Koorapati Buchi Babu Vs The State of Telangana

Koorapati Buchi Babu,^{S/o. K. Aniai} ah, Aged about 39 Years,^{Occ. Business,R/o.} H.No.44-370/2*Thirumala^Nagar, Moula Ali, Malkajgiri Mandal, MedchalMalkajgiri District.

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...PETITIONER

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AND

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

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CommissionLr and^{lnspector General of Stamps and Registrations,M'J'} Road, Hyderabad.

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The District Registrar,,^{Medchal-Malkaigiri District'}

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The Sub-Registrar,^{Malkajgiri SRO, Medchal-Malkajgiri District'}

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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 maybe} pleased to issue an appropriate^{writ,or order or direction, more particularly,one} in the nature of writ of^{Mandamus, declaringthe action of the 4th respondentin} refusing to receive, register^{and release the sale deed executed by the petitioner} in favour of the intending^{purchaserwithout assigningany reason, in respectof} the House^property of^{the petitioner bearingPlot Nos. 1',lslpafiand 116/Part} admeasuring 133.33^{Sq. Yards equivalent to 11146Sq' Mtrsforming part of} Survey Nos. 546, 547,548,^{549, 551 and 573 situatedat AnanthaSaraswathi} Nagar, East Anand^{Bagh, Malkajgiri Mandal and Municipality, Medchal-Malkajgiri} District as highly illegal,^{arbitrary and unconstitutionalbeing violative of Articles} 14, 21 and 300-A of the^{constitutionof lndia and also violative of principles of}

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natural justice and consequently direct the 4th respondent herein to receive, register and release the sale deed in respect of the house property of the petitioner herein as and when the petitioner presents the document before the 4th respondenl: herein for registration, in the interest of^justice.

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lA NO: 1 OF 2Ct26

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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 resp')ndent No.4 herein to receive, register and release the sale deed in respect of r,asidential house of the petitioner bearing Plot Nos. 1^'1Slpart and '1 16/Part admeasuring 133.33 Sq. Yards equivalent to 111.46 Sq. Mtrs forming part of Survel' Nos. 546, 547, 548, 549, 551 and 573 situated at Anantha Saraswathi Nagar, East Anand Bagh, Malkajgiri Mandal and Municipality, Medchal-Malkaigiri District as and when the petitioner presents the same before the 4th respondent for registration, pending disposal of the writ petition, in the interest of^justir:e.

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Counsel for thr: Petitioner: SRI K. ROHIT

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Counsel foi tho Respondents: MS S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION

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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 I{ARTHIK

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WRIT PETITION No.6834 OF 2026

sth MARCIil,,20/26.

Between:

Koorapati Buchi Babu

...Petitioner

AND

The State of Telangana, Rep. by its Principal Secretar5r, Revenue (Registration & Stamps) Department, Secretariat, Hyderabad and 3 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

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taken up for disposal at the admission stage itself.

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Heard Sri K.Rohit, learned counsel for the petitioner and Ms.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration, appearing for the respondents.

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Aggrieved by the action of respondent No.4 in refusing to receive, register and release the Sale Deed presented by the petitioner in respect of subject property i.e., Plot Nos.11S/part and lL6/Pafi admeasuring 133.33 Sq. Yards equivalent to

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-* J-.t"

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2

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lII.46 Sq. Mtrs forming part of Survey Nos.546, 547,54g, 549, 551 and 573 situated at Anantha saraswathi Nagar, East Anand Bagh, Malkajgiri Mandar and Municipality, Medchal-Malkajgiri District, the petitioner filed the present Writ F'etition.

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l.earned Government Pleader submits that the official respondents will follow the procedure contemplated under Sectio:e 7l of the Registration Act, 1908.

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liection 7l of the Registration Act, 190g reads as follows,

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Fleasons for refusal to register to be recorded.-

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(t) 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 shall 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, on 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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(21 No registering ofhcer shall 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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t-

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3

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6' In view of the above submissions coupled rvith the provision under section Tr of the Registration Act, 190g, 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 with the provisions of the Registration Act, 190g as well as the Indian Stamp Act, 1g99. 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 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 sha, stand closed. There shall be no order as to costs.

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SD/.C. DEEPIKA ISTANT REGISTRAR

//TRUE COPY//

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