Yg$niqltg.qpgl v. Registration), Secretariat, Hyderabad

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or direction preferably Writ of Mandamus, dectaring the action of the Respondent No.2, in not receiving, registering and releasing the sale deed presented by the petitioner in respect of House No.24-247t6 (part) on plot No.265, in survey No.472, admeasuring 240 sq. yards or 94.46 sq. meters, situated at Lalwani Nagar, East Anandbagh, Malkajgiri, under GHMC of Malkajgiri circle and mandal, Medchal Malkajgiri District, as illegal, arbitrary and contrary to provisions of law and violation of Article 300-A of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the sale deed I any other deeds presented House No.24-241,/6 (part) on plot' i i i i i I i ! : I I I i I i t :i l I I ; : No.265, in survey No.472, admeasuring 240 sq. yards or 94.46 Sq. meters, situated at Lalwerni Nagar, East Anandbagh, Malkajgiri, un'der GHMC of Malkajgiri circle and mandal, Medchal Matkajgiri, District without insisting No-objection Certificate (NOC)from the Respondent No.3. Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 forthwith to receitre, process, register and release the sale deed I any other deeds in respect of House No.24-24716 (part) on Plot No.26S, in Survey No.472, admeasuring 240 Sq. yards or 94.46 Sq. meters, situated at Lalwani Nagar, East Anandbagh, Malkajgiri; under GHMC of Malkajgiri circle and mandal, Medchal Malkajgiri Districl, presented by the petitioner, without insisting No-objection Certificate (NOC) from the Respondent No.3, pending disposal of the writ petition in tlre interest of justice. Counsel for thr: Petitioner: SRI KATYAYANI MITTAPALLI Counsel for the Respondents No.1 & 2: SMT. S. SRAVANTHT, AGP FOR STAMPS AND REGTSTRATION Counsel for th,e Respondent No.3: SRI FARHAN AZAM KHAN, S.C. FOR TSWB The Court macle the following: ORDER r) THE HONOURABLE SRI WSTICE K.SARATH m No.2871 of 2O24 ClrItIqIE Heard Ms. Katyayani Mittapalli, learned counsel for the petitioner, Mrs. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.l to 2 and Mr. Farhan Azam Khan, learned Standing Counsel for the respondent No.3. With their consent, this Writ Petition is disposed of at tJre stage of admission itself.

2. Aggrieved by tJ:e action of the respondent No.2 in not receiving, registering and releasing the sale deed presented by the t petitioner in respect of House No.24-247 /6 (part) on Plot No.265 in Survey No.472, admeasuring 24O Sq. Yards (or 94.46 Sq. meters) situated at Lalwani Nagar, East Anandbagh, Malkajgiri, under GHMC of Malkajgiri Circle and Mandal, Medchal Mafkajgiri District, the petitioner filed the present Writ Petition

3. karned Assistant Government Pleader for Stamps and Registration submits that without presenting the subject document, the petitioner has approached this Court seeking registration of the said document. If the petitioner presents the sarne before the Registering authority, the respondents will receive 2 the same and follow the procedure as contemplated under Section 7l of the Registration Act, 1908 (for short, the Act, 190g).

4. Section 7l of the Act, 190g, reads as follows: l?easons for refusal to register to be recorded.- ll) Every Sub-Registrar refusing to register a document, r:xcept on the ground that the property to which it relates is :rot 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. (21 No registering oflicer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

5. [n view of the aforesaid submissions coupled with the provision under section 7r of the Act, 190g, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document that may be presented by the petitione:r in respect of the subject propert5l, subject to the petitione:r complying with the provisions of the Act, 19og as well as the l'dian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the document presented before him, if he has 3 Erny objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. [t 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. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD'. S. MALLIKARJUNA ASSISTANT \ To

1. The Principal Secretary (Stamps and Secretariat, Hyderabad' : OFFICER of Telangana,

2. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri District' 3. The Chief Executive OJficert Telangana Wakf Board' Huz House' Nampally' Hyderabad

4.oneCCtoSRlKAWAYAN|MITTAPALLI,Advocate[oPUc]

5.TwoCCstoGPforSt?BPg.SrrdRegistration,HighCourtfortheStateof iiir"ngJna it HYderabad' [oUTl

6. One CC to SRI FARHAN AZAM KHAN' S'C' for TSWB [OPUC] 7. Two CD Copies MP TJ My l i I !! Ii I I I i I i I I I I I I I i I I I I I I I I I I I .n, l I i HIGH COURT D:09/1012025 s 2 5 Fi:B ?fr?fr )f "., * ER WP.No.2871 of 2024 DISPOSING OF THE WRIT PETITION UT I i I I I : i : : : : i I I I I I 0\ 1 Ib \ ?,"