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CDJ 2025 TSHC 1384
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| Court : High Court for the State of Telangana |
| Case No : Writ Petition No. 36145 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE K. SARATH |
| Parties : Patlolla Raji Reddy Versus The State of Telangana |
| Appearing Advocates : For the Petitioner: Paravastu Krishna, Advocate. For the Respondent: Government Pleader for Stamps & Registration. |
| Date of Judgment : 27-11-2025 |
| Head Note :- |
| Registration Act, 1908 - Section 71 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Registration Act, 1908
- Section 71 of the Registration Act, 1908
- Indian Stamp Act, 1899
2. Catch Words:
- registration
- refusal
- stamp
3. Summary:
The petitioner sought registration of sale deed documents for residential plots in Zaheerabad. The respondent argued that the petitioner had not produced the documents before the registering authority. The Court noted that under Section 71 of the Registration Act, 1908, a Sub‑Registrar must record reasons for refusal and may refuse only on specific grounds. Accordingly, the Court directed the Registering Authority to accept, register, and release the documents, subject to compliance with the Registration Act and the Indian Stamp Act, 1899. The Court clarified that it made no determination on the substantive right to registration and ordered no costs. Any pending miscellaneous petitions were closed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission itself.
2. Aggrieved by the action of the respondent No.4 herein in not processing, registering and releasing the sale deed document presented by the petitioner in respect of residential open plot Nos.104 and 104/A, admeasuring 266.66 square yards and 1244.40 square yards, total admeasuring 1511.06 square yards in Sy.No.343/U, 343/EE, 343/A1 and 343/AA situated at Zaheerabad under limits of Municipal Zaheerabad, under Revenue Tahsildar at Zaheerabad, Sanga Reddy District, the petitioner filed the present writ petition.
3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, ‘the Act, 1908’).
4. The Section 71 of the Act, 1908, reads as follows:
Reasons for refusal to register to be recorded.—
(1) 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.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the 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, by 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. There shall be no order as to costs.
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
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