Amruth Jaya Prakash Chinnam v. The State of Telangana

Petrtion under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order or direction more particularly in the nature writ of mandamus declare the in action of the Respondents 2nd not receiving the document presented by the petitioner for the residential property bearing No. 25- 4\l5t4l1. PTI No. 1170667486 consisting of G + 1 Floors, southern Portion of H.No. 30-489/49 to an extent of 98 6 sq yards or 82-42 sq.mtrs out of 177 77 or 148.61 sq.mtrs with a totat built up area of 1700 sq.ft (Each floor 850 sq ft) constructed on Plot No.49, part in survey Nos. 544 and 545 situated at East Anandbagh, Malkajigiri, under GHMC, Malkajigiri circle and Mandal, Ivlalakajigiri- medchal District respectively is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 300 -A of constitutional of lndia and consequently direct the 2nd Respondent to entertain the registration of the Sale deed, to receive, process, register and release the Sale deed presented by the petitioner without insisting no-objection certificate (NOC) from the 3rd Respondent. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2nd herein to consider documents filed by the petitioner herein pertaining to the residential property bearing No 2S-4OtSt4t1, PTI No 1170667480 consisting of G+'1 Floors, Southern Portion of H.No. 30- 489149 to an extent of 98.6 sq.yards or 82.42 sq.mtrs out ot 177.77 or .148.61 sq.mtrs with a total built up area of '1700 sq.ft (Each floor 850 sq.ft) constructed on Plot No. 49, part in survey Nos. 544 & 545 situated at East Anandbagh, tt{alkajigiri, under GHMC, Malkajigiri circle and lvtandal, Matakajigiri-medchal District respectively in favour of Vendee. Counsel for the Petitioner: SRI DANTU VENKATA RAMANA SARMA Counsel for the Respondent No.1 & 2: AGP FOR STAMPS & REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR WAQF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.9956 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assisteu'it Government Pleader for Stamps and Registration appearing for the respondent Nos.1 and 2 and Sri Farhan Azam Khan, learned Standing Counsel for the respondent No.3. With their conscrlt, this writ petition is disposed of at the stage of admission itseif

2. Aggrieved by the in action of the Respondent No.2 not receiving the document presented by the petitioner for the residentia-l property bearing No.2S-aO l5 /a I 7, IrII No.1170667486 admeasuring to an extent ol 98.6 Sq.Yards constructed on Plot No.49, part in survey Nos.544 ald 545 situated at East Anzr.ndbagh, Malkajigiri, under GHMC, Malkajigiri circle and Mandal, Malakaj giri-Medchal District, the petitioner filed the present writ petition.

3. The Assistant Government Pleader has stated that the respondents will lollow the procedurc contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1e08J. i lr/ P _99 56 4. The Section 71 of the Act, 1908, reads as follows: .J I(, ./ -2025

2. Reasons for refusal to register to be recorded.- (1) Iivery Sub-Registrar refusing to register a docurnent, except on the ground that the property to which it relates is not situated within his sub- district shall make an order of refusai and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming uader the docume nt, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, un<1er the provisions hereinafter contained, the document is directed to be registered.

5. In vierv of the above made strbmissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is clisposed of directing the Registering Authority to receive, register and release the sr-rbject docunrent, subject to the petilioner complying with the provisions of the Act, 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 objectron, by duly asslgnlng reasons in support of such decision and I 3 SI(, J wP_9956_2025 communicate the said decision to the petitioner' It is made clear that this Court has not expressed any opinion on I merits of the case as to the entitlement of the petitioner to get the subject document registered'

6. Miscellaneous Petitions, if any, pending in this writ petition sha,ll stand closed. No order as to costs' SD/.P. PADMAN ABHA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, \ State of Telangana.

1. The Principal Secretary (Stamps and Registrations), Secretariat, HYderabad' 2, The Sub.Registrar, Malkajigiri, Mlakajigiri/Medchal District' 3- The Chief Execulive Officer' Telangana State Wakf Board' Huz House' 4 One CC to SRI DANTU VENKATA RAMANA SARNiIA' Advocate IOPUCI 5. One CC to SRI FARHAN AZAM KHAN' SC FOR WAOF BOARD [OPUCI *:"""P;"1:fr:,5:l-?J$s,? il,',,*ucrsrRArroN' NamPallY, Hyderabao ' Hish court ror the

7. Two CD CoPies BSR I I I HIGH COURT DATED:03 t0U2AZs ORDER WP.No.995G of 2025 tr i: S 14 /6 1 2 4 APil 2i25 /l:I(l i)t? PAi cP'1-,O t \* \ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 4 j