Smt. Mohammed Nazeema vs The State of Telangana
- Court
- High Court for the State of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON’BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.30343 OF 2026
th
11 SEPTEMBER, 2026
CNR No. HBHC010619932026
Between:
Smt. Mohammed Nazeema
…Petitioner
AND
State of Telangana,
rep. by its Principal Secretary,
Stamps and Registration Department,
Secretariat, Hyderabad and (2) others.
… Respondents
O R D E R :
With the consent of both the parties, this Writ Petition is
taken up for disposal at the admission stage itself.
2. This writ petition is filed declaring the action of the
Respondent No.2 in not receiving, registering and releasing
the Sale Deed presented in respect of Residential Western
Portion of House bearing No.43-546/54 (PTIN
No.1171067017) (old H.No.43-140/35/54) on Plot No.54 in
Survey Nos.417/1 and 2 admeasuring 106.9 Sq Yards with a
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super built up area of 1320 Sq Feet, Ground Floor plus First
Floor RCC Roof situated at A.P.S.R.T.C., Employees
Cooperative Housing Society Ltd., under GHMC Malkajgiri
Circle and Mandal Medchal-Malkajgiri District as arbitrary
and illegal.
3. Heard the learned counsel for the petitioner and the
learned Assistant Government Pleader for Stamps and
Registration for respondents and perused the record.
4. During the course of arguments, learned counsel for the
petitioners has confined his prayer and submits that
respondent No.2 is refusing to register the documents
presented by the petitioner in respect of subject property.
Therefore, the learned counsel prays this Court to issue
suitable directions to the respondents.
5. Learned Assistant Government Pleader submits that the
official respondents will follow the procedure contemplated
under Section 71 of the Registration Act, 1908.
6. Section 71 of the Registration Act, 1908 reads as
follows:
Reasons for refusal to register to be recorded –
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(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.
7. 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
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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 documents registered.
Miscellaneous petitions, if any, pending shall stand
closed. There shall be no order as to costs.
___________________________
JUSTICE PULLA KARTHIK
Date: 11.9.2026.
DA