The High Court · 2025

THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.94O4 of 2025 ORDER: Heard learned counsel for the petitioner ald learned Assistant Government Pleader for Sta-mps and Registration and learned Standing Counsel for the Telangana State Waqf Board appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission'

2. Aggrieved by the inaction of the Respondents 2"d not receiving the document presenled by the petitioner for the resid.entia-l Flat bearing No.304, in 3'd floor of Vijaya's Thrayambakam bearing H.No.42-749 152 and 60/304, PTI No.l171067907, on Plot Nos. 52,53,6}lPart and 6l in Survey Nos.359/ 1 and 359 I 3, situated at Sardar Patel Nagar, Moula-ali, under GH\4C, Malkajigiri Circle and Maldal, Malkajigiri-Medchal District, the petitioner hled the present writ petition.

3. Learned Assistant Government Pleader has stated that the respondents wiil follow the procedure contemplated I I i 2 s1(, J wP 94.04 2025 under Section 71 of the Registration Act., 1908 (for short, the Ac1-, 1908)

4. The Ser:tion 71 of the Act, 1908, reads as follows: Rcrasons for refusal to register to be recorded.- (1 1 Every Sub-Registrar refusing t,r register a document, except on the ground that l.he property tc, rthich it relates is not situated wi*rin his sub- district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and er--dorse the words "registration refus;ed" on the dccument; and, on application made trl any person exer:uting or claiming under the document, shal1, u'ithout payment and unnecessary derlay,. give him a :opy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and unti1, under thc provisions hereinafter contained, 'the document is directed to be registered.

5. In vieu. of the above made submissiorLs coupled with the provision under Section 71 of the Acr,, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject docr-rment, subject to the petitioner complying with the provisions of the Act, 3 sK,./ wP,9404,2025 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 petitioner' It is made clear that this Court has not expressed any oplnlon on meritsofthecaseaStotheentitlementofthepetitionerto get the subject document registered

6. Miscellaneous Petitions, if any, pending in this petition sha-ll stand closed. No order as to costs' //TRUE COPY// SD/.T. TIRUMA DEVI DEPUTY RE ISTRAR SECTION OFFICER The Prinpipel $ecretary, (Stamps and Registrations)' Secretariat' State of felangana at HYderabad. ih" S"rO-n"gisiiar, N,tatkajisiri, Mlakaiigirr/Medctral District . in" Cr,i"t Eiecutive officli retangana State Wakf Board' Huz House' NampallY, HYderaba( . i*" bEr't"'Ai ron nevEnUE, High Court for the State of relangana at B'":"St?3 JBi'Ji*r, vE N KArA RAMANA sARMA, Advocate [o Puc] . 6;; ii io $Rt rnnunru AZAM KHAN, Advoqate (QPUc) . two 0D CoBiet 1 2 3 4 0 q I \ To, SA BS !,1 t I HIGH COURT DATED:2710312025 ORDER WP.No.9404 of 2025 ( 5 o o 5T ATE t{E Ao Ii \ [Pq ?ffi I rDggs,r,a'' o ,t t DISPOSING OF THE W.P WITHOUT COSTS.