High Court · 2025

Petition under ArtiEle 2?6 ol tl:re Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ ordet or Direction more particularly one in the nature of Writ of Mandamus to declare the action qf the lgspondents particularly the 2nd respondent in refusing to receive, register and release sale deed in respect southern part 0f residential house bearing (3-17511 admeasuring 418.66 sq.yds. out of 658.66 sq. yds in survey Nos. 384/1 , 386111213 and 387/3 situated at Hanuman Nagar qithin the limits of Greater Hyderabad Municip4l corPoration, Malkajgiri circle and Mandal, Medchal-Malkajgiri District as illegal arbitrary against the provisions of Registration Act and against the settled principle of law and consequently direct lhe 2r1d respondent to receive, register and release the above property. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High coud maY be plgased to direct 2nd respondent forthwith to receive, register and release the'sale deed in respect of southern part of residential house bearing 43'17511 admeasuring 418 66 sq.yds. out of 658 66 sq. yds in survey Nos 384/1 , 38611t213 and 387/3 situated at Hanuman Nagar within the limits of Greater Hyderahad lr4unicipal Corporation, Malkajgiri Circle and Mandal, l\4edchal.Malkajgiri Digtrict' Counsel for the Petltioner: SRI GUDI MADHUSUPHAN REDqY Counsel for tfie Respondent Nos.1 and 2: FP FOR REVENUE counsel for the Respondent No.3: SRI FARHAN AZAU KHAlt, SC FOR THE TELANGANA SIAT€ WAKF PORAD The Court made the following: ORDER , THE HONOURABLE SRI JUSTTCE K.SARATH WRIT PETITION No-9244 of 2025 ORDER: Hcard learned counsel for the petitioner and learned Assislant Government Pieader for Stamps and Registration and Sri Farhan Azam Khan, learned Standing Counsel for the Telangar-ra State Wakf Board appearing for the respondents. With their consent, this writ petition is drsposcd of at the stage of admission

2. Aggrieved by the inaction of thc respondent No.2 herein in refusing to receive, register and release Sale Deed tn respcct of southern part of residential house of the pelitioner bearing No.43-17511, admeasuring to an extent of 418.66 Squarc yards ouL of 658.66 Square yards 1n S',,.Nos.384/ l, 3861 I l2/3 and 387 /3, situated at Ilanuman Nagar u.itlun thc limits of Grcater Hydcrabad Municipal Corporation, Malkajgiri Circle and Mandal, Mcdchal-Ma-lkajgiri District, the petitioner filed the present rvnt pe trtion. o sr, J W.,P.No.9244 oJ 2O25

3. The Assistaut (lovcrrlment Pir:ader hiLl; statcd that the respondcnl s will ltrllor,," thc procedurc corlt.enlplated under Section 7l of the Rcgistration Act, 1908 (f,lr short, 'the Act, lq08').

4. The Section 71 of the Act, 1908 reads as follows: Iicrsons lor t-i'[ttsal lo rcgistcr to l;c rcccrdcrl. (1) !,r-rrrr Sr-rb lRcgistrar rc[using t< re gistcr a rlo: lrnrr r.tl. ( x('cl)t ott the groltt.id that tl'c prol)erty to ri l-,ic1r it t'r'litltrs is Irot sttuatcd rvitl Lirl his sub (1islr1cL sh;tll rnzrkc iltl orclr:r oi rt:fusal lnd rccorded hts rr rasotis ior such ordcr iu his tsooll No.2, and t:rrrlr>rsc' tltt: u'ords "registrarl ior-r re[usgd' on the rlocurn<'nL. :ttrcl. on application made by any pe rson r:x. r't-ttirtg or <:lairnir-tg undcr tllc docrtlnent, shall, \rllror,rl l)itlrltcttt arltl Ltnncctlssary delzr-v, givc hrm a copv of [hc t t ltsons so re cordccl. (2) No r-cgislcr-ing oll-ict:r shall trcccpt for reqistration a rLocuntt'nl so crtdrtrsecl unlcss zrncl utltll, tlndcr the provistot'rs ltercittaltcr contatncd, the ctocument is dilcct r:rl to trt: rcgis[ert:d.

5. In vir:w of t.he above made submissions coupled with the provision undcr Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, rcgistcr and rclease the subjcct (locument, subject / ,, s6J W.P.No.9244 of 2O25 to the petitioncr complying with the provisions of the Act, l9O8 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented beforc him, il hc has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed aly opinion on mcrits of the pase as Lo the entitlement of the petitioner to gct the subjcct document registered. There shall be no ordcr as to costs

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closcd //TRUE COPY// SD/-A.V.S. DEPUTY RE SECTION AD AR PRI; cr9TR &r," ER \ . an" Princrpal Secretary, Revenue Department Secretariat' State of Telansand' Hyd""bt?dti"io 2 The Sub Registrar' N 3 The chief Executtve 6ifi;';; Ni;il;;iv' iir" i6'1'ngana state wakf Board' iri. Medchal Malkajgiri District Hvderabad. 6'";'cCi; Sri Gudi Madhusudhan Reddy' Advocate [oPUCl Two cCs to GP for neuen,"]li6n C6itior tne Sibte-of Telangana' at Hvderabad [OUT] Ohe CC to Sri Farhan Azam Khen, SC for the Tela4gan4 $tate Wakf Board[OPUC] Two CD CoPies to'', 4 E, 6 7 TJ BS HIGH COURT DATED:2610312025 ORDER WP.No.9244 ot 2025 1 HE S14r€ o o A{1 iP 2 6( >z s l1 's CIEla DISPOSING OF THE WRIT PETITION WITHOUT COSTS ItP I I I I I I i I I i I I I : i I l I I t I i I I I I