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Sri. Pamarthi Revathinath v. The State of Telangana

Court: High Court for State of Telangana

Bench: PULLA KARTHIK

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-02-24. Sri. Pamarthi Revathinath v. The State of Telangana. Read the judgment and case details on...

Judgment text

[ 3301 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 5640 OF 2026 Between: Sri. Pamarthi Revathinath, S/o. Sri. Sudarsan Sarma, about 68 Years, Occ Business, Fi/o. H. No. 116/3, Chikkadapally, Hyderabad-500 020. ... PET]TIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, Revenue and Stamps, Registration Department, Secretariat, Hyderabad. 2. The District Registrar, Medchal Malkajgiri District. 3. The Sub Registrar, Malkajgiri, Medchal Malkajgiri District. 4. The Telangana State Wakf Board, Rep. by its Chairman. Having office at Nampally, Hyderabad ...

RESPONDENTS 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 a Writ, Order or Direction more particularly one in the nature of writ of mandamus to declare the action of the respondents particularly the Respondent No. 3 i. e. , Sub Registrar Malkajgiri in refusing to receive, process, register and release the sale deed in respect of the Residential House bearing No. 30-647147/4 on Plot No. 47lA, in Survey No. 466. admeasuring 193. 50. Sq. Yrds. or 161. 76 Sq. mtrs. , with a Plinth area of 200. 00 Sq. feet situated at Old Safilguda Within the limits of Under GHMC Malkajgiri Circle and Mandal, Medchal Malkajgiri District, Telangana State as illegal, arbitrary, against the provisions of registration act and contrary to the rights guaranteed under 3004 of Constitutional of lndia and consequently direct the Respondent No.

3 to entertain the registration of the Sale deed, to receive, process, register and release the sale deed presented by the Petitioners without insisting no-objection certificate (NOC) from the ResPondent No. 4. lA NO: 1 OF 2026 Petition under Section 151 cPC praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto direct the Respondent No. 3 to receive, proCeSS, register and release the sale No. 30-647/47lA on Plot No' deed in respect of the Residential House bearing 47lA,inSurveyNo. 466. admeasuring193. 50. Sq. Yrds. or161. 76Sq. mtrs. ,with a Plinth area of 200. 00 sq. feet situated at old safilguda within the limits of Circle and Mandal, Medchal Malkajgiri District, Under GHMC Malkajgiri Telangana State. GUNNAPU DIVYA LAHARI Counsel for the Petitioner: SRI to 3: GP FOR STAMPS & REGISTRATION counset for the Respondent Nos. 1 No.

4: SRI FARHAN AZAM KHAN, Sc FoR WAKF Counsel for the Respondent BOARD The Court made the following: ORDER -/ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No. S 640 0F 20. 26 24th FEBRUARY,2026. Between: Pamarthi Revathinath . . . Petitioner AND The State of Telalgana, Rep. by its Principal Secretary Revenue, Stamps and Registration Department, Secretariat, Hyderabad and 3 others. ... Respondents ORDER: With the consent of both the parties, this Writ petition is taken up for disposal at the admission stage itself 2. Heard Ms. G. Divya Lahar, learned counsel for the petitioner; learned Government Pleader for Stamps and Registration for respondent Nos. 1 to 3; and Mr. Farh an Azarn Khan, learned Standing Counsel for Telangana State Waqf Board, for respondent No. 4. 3. Aggrieved by the action of respondent No.

3 in refusing to receive, register and release the SaIe Deed presented by the petltloner respect of subject property i. e. , Residential House bearlng No. 3O-617 on Plot No. 47/A, in Surve_v /47 lA No. ,166, admeasuring 193. 50 sq. vards (or 16 1. 76 Sq. mtrs. ), sitr. rated at O1d Safiiguda, within the limits of GIlNiC, Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, the petitioner filed the present Writ Petition 4. Learned Government Pleader submits that the official respondents r. r,ill follow the procedure contemplated under Section 71 of the Registration Act, 1908 5, Section 71 of the Registration Act, 19OB reads as fol1ou. s: Reasons lor refusal to register to be recorded. - ( 1) Every Sub-Registrar refusing to register a document, except on the ground that the -properW to lvhich it relates is not situated within his sub-district shail make an order ol 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, rhe document is directed to be registereC. 6. In vierv of the above submissions coupled with the provisil,,n under SectionTl of the Registration Act, 1908, this Writ Petition is dispcsed of directing the Registering Authority to receive and process the document sought to be presented by the petitioner in respect of the subject property, sub-iect to the petitioner complying with the provisions of the Registration Act, 1908 as '"rrell as the Indian Stamp Act, 1899.

It will be open to the Registering Authority to refuse the document presented before him, if he has anv 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. SD/. P. PONNA KRISHNA ISTANT REGISTRAR //TRUE COPYII SECTION OFFICER To, 1. The Principal Secretary, Revenue and Stamps, Registration Department, I Secretariat, Hyderabad. I t 2. The District Registrar, l,4edchal Malkajgiri District. 3. The Sub Registrar, Malkajgiri, IMedchal Malkajgiri District. 4. The Chairman, Telangana State Wakf Board, Having office at Nampally, Hyderabad 5. One CC to SRI GUNNAPU DIVYA LAHARI, Advocate [OPUC] 6.

Two CCs to GP FOR STAIvIPS & REGISTRATION, High Court for the State ofTelangana at Hyderabad . [OUT] 7. One CC to SRI FARHAN AZAN/ KHAN, SC FOR WAKF BOARD [OPUC] 8. Two CD Copies PMK \ HIGH COURT DATED:2 410212026 b IHE S Ta ( , ORDER rJ ,' 1 I ilAn /026 WP. No. 5640 of 2026 * * DISPOSING OF THE WRIT PETITION WITHOUT COSTS /\ U' 'laj \s

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.