Sreenivasa Reddy. N, Vs The State of Telangana

¶1

[³³⁰¹ I

¶2

IN THE HIGH^{COURTFORTHE STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

¶3

FRIDAY,THE SIXTH DAY OF^FEBRUARY TWO THOUSAND AND^TWENTYSIX

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE^{PULLA KARTHIK}

¶6

WRIT PETITION NO: 3568^{OF 2026}

¶7

Between

¶8

Sreenivasa Reddy. N,, S/o .^{N. Gali Reddy,Aged about 43 years,Occ. Ex} Serviceman

¶9

Smt. Narala Sreelakshmi,^{Wo. N. Sieenivasa Reddy, Aged about 36 Years,} Occ. House Wife,

¶10

(Both 1 and 2 are R/o. H.No.32-80t4114,^{DN-167,Devi Nagar, Safilguda,} Malkajgiri, Secunderabad-500056. )

¶11

...PETITIONER(S)

¶12

AND

¶13

The State of Telangana,^{represented by its Principal Secretary (Stamps and} Registration), Secretariat,^Hyderabad.

¶14

The Sub-Registrar,,^{Malkajgiri Mandal, Medchal MalkajgiriDistrict.}

¶15

The Telangana Wakf^{Board, Rep.by its Chief Executive Officer, Huz House,} Nampally, Hyderabad

¶16

...RESPONDENTS

¶17

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 Writ or direction^{preferablyWrit of Mandamus, declaringthe} action of the Respondent^{No.2, in not receiving, registeringand releasingthe} Sale Deed presenied in respect^{of Residential House bearing No.32-80/5014011,} (PTlN.No.t2AOZOaZOS;, on Plot No.4^{SouthernPart, inSurveyNo'144,} admeasuring 130.00 Sq.Yards^{or 108.68 Sq.Mtrs, with a total Built-uparea of} 1900 Sq.Fe6t RCC Rooi,^{(Ground Floor 950 Sq Feet + First Floor950 Sq Feet),} situated at RAMBRAHMMA^{NAGAR, NEREDMET, under GHMC Malkajgiri Circle} and Mandal, Medchal-Malkajgiri^{District,is illegal, arbitrary and contraryto} provisions of law and violation of Article^{300-Aof the Constitution of lndia,and} consequently direct the^{RespondentNo.2 to receive, process, registerand} release Sale Deed /any^{other deedsthat may be presentedby the Petitioner in} respect of Residential^{l{ouse bearingNo.32-80/50t4011,(PTlN.No'1280768705)'}

¶18

on Plot No.4 Siouthern^{Part, in survey No.144, admeasuring 130.00sq.Yardsor} 108.68 Sq.Mtrs, with a^{total Built-up area of 1900 Sq.Feet RCC Roof,(Ground} Floor 95O Sq Feet^{+ First Floor 950 Sq Feet), situated at RAMBRAHMMA} NAGAR, NEREDMET'^{under GHMC Malkajgiri Circle and Mandal,Medchal-} Malkajgiri Dist:rict,^{without insisting No-objection Certificate (NOC)from the} Respondent N,).3.

¶19

NO:1 OF

¶20

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.2^{fortnwith to receive, process, registerand release} the subject sale Deed iany^{other deeds presentedby the Petitionerin respect of} Residential Hc,use bearing^{No.32-80/50/40/1, (PT|N.No.1280768705),on Plot} No.4 Southern Part, in Survey^{No.144, admeasuring 130.00Sq'Yards or 108'68} sq.Mtrs, with a total Built-up^{area of 1900sq.FeetRCC Roof, (Ground Floor 950} Sq Feet+ Firs;t Floor 950^{Sq Feet), situated at RAMBRAHMMANAGAR,} NEREDMET, under GHMC^{Malkajgiri Circle and Mandal,Medchal-Malkajgiri} District, without insisting^{No-objection certificate (Noc)from the Respondent} No.3, pending disposal of the^{writ petition.}

¶21

Counsel for thr: Petitioner(s):SRl.^{BOBBALAJYOTHIRMAI}

¶22

Counsel for thei Respondents^{No.s 'l to 2 : GP FOR STAMPSAND} REGISTRATION

¶23

Counsel forther Respondents^{No.3: SRIFARHAN AHMEDKHAN}

¶24

The Court made the following:^ORDER

¶25

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶26

THE HON'BLE SRI JUSTICE PULLA I{ARTHIK

¶27

IIIRIT PETITION No.3568 OF 2026

¶28

o6th FEBRUARY,2A26.

¶29

Between:

¶30

Sreenivasa Reddy and another

¶31

..Petitioners

¶32

AND

¶33

The State of Telangar.a, Rep. by its Principal Secretary, Stamps and Registration, Secretariat, Hyderabad and 2 others.

¶34

... Respondents

¶35

ORDER:

¶36

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

¶37

Aggrieved by the action of respondent No.2 in refusing to receive, register and release the Release Deed presented by the petitioners, the present Writ Petition is filed

¶38

Heard Ms.B.Jyothirmai, learned counsel for the petitioners and learned Government Pleader for Stamps and Registration for the respondents.

¶39

2

¶40

Learned counsel for the petitioners submits that respondent No.2 is refusing to receive and process the document sought to be presented by the petitioners in respect of thr: subject property i.e. Residential bearing No.32BOlSOt'40/1 (PTIN.No.1280768705) on Plot No.4, Southern part in Sy.N'o.144, admeasuring 13O sq. yards, with a total built-up area ol' 1900 sq.ft RCC Roof (Ground Floor 950 sq.ft + First Floor !)50 sq.ft) situated at Rambrahmma Nagar, Neredmet under^(iHMC Malkajgiri circie and Mandal, Medchal-Malkajgiri District. Therefore, the learned counsel prays this court to issue srritable directions to the respondents.

¶41

Learned Government Pleader submits that the official respondents rvill foilow the procedure contemplated under Section 7l of the Registration Act, 1908.

¶42

Section 7l of the Registration Act, 1908 reads as follo'n,s: Reasons for refusal to register to be recorded.-

¶43

(i) 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 shail 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 document; and, orl

7

3

t I \

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

¶48

(2) No r egistering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

¶49

In view of the above submissions coupled 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 petitioners in respect of the subject property, subject to the petitioners complying with the provisions of the Registration 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, duly assigning reasons in support of such decision and communicate the said decision to the petitioners. [t 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.

¶50

r--

¶51

4

¶52

i\4iscellaneous petitions, if any, pending shall stand

¶53

closed. There shall be no order as to costs

¶54

SD/.AHMED^{ABDULLAH KHAN} ASSISTANT^REGISTRAR 6

¶55

,,TRUE COPY/