High Court · 2025

3. Srirama Mahender, S/o. Narsaiah, Aged about 45 years, R/o. Asifabad, 4. tVukka Krishna [\/urthy, S/o. Vittal, Aged about 48 years, R/o 12-1312, Jain 5. Guwala Papaiah, S/o. Looraiah, Aged about 60 years, No. 7-125, Paikaji Mandir Road, Asifabad, Kumarambheem Asifabad District. Nagar,Asifabad,KumarambheemAsifabadDistrict. ...'ET.T'ONERS AND Secretariat, Hyderabad. '1 . State of Telangana, Rep. by its Principal Secretary, Revenue Department, 2. The District Collector, Kumarambheem Asifabad District. 3. Telangana State Wakf Board, Razzak Manzil, Opp. Public Gardens, Nampally, Hyderabad, Rep. by its Chief Executive Officer. 4. The District Revenue Officer, Kumarambheem Asifabad District. 5. The District Registrar, Kumarambheem Asifabad District. 6. The Sub-Registrar, Asifabad, Kumarambheem Asifabad District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the 4th respondent in including the land in Sy.No.61 of Asifabad Village and Mandal, Kumarambheem Asifabad District among the prohibited properties by treating the same as a Wakf property in Letter No.34lADB/Regnl2007 dated 22.O2.2014 and the consequential action of the 6th respondent in refusing to register the documents pertaining to the said survey number, as illegal, arbitrary and unconstitutional and to issue a consequential direction to the 6th respondent to receive and register documents .f pertaining to land in Sy.No.61 of Asifabad Village and [t/ a rdal, Kumarambheem Asifabad District without reference to the letter of the 4tl- respondent in Letter No.34/ADB/Re gnl2O07 dated 22.02.20 1 4 IA NO: 'l OF 2020 Petition under :Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in :;upport of the petition, the High Cor ft may be pleased to direct the 6th respondent to receive and register documenls pertaining to land in Sy.No.61 of Asifabad Village & lVlandal, Kumarambheem A,;ifabad District without reference to the letter of the 4th respondent in Letter .10.34/ADB/Regn/2007 dated 22.02.2014, pending disposal of the Writ Petition Counsel for the Petitioner: SRl. VEDULA SRINIVAS Counsel for the Respondents: AGP FOR STAMPS AND RI:GISTRATION The Court made the following: ORDER -*tjal%=F ".. .- - i.:.. ::. / THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.542 OF 2O2O ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps ancl Registration appearing for the respondents.

2. The learned Counsel lor the petitioners would subrnit tl-rat the present writ pctition questioning the action of the respondent No.4 in including the land tn Sv.No.61 of Asifabad Village and Mandal, Kumarambheem-Asifabad District among the prohibitecl properties by treating the as Wakf property in Letter No.34/ADB lRegnl2OOT dated 22.O2.2014 and consequential action o[ the rcspondent No.6 in refusing to register the documents pertaining to the said surve)r numbcr and sought a direction to the respondent No.6 to receive and register the documents pertaining to the land in Sy.No.61, without reference to the letter No.3a/ADB/Regn/2OO7, dated

22.O2.2014. 2 \. -^,lqqFli*n! '\ rtu:''*i# -II 1'..,: 'i\ .\ /,. , J ll'l' No.5,12 of )D0

3. The lealned Counsel for the petitionol s wouid further submit that while admitting the writ peti :ion, this Court passed interim orders in I.A.No. I of 2020 rr WP No'542 of 2O2O on 21 04.2O2O directing the respon'lents to receivc the documcnts pertaining to the land in Sy'No 61 ot Asifabad Village and Mandai, Kumarnrbhe:em-Asifabad District, if tlLe documents are in order, sul' iect to the result o[ the u,rit petition. In spite of same, the I cspondents have not register the d ocuments presentcd b-r ihc petitioners' He would further submit that, even after 1z pse of more ttran five years, the rcspondcnts did not chose to file counter or vacate petition denying the avermentr; made by the petitioners in the writ affidavit and requcsted to direct the respondenLs to receive and register rhe documents presented l.ry the petitioners pertaining to the suit schedule land.

4. The Assistant Government Pleader ri'ould submit that pursuant 1o the interim orders passed by this Court on -- - 2r.04.202() in I.A.No. I of 2020 in wP N0.542 0f 2020, the ;,Hc.&,r n1 3 s/(, J WP !t'o.542 of 2020 petitioners have not presented any documents for registration arrd il the petitioners presents the documents, the respondents will follow the procedure conternplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908')

5. The Section 71 of the Act 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 propcrtv 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 rvords "rcgistration refuscd" on the document; and, on application madc 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 Lhe provisions hereinafter contained, the document is directed to be registered. \ I

6. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ !!r!--\:.F{ffim \-.-tr:-!-€il 4 .r ti. J lV I' No.542 ol J020 petition is tlisposed of directing the Registe ing Authority to receive, register and release the subject dr, r.:ument, subject to the petiticners complying u,ith the provisions of the Act, 1908 as wcll as the Indian Stamp Act, tB9 it. It wili be open to the Rr:gistering Authority to relus€r the document presented before him, if he has any obiection, by duly asslgnlng reasons ln support of suclr decision and communicate the said dccision to the petit;oners. It is made clear that t his Court has not expressecl any opinlon on merits of thc case as to the entitlement of .he petitioners to get the subjt:ct document registered.

7. Miscellaneous Petitions, il any, pen ling in tl-ris ivrit petition sirall stald closed. No order as to r:osts. //TRUE COPY// sd/ . A.F Gsi\ .S. GOWRI SHANKAR s-lsrarur REGTSTRAR .. SeCftOru OFFICER ariat, T.S.,Hyderabad Telangana y, Hyderab ad State Wakf Board, Razzak fManzil, The Principa lSecretary, Revenue Dep artment, Se The District Collector, Kumarambheem Asifabad Distri ;t The Chief Exercutive Officer, Opp. Public Gardens, Nampall The District Revenue Officer, Kumarambh eem Asifabz d District The District Registrar, Kumarambheem Asifabad Distr ct. The Sub-Reqistrar, Asifabad, Kumarambheem AsifabiLd District. One CC to SP.l. VEDULA SRlNlvAS, Advocate [OPUtr] Two CCs to AGP FOR STAMPS AND REGISTRAT ON ,High Court for the State of Telanr;ana at Hyderabad [OUf] Two CD Copies BM PVL To, 1 2 3 4 5 6 7 B I / HIGH COURT DATED:01 10712025 ORDER WP.No.542 of 2020 r x. .\. ,...'.' t0 sEP 2$ffi I r] ) --a, -.-.. ri-_tc .: ,/t' ..2' DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/4 4rg & /s /lt