HIGH COURT FOR THE STATE OF TELANGANA, AT HYDERABAD

(Special Original Jurisdiction)

MONDAY,THE TWENTY NINTH DAY OF AUGUST

TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

WRIT PETITION NO: 20493 OF 2022

Between:

AND

Mohammed Manzur Ali, S/o. Mohammed Sadat AIi, aged about 21 years,

Occ. Business, R/o. Turakala Khanapuram Village, Hatnura Mandal, Sanga

Reddy Diskict.

...PETITIONER

1. The State of Telangana and 3 others, rep.by its Principal Secretary, Revenue

Department, Secretariat, BRKR Bhavan, Tank Bund, Hyderabad.

2. The District Collector, Sanga Reddy District at Sanga Reddy.

3. The District Registrar, Registration and Stamps, Sanga Reddy District at

Sanga Reddy.

4. The Tahsildar-cum- Registration Authority, Hatnura Mandal, Sanga Reddy

District.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the

circumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue a writ order or direction, more particularly one in the nature of writ

of Mandamus, declaring the action of the respondents 2 and 3 in not validating the

unregistered document dt. 08.03.2004 standing in the name of the petitioner

executed by his vendor in respect of the petitioner purchased property

admeasruing 22 guntas covered by Sy.No.412lA situated at Turakala Khanapuram

Village, Hatnura Mandal, Sanga Reddy District as illegal, arbitrary, unjust and also

against the provisions of T.S. ROR Act 1971 and Rules 1989, against the

provisions of Registration Act, 1908 and also against Articles 14,19,21 and 300-4

of the Constitution of lndia and consequently direct the respondents 2 to 4 to pass

the validation orders in respect of the petitioner unregistered agreement of sale Dt.

08.03.2004 by collecting necessary Stamp duty to that effect forthwith.

IA NO: 1 OF 2022

Petition under. section ^15'1 CPC ^{praying that in the circumstances stated in}

the affidavit filed in s.upport of ^{the petition, the High court may be pleased to.direct}

the respondents 2 ^1o 4 to ^{pass the validation orders in respect of the petitioner}

unregisiered agreernent of ^{sale Dt. 08.03.2004 by collecting necessary Stamp}

dutyi,r that effect fo,thwith, ^{pending disposal of the above writ petition}

Counsel for the Petitioner: SRl. ^{MOHD ISHTYAQ AKBAR}

Counset for the Respondents: ^{GP FOR STAMPS AND REGISTRATION}

The Ciourt made the following: ^ORDER

tI

THE HON'BLE SRI IUSTICE A.ABHISHEK REDDY

WI{IT PETITION No.20493 of 2022

Heard the learned counsel for the petitioner and the learned

Government Pleader for Revenue appearing for thc respondents.

With their consent, the Writ Petition is disposed of at the stage of

adrnissior-r

Seeking to direct the rcspondent Nos.2 to 4 to pass the

validation orders in respect of thc petitioncr,s unregistered

agreement of sale dated 08.03.2004 by collecting necessary stamp

duty to that effect forthwith, the petitioner has filed the present Writ

Petition.

Learned Government Pleader has fairly statcd that the official

respondents will follow the procedure contemplated under Section

71 of the Registration Act, 1908 (Ior short'the Act,).

Section 71 of the Act reads as follows

"Reasots for refrcnl to ragistcr to hc rccorrlul

I

I

(1) Euery Srrh Rcgisfrnr rttt5iug to rL:gistur t iocrtntcttt, crcept oi tlq

grourtd tlnt tlrc propcrty to roltich it rclntcs is ot sitrtntcd uithin ltis strh

district shnll ttroArc nn ttrder of rL:frsnl ond rccordcL! his rensons for such

order itt lis tsook No.2, ntrd ctulttrsc tlrc utords "tcgistnltiol refitsctl,, ott

tle docune l; atd, o npfliLntit)tr mndt,by auy ltct \ott c.titrrtittg or

cloinitg ttrttlcr tlrc doarnrcnt, shall, tttilho payntcnt and uuneccsstry

delay, gktc hiu o coptl of tlr n:nsrttts stt rccordul.

ORf)I]R:

2

Q) ^{No rcgisteing officer shall ttccept} lor ^registrutiot t dounLent so enrlorsed

trnLess awl uttil, utder the prouisions hereinafter contnirLed, the

doctmtent is directed to be registered.''

ln view of the above submission ma.le by the l