Kompella Vishwanath v. 1. The State of Telangana

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 pass an order or orders one in the nature of WRIT OF MANDAMUS declaring the action gf the 2nd Respondent in refusing to receive and register the document presented by the Petitioner in respect of the Plot no.36' in Survey no.42, admeasuring 200 Sq.Yards or 167.2 Sq.Mtrs., situated at Boduppal Village and Gram Panchayat, Medipally Mandal, (the then Ghatkesar Mandal), Medchal- Malkajgiri Districi the then Ranga Reddy District without assigning any reason as being illegal, arbitrary and without jurisdiction and against to the provisions of law and contrary rights guaranteed under 300-4 of constitutional of lndia and consequently direct the 2nd Respondent to receive and register the documents presented by the Petitioner in respect of Plot no.36, in Survey nos 42' admeasuring 200 Sq.Yards or 167.2 Sq.Mtrs., situated at Boduppal Village and Gram Panchayat, tr4edipally Mandal (the then Ghatkesar ManJa ), Medchal- Malkajgiri District the then Ranga Reddy District. lA NO: 1 OF 2025 Petition under liection 151 CPC praying that in the circumstiln(ies stated in the affidavit filed in srpt,ort of the petition, the High Court-may be p eased to direct the 2nd .Respondertl herein to receive forthwith and register thr> document presented for registr;ltior by the Petitioner in respect of the Plot n,1.36, in Survey nos.42, admeasuring 200 Sq.Yards ot 167.2 Sq.Mtrs., situated at B,rdrrppal Village and Gram Pan<;hrt'yat, Medchal Mandal (the then Ghatkr:si:r Mandal), Medchal-Malkajgiri I) st'ict the then Ranga Reddy District. Counsel for the Petitioner: SRI D. BHASKAR YADAV Counsel forthe Respondent Nos.1 and 2: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR TELANGANA STATE \^/A,KF BOARD The Court made the lollowing: ORDER L { . THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3354 of 2025 ORDER: Heard learned counsel for the petitioner arrd learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azan KLran, learned Standing Counsel for the Telangana State Wakf Board appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Learned counsel for the petitioner submits that this writ petition is filed by the petitioner declaring the action of the respondents No-2 in refusing to receive and register the document presented by the petitioner in respect of the Plot No.36, in Sy.No.42, admeasuring to an extent of 2OO Square yards or 167.2 Square meters situated at Boduppal Village and Gram Panchayat, Medipally Mandal (the then Ghatkesar Mandal), Medchal-Malkajgiri District (the then Ranga Reddy District), without assigning any reason as being illega1, arbitrary ald without jurisdiction and against to the t .) SI(, J W.P.No 33 54 oJ 2025 provisions of li,i'w and contrary rights guaranteed utlder 300-A of Constituil.ron of India and requested to lirect the responden ts trt lollow the procedure to receive al id register the documerttr; presented by the petitioner in r,:s rect of the suit scheduJ r: property.

3. The .i\ss;istant Government Pleader for Stmps and Registration basing on the written instructions :u bmits thal the petit o rer- had not presented any cl(,cltment for registration :r1ong with requisite fee to the resp,l rdcnts. Had the docur.nt:nt been duly presented, the respor dcnts rvill process ttre si::rne as per the provisions contem cL Lted under Section 7I rf tlre Registration Act, 1908 (for shor',, 'the Act, 1908)

4. The S,:ction 71 of the Act, i908, reads as fc,llorvs Rr'iLs,r ns for refusal to register to be recorde<l (1 Ilvery Sub-Registrar refusing to rcg.st rr a dc r:rr rrent, except on the ground that the pro le; ly to wh i<:h it relates is not srtuated within h s sub- di;trict shall make an order of refusal and r,:cr rded hi; reasons for such order in his Book No.2. and I t srr, J W.P.No.3354 oJ' 2O25 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 registratron a document so endorsed unless and until, under the provisions hereinafter contained, the documen[ is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of thc Act, i908, this writ petition is disposed of directing the Registering Authority to receive, register and release 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 belore him, if he has any objection, by duly assigning reasons 1n 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. There shall be no order as to costs. o ' "",, W.P.No 33 54 oJ 2O25 6. Misr:etlarieous petitions, if any, penciing ir this writ petition shall s;tand closed. //TRUE COPY// IJD,I. T.JAYASREE \DEF'U]Y REGISTRAR \ SECTION OFFICER The State cf Telangana, Hyderabad

1. The Prinr:ipzrl Secretary, Stamps and Registration Department Secretariat, ! Ihe Qub-Rr..gis;trar Office, Uppal (SRO), Medchat-Malkajgiri District 3. The Chief E:xe,--utive Officer, The Telananga State Wakq B,tard, Huz House, 4. OneCC to liri D. BhaskarYadav, Advocate [OPUC] 5. Two CCs tc, GP for Stamps And Registration, High Court fc r the State of 6. Two CD rlc pies Telangana, at lyderabad [OUT] Nampally,, llyderabad l To, TJ m PnnCt HIGH COURT DATED:2710312025 ORDER WP.No.3354 of 2025 J o o t :!r\E s 14 (' 21 fiq, (( lfl?5 i '\ r\ I ?t .9o4:r r,tf O .DISPOSING OF THE WRIT PETITION WITHOUT COSTS $^c. >r\s\>(