IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.37191 of 2025 Date: 04.12.2025 Between:

Smt. Potti Balamani and another …Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration, Secretariat, Hyderabad and two others.

…Respondents

ORDER

Heard Sri Karukonda Aravind Rao, learned counsel for the petitioners, 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 respondent No.3 in refusing to entertain and register the Deed of Cancellation of Agreement of Sale- cum-General Power of Attorney with Possession executed jointly by the petitioners for cancellation of the registered document dated 20.01.2016 vide Document No.2282/2016, registered in the office of respondent No.3-Joint Sub-Registrar, Ibrahimpatnam, Ranga Reddy District, the petitioners filed the present Writ Petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that the petitioners have approached this Court seeking registration of the said document without presenting it before the Registering Authority. If the petitioners present the document to the Registering authority, the respondents will receive the same and follow the procedure. If necessary, and 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 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 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 in respect of the subject property, subject to the petitioners 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 petitioners thereon. It is made clear that this Court has not expressed any opinion on the merits of the case or the entitlement of the petitioners to get the subject document registered. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed.

_____________________ JUSTICE K.SARATH Date: 04.12.2025 spk