IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
Mohd. Abdul Hakeem – Appellant
Versus
The State of Telangana – Respondent
WP 18197/2024
##PAGE1##
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON’BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.18197 OF 2024
29th JANUARY, 2026.
Between:
Mohd. Abdul Hakeem and another.
…Petitioners
AND
The State of Telangana,
Rep. by its Principal Secretary,
Revenue (Registration & Stamps) Department,
Dr.B.R.Ambedkar 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 seeking to declare the action of
respondent No.3 in refusing to receive, register and release
the sale deed documents presented by the petitioners in
respect of Plot Nos.11, 23 and 34, total admeasuring 300 sq.
yards, in Sy.No.73/Part situated at Rayannaguda Village and
Kacharam Gram Panchayat, Shamshabad Mandal, Ranga
##PAGE2##2
Reddy District, as illegal, arbitrary and contrary to Section 71
of the Registration Act, 1908.
3. Heard Sri K.Mahendar Reddy, learned counsel for the
petitioner and learned Government Pleader for Stamps and
Registration for the respondents.
4. Learned counsel for the petitioner submits that in
similar circumstances, this Court in W.P. No.28248 of 2023
vide order dated 10.10.2023, held that the Registering
Authority is not empowered to refuse registration of
document/s except under the circumstances mentioned
under the Registration Act, 1908 and the Rules made there
under. Therefore, this Court directed the Registering
Authority to receive and register the Sale Deed presented by
the petitioner therein in respect of the subject property in
case the said document complies with the provisions of the
Registration Act, 1908, and the Indian Stamp Act, 1899.
Thus, learned counsel prays this Court to pass similar order
in the present Writ Petition also.
5. The above position is not disputed by the learned
Government Pleader and he fairly conceded for passing
##PAGE3##3
similar order in this Writ Petition and stated 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.—
(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.
##PAGE4##4
7. In view of the above submissions coupled with the
provisions under Section 71 of the Registration Act, 1908 and
in terms of the order passed by this Court in W.P. No.28248
of 2023 dated 10.10.2023, this Writ Petition is disposed of,
directing the Registering Authority to receive and process the
subject document, 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, 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.
____________________
PULLA KARTHIK, J
Date : 29.01.2026.
TMK
##PAGE5##5
THE HON’BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.18197 OF 2024
Date : 29.01.2026.
TMK
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.