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2025 Supreme(Online)(Tel) 23812

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K. SARATH
Mr. Shalaish Prasad Mathur – Appellant
Versus
The State of Telangana – Respondent
WP 15966/2024



IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SRI JUSTICE K.SARATH

WRIT PETITION No.15966 of 2024

Date: 09TH December 2025

Between:

Mr. Shalaish Prasad Mathur

…Petitioner

AND

The State of Telangana, Rep. by its Principal Secretary (Revenue),

Stamps and Registration Department, Secretariat,

Hyderabad & Five others.

…Respondents

ORDER:

Heard Sri Aadesh Varma, learned counsel appearing for the

petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents, Sri Pranav Thakar, learned counsel for respondent Nos.5 and 6 and perused the material on

record.

2. Learned counsel for the petitioner submits that the petitioner filed the present Writ Petition seeking to declare the action of respondent No.3 in not refusing to entertain and register the sale deed presented by the petitioner in respect of the land in Plot No.102 in Sy.No.231 Part and 316 Part admeasuring 333.33 Sq.yards (equivalent to 278.66 Sq.metres), situated at Gopanapally Village, Serilingampally

Mandal, Rangareddy District, on the ground that Sy.No.316 admeasuring Ac.16.27 guntas is in the prohibited list pursuant to the letter dated 10.06.2021 issued by respondent No.4 vide Lr.No.E5/2825/2021, as illegal and arbitrary. In view of the same, learned counsel requested this Court to allow the Writ Petition by directing the respondent authorities to receive and register the sale deed presented by the petitioner in respect of the subject property.

3. On the other hand, learned Assistant Government Pleader for Stamps and Registration submits that pursuant to the interim order dated 25.06.2024, the respondent authorities have received and registered the document presented by the petitioner. However, the respondent Nos.5 and 6 now seek to register another document. In view of the interim order dated 25.06.2024, the respondent authorities cannot receive any documents presented by respondent Nos.5 and 6 without the permission of this Court. Furthermore, subsequent to the filing of the Writ Petition, the impugned letter dated 10.06.2021 vide Lr.No.E5/2825/2021 was set-aside by this Court and the competent authority has issued a revised list of prohibited properties. In view of the same, if the petitioner presents the document before the Registering authority, the respondents will receive the same and follow the procedure. If there are any objections, appropriate orders shall be passed as contemplated under Section 71 of the Registration Act, 1908 (for short, “the Act, 1908”). Therefore, learned Assistant Government Pleader has requested this Court to pass appropriate orders.

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 aforesaid submissions, coupled with the provisions 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 in respect of the subject property, 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 same to the petitioner thereon. It is made clear that t

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