High Court · 2025

2 M/s. Jilla Chandrika, D/o. Late J.K. Srinivas, aged about 23 years, Occ. Student, rep. by her GPA Holder Dinesh Jilla S/o. Late J.K. Srinivas, (vide GPA 12316/E12024, dl 09-10-20241 R/o Flat No 102,2nd floor, Sri Brindhavanam, Sri Laxmi Nagar Colony, f\ilanikonda Manikonda Jagir, K.V. Ranga Reddy District. 3 Smt. J.S. Chandrakala, Wo. Late J.K. Srinivas, aged about 49 years, Occ. Household, R/o. Flat No. 102,2nd floor, Sri Brindhavanam, Sri Laxmi Nagar Colony, Manikonda Manikonda Jagir, K.V. Ranga Reddy District ...PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad. 2 3 4 5 The lnspector General, Stamps and Registration, Government of Telangana, Hyderabad. The District Registrar, Ranga Reddy Diskict, Hyderabad. The Sub Registrar, Serilingampally, Rajendrangar, R.R. District. Telangana State Wakf Board, Rep. by its Chief Executive Officer, Haj House, Razzak Manzil, Nampally, Hyderabad. ...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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not accepting the Release Deed in respect of the residential Plot No. 40/B, admeasuring 200 Sq. yards of the Residential building consisting of stilt for parking + 2 Upper Floor, totar buirt up area 2460 Sq feet and excruding car parking 1230 sq feet in Sy.No.185, .,,86, 195 & 196 part, situated at Lakshmr Nagar colony, Manikonda Jagir Vi'age' Gandipet Mandar. Ranga Reddy District though the said property is not incruded in the prohibitory rist as prepared tJtsec.22-A of Registration Act, '1908, and though the above property is not part of any Wakf property, as illegal, unlawfur' contrary to aw and consequenry direct the 4th respondent to accept the above document of the petitioners in respect of the above property for the purpose of registration and release the same. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the circumstances stated rn the affidavit fired in support of the petitron, the Hrgh court may be preased to grant interlm order drrecting the 4th respondent to register and release the Release Deed sought to be presented by the petitioners in respect of the residential Plot No 40/8, admeasurng 200 Sq. yards of the Residential building consistrng of stirt for parkrng + 2 lJpps Froor, totar buirt up area 2460 sq. feet and excluding car parking 1230 Sq. feet in Sy. No. .185,186, 195 and 196 part, situated at Lakshmi Nagar colony, Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District, pending disposar of main writ petition Counsel for the petitioner: SRI M.DAMODAR REDDY COUNSEI fOr thE RESPONdENT NO.1 tO 4: AGP FOR STAMPS & REGISTRATIONS Counsel for the Respondent No.5 SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD The Court made the foltowing: ORDER T THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.4O2O of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration and learned Standing Counsel for the Telangana State Wakf Board appearing lor the respondents. With their consent, this writ petition is disposcd of at the stage of admission.

2. Aggrieved by the action of the respondents in not accepting the Release Deed in respect of the residential Plot No.4O/8, admeasuring to an extent of 2OO Sq. yards of the Residential building consisting of stilt for parking plus 2 Upper Floor, total built up arca 2460 Sq. Feet and I excluding car parking 1230 Sq. Feet in Sy.Nos. 185, 186, 195 and 196 part situated at Lakshmi Nagar Colony, Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District, the petitioners filed the present writ petition.

3. The Assistant Government Pleader has stated that the respondents rvill loilow the procedure contemplated under Section 71 of the Registration Act, 19Og (for short, 'the Act, l9O8J sx, .r W.P.No.4OZO oJ ZO2S

4. The Section follows: 7l of the Act, 19Og, reads as Reasons for refusal to register to lte recorded..- (f ) Evcry Sub_Registrar refusing ro register a documcnt, except on the ground that the property to whicit it rclzttes is not situated with in his sub district shall make an rtrder of rclusal and recorded his rcasons for such order in his Book No.2, and endorse. the rvords,,rcgistration refusr:d,, on the document; and, on applicatron made by any person exccLt tlng or claiming undcr [he clocuntent, shall, u'ithout payment and unneccssary delay, grve him a copy of the rcasons so rccorded. (2) regrstcring officer shall No :r document so enclorsed registration until, under the provisions hereinafter the document is directed to bc registered. acoept lor unless and con taine d,

5. In vieu, of the above made submissions coupled with the provision rrnder Section 71 ol the Act, l9og, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying \.r/ith the provisions of the Act, I I SK, J W.P.No.4O2O oJ 2025 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand close d. No order as to costs. //TRUE COPY// SD/-A.V.S. PRASAD DEPUW REG ISTRA SECTION OFFICER To, lThePrincipalsecretary.Revenue.(StampsandRegistration)Department' Secretariat, Hyderabad. State ot lelangana'

2. The lnspector General, Stamps and Registration' Government of Telangana' Hyderabad.

3. The District Registrar, Ranga Reddy District' Hyderabad' 4. The Sub Regrstrar, Serilingampally' Ralendrangar' R R' District' 5. The Chief Executive Officer' Telangana State Wakf Board' Haj House' " nrirur Mrniil, NamPattY' HYderabad 6 One CC to SRI M'DAMODAR REDDY' Advocate [OPUC] T One CC to SRI FARHAN AZAM KHAN' SC FOR WAKF BOARD [OPUC] B Two CCs to GP FOR STAMPS & REGISTRATIONS' High Court for the State - oit"t"ngrna at HYderabad [OUT]

9. Two CD CoPies o BSR BS HIGH COURT DATED: 2010312025 I t\ E I Ale' (3 (o o l6 I,IAR $ I:m. i * bASpnrcP {_\) * ORDER WP.No.4020 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS u