretarY, Department of Stamps &^{Registration,} Secretariat, Hyderabad^{arld 4 others.}

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Respo ndents

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ORDER:

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With the consent of 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 declarethe action of} respondent No.4 in refusing to^{rcceive, register and release the} Sale Deed dated 03.02.2026^{presentedby the petitioner, as} illegal and arbitrary.

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Heard Sri V.T.Kalyan, learned^{counsel for the petitioner} and learned Government^{Pleaderlor Stampsand Registration} for the respondents.

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2

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Learned counsel for the petitioncr submits that respondent No.4 is refusing to receive l Ld process the document sought to be presented by the petit r ner rn respect of ihe s,-rb.iecr property i.e. house bearing GHMC io. I 6-2-^',47 I 40, admeasuring i38.8 square yards (equivalenr t r 116.05 square meters), sitr-rated at Anand Nagar, Ma1al" 1 ct, Hvderabad. Ther:efore, the iearned coun sel prays this lourt to issue suitable di|ections to the respondents.

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Learned Government Pleader submits tat the ofhcial rcspondents w'ill follow the procedure con r mplatecl under Section 71^,:f the Registration Act, 1908

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Section 7 1 of the Registration Act, I 908 r : rd s as follows: Reasons for refusal to register to be recorrl d

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( 1 ) Everw Sub-Registrar refusing to regls r 'r a document, except on the grourrd that the prop: 'tv to lvhich it relales is not situated rvithin his s r-district shall mzLke al order of refusal ald recordccl his reasons for such order in his Book No.2, and en: )rse the words "registration refused" on the docur ent; and, on app[cation made by any person execl I ng or claiming under the document, shall, withorr pa.vment and unnecessary delay, give him a copy ot' he reasons so recorded.

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

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In vie',r' of the above submissions colipled with the provision under Section 7l of the Registration Act, 1908, this Writ Petition is disposed of directing the Registering Authority 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 rvel1 as the Indian Stamp Act, 1899. It rvill be open to the Registering Authority to refuse the document presented before him, if he has any objection, dul,r' 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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Miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs

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SD/.P.PONNA KRISHNA AS TANT REGISTRAR

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//TRUE COPY//

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CTION OFFICER

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To, 1 The Principal Secretary, Department of Stamps and Registration,^{State of} Telangana, Secretariat, Hyderabad.

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C--*a-^{' '}

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2 The Collector, Hyderabad District.

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The District Registrar, Hyderabad District. 4. The Sub Registrar, Azampura, Hyderabad District. 5. The Tahasildar, tvlalakpet, Hyderabad District. 6. One CC to SRt V.T. KALYAN, Advocate tOpUCl 7. Two CCs to Gp FOR STAMPS AND REGTSTRATIO\ ligh Court for the State of Tetangana at uyoerioio'.loun "' -'"

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