✦ High Court of India · 03 Mar 2025

The High Court · 2025

Case Details High Court of India · 03 Mar 2025
Court
High Court of India
Decided
03 Mar 2025
Length
1,016 words

S, ru;-'j,;?8r,H Sil ffir;;Ai'-?r,"# #l.r."r"S1,,",lf B u s i n es s, Ri/o. H N o 1 - AND 1 2 IlSS:11:,?:,',""li?g&lfrfi EtioJ"HJ;,Xii:f, i:::iB:",Revenue(Stamps General, stamps and Resistration, Government of retangana, I?3J1"t8"?",. ...PETITIONER

3. The District Registrar, Ranga Reddy District, Hyderabad. 4. The Sub Registrar, Serilingampally, Rajendrangar, R.R. District. 5. Telangana State Wakf Board, Rep. by its Chief Executive Officer Haj House, Razzak Manzit, Nampatty, HvOerj6aid. ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may oe pleased to issue an order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the respondents in not accg'$ng the Sare Deed in respect of the plot Nos. 281 and 285, admeasuring 400 Sq. yards or 334.4 Sq. meters in Sy. No. 2SS,256 and 257, situated at Manikonda Jagir village' Gandipet Mandar, Ranga Reddy District though the said property is not included in the prohibitory rist as prepared rJtsec.22-Aof Registration Act, 1908, and though the above property is not part of any Wakf property, as illegal, unlawfur, contrary to raw and consequenry direct the 4th respondent to accept the + :!,i 3, .? above document of the petitioner in respect of the above property for the purpose of registration and release the same IA NO: 10F 2025 Petition under Section 151 CPC praying that in the r;ircumstances stated in theaffidavitfiledinr;upportofthepetition,theHighcor'rrtmaybepleasedTo grant interim order directing the 4th respondent to register and release the Sale Deed sought to be presented by the petitioner in respect of the Plot Nos' 281 and 285, admeasuring 400 Sq. yards or 334'4 Sq meters in Sy No 255' 256 and 25T,situatedatManikondaJagirVillage,GandipetMandal,RangaReddyDistrict' pending disposal of rrain Writ Petition' Counsel for the Petitioner : SRI M'DAMODAR REDDY Counsel for Respondents No'1to4 : ASST'GP FOR STAMPS & REGISTRATION Counsel for the Respondent No'5 : SRI FARHAN AZAM KHAN' SC FOR WAKF The Court made the following: ORDER THEHoNO E SRI JU STIC EJ. s RAO WRIT PETITION lYo.63 11 0F 2025 ORDER: Heard learned counsel for the petitioner, leamed Assistant Govemment pleader for Stamps arld Registration appearing for respondent Nos. 1 to 4 and the learned Stalding Counsel for respondent No.5. 2 With their consent, the writ petition is being disposed of at the stage of admission 3 ThiS writ petition is frled for the following relief: "... to issue al order or direction more particularly one in the nature of Writ of Maldamus declaring the action of the respondents in not accepting the SaJe Deed in respect of the Plot Nos.281 and 2g5, admeasuring 4OO Sq yards or 334.4 Sq meters in Sy.No.255 256 and.257 situated at Manikonda Jagir Village, Gandipet Mandal, Rarga Reddy District though the said property is not incruded in the prohibitory list as prepared U/Sec.22_A of Registration Act, 190g, and though the above property is not part of any Wakf property, as illegaI, unlawful, contrary to law ald consequenfly direct the 4th respondent to accept the above document of the 2 petitioner in respect of the above property for the purpose of registratioll artd release the same'" 4, Learned i\s;sistant Government Pleader has stated that the respondents wi.ll follow the procedure contemplated under Section 7l of the Registration Act, 19O8 (for short' the Act' 1908')'

5. Section 71 of the Act reads as follows: Reasons for refusal to register to be recorded'- (1) trveq' Sub-Registrar refusing to registff .a.document' L'l*ri."'ir," s.or,,,f, tn''t the property to which it relates is notsituat-edwithinhis"'U-A"tti"t'shallmal:eanorrlerof refusal and record his reasons for such order in his Book No' i,'-""a-.:na-se the word s "registration refused" ol-r the dlcu-ent; a.rd, on application made by any person executing, cr claiming under the document' shall' wrthout Davment eld unnecessary delay' give him a copy of the ."""oar" so recorded. (21 No r documen.t provision s be registr:red." egrstering offircer shall accept for "*o eniorsed unless and until' hereinafter contained, the document registra.tlon a under the is dire<:ted to

6. Learned (lounsel for the petitioner has fairly acceded to the submission ma-de by the learned Assistant Government'Pleader'

7. Recording the above submission made bv learned counsel on either side af1il without expressing any opinion on the merits of the 3 case, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document(s), presented by the petitioner, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of a copy of this order, subject to the petitioner complying with the provisions of the Indiar Registration Act, 19Og, and Indian Stamps Act, 1g99. If the Registering Authority refuses to register the documents, he/she has to specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. Miscellaneous petitions pending, if any, sha1l stald closed. No order as to costs, //TRUE COPY// SD/- K. SREE RAMA MUF,THY I ASSISTANTREGPTRAR \ sEcfloN Ep.'ce* To, I Hyderabad. Secretariat, State of Telangana, Hyderabad.

1. The Principal Secretary, Revenue (Stamps and Registration) Department, z. i6e tnipecioi General, Sta"mps an6 Registration, Govemment of Telangana, 3. The District Registrar, Ranga Reddy District, Hyderabad.-. . . ..,. 4. The Sub Registlar, Serilingampally, Rajendrangar,-R H' urstrrct' s. The Chief eiecutive offic;r, Tblarigani State WaK Board, Haj House' o. one cc to sni u.oAuciDAR REDDY, Advocate. tqPucl - i: il; cci tJcp roa srnrrlps AND REGlsrRATloN, Hish court for the a. 6nd-ct io SiiFAnHntl Aznu xnRu, sc FoR wAKF BoARD. [oPUc] 9. Two CD Copies. Razzak Manzil, Nampally, Hyderabad. State of Telangana. [OUT1 BSI(BN HIGH COURT DATED:031031'2025 CC TODAY ORDER WP.No.6311 of 2025 e STATs th, ) o () 0 7 f,iii 2C25 P () ,$ * , srrA; r * ^' ": DISPOSING OF THE WRIT PETITION WITHOUT COSTS \)-----

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