Ashwin Kumar Rameshbhai Pandya v. 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 issue an order or direction more particularly one in the nature of W_rit of iVlandamus declaring the action of the respondents in not accepting.-the Sale De_ed in respect of the Plot Nos. 282 and 286, admeasuring 400 Sq. yat'ds or 334 4 Sq' meters in Sy. No. 255, 256 & 257, situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District though the said property is not included in the prohibitory list as prepared U/Sec.22-A of Registration Act, 1908, and though the above property is not part of any wakf property, as illegal, unlawful, contrary to law.and consequently direct the 4th respondent to accept the above document of the petitioner in resp-ect of the above property for the purpose of registration and release the same. lA NO: 'l OF 2025 Petition under section 1sl cpc praying that in the circumstances stated in the affidavit filed in support.of_the petition, irre trigh court may be preased to jrant interim order directing the 4111 respondent to re"gister and rerease the Sare deed sought to be presented by the petitioner in respe-ct of the prot Nos. 282 and 286, a.dmeasuring 400 Sq. yards or 334.4 Sq. meters in Sy. No. ZSS, ZSA a iit, situated at Manikonda Jagir Viilage, Ganoipet Mandar, Ranga Reddy oi.trlt, pending disposal of rnain Writ petition. Counsel for the Petitioner: SRt M. DAMODAR REDDy Counsel for the Respondent No.1 to 4: ASST. Gp FOR STAMPS & REGISTRATION Counsel for the Res;rondent No.S: SRI FARHAN AZAM KHAN. SC FOR TS WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.632 2 0F 20/25, ORDER: Heard learned counsel for the petitioner, learned Assistant Govemment pleader for Stamps and Registration appearing for respondent Nos.l to 4 and the learned Standing 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 hled for the following relief: "... to issue an order or direction more particularly one in t1le nature of Writ of Maldamus declaring the action of the respondents in not accepting the Sale Deed in respect of the plot Nos.2g2 and,2a6, admeasuring 400 Sq. yards or 334.4 Sq. meters in Sy.No.255, 256 and 257 situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District though the said property is not included in the prohibitory list as prepared TJ /Sec.22_A of 2 Registration Act, 19O8, and though the above property is not part of any Wakf property, as illegal, unlawful, contrary to law and consequently direct the 4s respondent to accept the above document of the petitioner in respect of the above property for the pufpose of registration and release: the same."

4. Learnt:d Assistant Government Plea.der has stated that the respondents will follow 1,he procedure contemplat3d under Section 71 of the Registration Act, 1908 (for short, the Act, 1908J.

5. Section 71 of the Act reads as follows: Reas,:ns for refusal to register to be recorded.- (1) I)very Sub-Registrar refusing to register a docurn.ent, except on the ground that the propr:rty to rvhich it reiates is not situated within his sub- districl, shall make an order of refusal and record his r,:ersons for such order in his Book No.2, and endorsre the words "registration refusr:d" on the docun:.ent; and, on application made by iany persor. executing or claiming under the document, shall, without payment ald unnecessary delay, give him a copy of the reasons so recorded. 3 (2) . No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.,, 6 Learned counsel for the petitioner has tairly acceded to the submission made by the learned Assistalt Government Pleader.

7. Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the 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 Indian Registration Act, 1908, arrd Indian Stamps Act, 1g99. If the Registering Authority refuses to register the documents, 4 he/she hasr to specifically assign ttre reasons in terms of Section 71 of the Act, 1908 and communicate the said decision t'c the petitioner. Miscellaneous petitions pending, if any, shzrll stand closed. No order as to costs. //TRUE COPY// SD/. K. SREE RAMA MURTHY STRAR A r) FFICER Department' e en6iaf , and Rdgistration, covernment of Telangana, The State bf Telanganb, Secretariat.Hyderabad. ^ Hvderabad.

1. The Principat Secretary, Revenue (Stamps and .Registration) 'stamps Z. iii" f "iie.tor 3. i6e Oistrict R'-.gistrar, Ranga Reddy District, Hyderabad. a fn" SuO Recisirar. Serilinqimpallyi Rajendrangar, R.R District' s. in" cr'"r Eiecutive offic&, Telahganb State Wakf Board, Haj House, o. One CC to sFl[ M. DAMODAR REDDY, Advocate tOPUCl 7. O;; CC io STII TANHNT.T AZAM KHAN; SC fOTTSWAKF BOARD t9P99I B. il; ccr t" c i ron srnH71ps & REGisrRATloN, High court for the state 9. Two CD CoPi,:s Razzak Manz l, NamPallY, HYderabad. of Telangana. [OUT] BN/BN To, l I HIGH COURT DATED:0310il2025 CC TODAY ORDER WP.No.6322 o12025 { H€ sTAIF U 1 \t\[S 2$[ o a c 9^ 'a.k \* -ii .;r P,rl C t DISPOSING OF THE WRIT PETITION WITHOUT CC)STS \ /--'' \