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CDJ 2026 TSHC 082 print Preview print print
Court : High Court for the State of Telangana
Case No : Writ Petition No. 6412 of 2026
Judges: THE HONOURABLE MR. JUSTICE PULLA KARTHIK
Parties : K. Manjulatha Rao Versus The State of Telangana, Rep. by its Principal Secretary, Hyderabad & Others
Appearing Advocates : For the Petitioner: G. Eswaraiah, Advocate. For the Respondent: Government Pleader.
Date of Judgment : 02-03-2026
Head Note :-
Registration Act, 1908 - Section 71 -

Judgment :-

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

2. Heard Sri G.Eswaraiah, learned counsel for the petitioner and Ms.T.Swetcha, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.

3. 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 No.55 in Sy.No.128/11 respectively, admeasuring to an extent of 500 Sq. yards each, situated at Quthbullapur village, Quthbullapur Mandal, Medchal, Malkajgiri, the petitioner filed the present Writ Petition.

4. Learned Government Pleader submits that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.

5. Section 71 of the Registration 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.

6. In view of the above submissions coupled with the provision under Section 71 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 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 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.

Miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.

 
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