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2026 Supreme(Online)(Tel) 17529

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD


THE HON’BLE SRI JUSTICE PULLA KARTHIK


WRIT PETITION No.13083 OF 2026


27th APRIL, 2026.


Between:


Malladi Vijaya @ Malladi Vijaya Reddy.


…Petitioner


AND


The State of Telangana,


Rep. by its Secretary,


Stamps and Registration Department,


Secretariat, Hyderabad and 2 others.


…Respondents

O R D E R :

With the consent of both parties, this Writ Petition is taken up for disposal at the stage of admission.

2. Heard Sri T. Pranab Kumar, learned counsel for the petitioner and Ms. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration, appearing for the respondents.

3. Aggrieved by the action of the respondents in refusing to register the Mortgage by depositing the title deeds in respect of subject property i.e., plot Nos.42 and 43 in Sy.No.868/4 extending to 587 sq. yards situated at Korremula, Ghatkesar Mandal, Medchal-Malkajgiri District, the petitioner filed the present Writ Petition.

4. Learned Assistant Government Pleader submits that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.

5. 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.

6. 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 registration of the document presented before him, if he has any objection, and he shall assign reasons in support of such decision and shall also communicate the same to the petitioner. It is made clear that this Court has not expressed any opinion on the 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.

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