Bakkani Narsing Rao Vs The State of Telangana

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[³³⁰¹ ]

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

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TUESDAY, THE THIRD DAY OF MARCH 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: 6499 OF 2026

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Between:

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Bakkani Narsing Rao, S/o. Bakkani Pentaiah, aged about 49 years, Occ. Business,' R7o. H.No.2-1 171111, Ward-4, Cheeryal Village, Keesara Mandal Medchal Malkajgiri District, Telangana

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...PETITIONER

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AN.D

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The State of Telangana, Represented by its Principal Secretary to Govt Revenue (Registration and Stamps) Department Secretariat Building, Hyderabad - 50O022

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The Commissioner and lnspector General of Regiskation and Stamps, M J Market, Hyderabad - 500 001

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The Sub Registrar, Keesara Medchal-Malkajgiri District - 501 303

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...RESPONDENTS

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Petition under Nlicle 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, by declaring the action of the 3rd Respondent in not receiving and to register the Sale Deed presented by the Petitioner in respect of all that the Residential Plot No. 92Parl (North Side), admeasuring 143.75 Sq Yards or'120. 17 Sq Mtrs (Out of 180.50 Sq Yards), in Sy. Nos.333, 335 and 336/Part, situated At Cheeryal Vittage, Under Ghmc, Keesara Mandal, Medchal-Malkajgiri District, Telangana State And Bounded By. North. Plot No.93, South. Plot No.92 Part (South Side), East. 30'Wide Road, West. Plot No.91 on the basis of Memo No.G225712019, dated 26.08.2020, issued by the 2nd Respondent as illegal, arbitrary, unlawful, without jurisdiction and

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contrary to the provisions of the Registration Act, 1908 and in v clation of Article^'14 of the Constitution of lndia and consequently to direct the 3rd ll )spondent to receive, register and release the Sale Deed presented by the Petitioner i t respect of the above said property, notwithstanding the issued by the 2nd Respond: rt.

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l.A. NO: 1OF 2026

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Petition under Section 151 CPC praying that in the circL r )stances stated in the affidavit filed in support of the petition, the High Court may be^pI rased to direct the 3rd respondent to receive, register and release Sale Deed preser t rd by the Petitioner in respect of all that the Residential Plot No. 92 Parl (North Side ) admeasuring 143.75 Sq Yards ot 120.17 Sq lMtrs (Out of 180.50 Sq Yards), in S y. Nos.333, 335 and 336/Part, situated At Cheeryal Village, Under Ghmc, Kees: -a [tIandal, Medchaltvlalkajgiri District, Telangana State And Bounded By. North^: ot No.93, South. Plot No.92 Part (South Side), East. 30 Wide Road, West. Plot No.9 1 cn the basis of [V1emo No.G2125712019, dated 26.08.2020, issued by the 2nd Respor r ent, pending disposal of the above writ Petition.

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Counsel for the Petitioner: SRI JEERIPOTHULA SRINIVAS

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Counsel for the Respondents: AGP FOR STAMPS & REGII; f RATION

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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.6499 OF 2026

3'd MARCH,2026.

Between:

Bakkari Narsing Rao.

Petitioner

AND

The State of Telangana, Rep. by its Principal Secretary to Government, Revenue (Registration & Stamps) Department, Secretariat Building, Hyderabad and 2 others.

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. . . Respondents

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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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Heard Sri J.Srinivas, learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents

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Aggrieved by the action of respondent No.3 in relusing to receive, register and release the Sale Deed presented by the petitioner in respect of subject property i.e., Residential Plot No.92 Part (North Side), admeasuring 143.75 Sq. Yards or

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o

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120.17 Sq. Mtrs (Out of 180.50 Sq. yards), n Sy.Nos.333, 335 & 336/Part, situated at Cheerya_l Village under GHMC, Keesara Mandal, Mcdchal-Malkajgiri District,,.elangana, the petitione r iiled the present Writ petition.

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Learncd Government pleader submits tf at the official respondents rvill follon, the procedure conte I .plated under Section 71 of the Registration Act, i90g.

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Section 71 of the Registration Act, 1! Og reads as follou.s:

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Reasons lor rcfusal to register to be recordecl.-

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(1) Every Sub-Rcgrstrar refusing to regist r a document, exccpt on the ground that the property to.,hich it rclates is nor situated u,ithin his sub_districl s hall make an ordcr of refusal and recorded his reasons i>r such order in his Book No.2, and e ndorse the wor I ; ,,registration refused" on the document; and, on appli: L_ion made by any person exccuting or claiming under he document, shall, t,ithout payment and unnecessa4. c elay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for egistration a documenl so cndorscd unless and unt l. under the provisions hereinafter contained, the locument is directed to be registered.

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3

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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 petitioner in respect of the subject property,^subjectto the petitioner complying with the provisions of the Registration Act, l9OB as well as the Indian Stamp Act, 1899 It u,ill be open to the Registering Authority to refuse the document presented before him, if he has any objection, duly asslgnlng 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 ol the petitioner to get^the subject document registered

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Miscellaneous petitions, if any, pending shall stand

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closed. There shall be no order as to costs.

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SD/- P. PONNA^KRISHNA ISTANT REGIST

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//TRUE COPY//

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ECTION OFFICER

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To,