Smt Naveeda Anjum v. The State of Telangana

Petition under Article 226 ol 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 2nd Respondent not receiving the document pertaining to the Memorandum of Deposit of Title Deeds in favour of the lndian Bank, Ivlalkajigiri branch, Hyderabad towards security for Home loan presented by the petitioner for the property bearing House No 43-437 (old No 43-1401351155),onPlotNo.155,toanextentof213B0sq.yardsor178.95 Sq'mtrsinsurveyNos.4lTllwithbuiltUpareaof.ll00sq.ftofRCCroofon pillaras situated at APSRTC Housing colony, under Malkajigiri Municipality and Mandal, Ranga Reddy District now it is known as tr/alkajigiri/Medchal District 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 and also paid ')z7 Chalan for registratron presented by the petitjoner without insisting no-objection certificate (NOC) frr--m the 3rd Respondent. lA NO:'1 OF 2025 Petition undr:r Section 151 CPC praying that in the circumstances stated in the affidavit filec in support of the petition, the High Court may be pleased to direct the Respondent No.2 herein register the mortgage cf title deeds in favour of lndian Bank lt4alkaligiri branch, Hyderabad pertaining to the property bearing House No 43-437 (old No 43-140/35/155), on Plot No 155, to an extent of 213.80 sq yards or 178 95 sq mtrs in survey Nos. 417l'1 with built up area of 1100 sq ft of RCC roof on prllaras situated at APSRTC Houstng Colony, under It/lalkajigiri tVlunicipality and lvlandal, Ranga Reddy District now it is known as Malkajrg irilMedcha I Drstrrcl to recetving process, register and release the document filed by the petitioner herein 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 WAKF BOARD The Court made the following: ORDER \ THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.1O 631 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration and Sri Farhan Azan:r_ Khan, learned Standing Counsel for the Telangala State Wakf Board appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Aggrieved by the action of the respondent No.2 herein in not receiving the document pertaining to the Memorandum of Deposit of Title Deeds in favour of the Indian Bank, Malkajgiri Branch towards securit5z for Home loan presented by the petitioner for the property bearing House No.43-437 (old No.43-140l35/155), on plot No.155, to an extent of 21 3.g0 square yards or 17g.95 square meters in survey Nos.417/1 with buitt up area of 1100 square feet of RCC roof on pilars situated at ApSRTC Housing Colony, under Malkajgiri Municipality and Mandal, Ranga Reddy District, now it is known as i ( \ 2 sr(, J W.P.No.7O637 oJ 2O25 Malkajigiri/Medcl-ral District, the petitioner filed the present wnt petition

3. Learned Assistant Government Pbader for Stamps and Reg;stration submits that without presenting the documcn 1 , the petitioner has approached this Court seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondel ts u,ill receive the same and follou, the procedure as contem ltlated under Section 7 1 of thc Registralion Act, 1908 (for short. 'the Act, 1908'). 4 The Section 71 of the Act, 19O8, reacls as fo11o,"vs Rt iLsor-rs for refusal to registcr to be recrtrcled.- (1) Ii)verry Sub-Registrar refusir-rg to register a docun-rent, exccpt on tl're ground l-hat ttre.properry to ri,l- ich ir rclates is not situated within his sub- dis trir:t shall make an order o[ refusal ,rnd recorded his rt:asons lor such ordcr in his Book No.2, and enrItrse Lhe words "registration refused,, on the do<'rrment; and, on application made b1. any person cxccuting or claiming under the document, shall, rrvithout lrayment and unnecessary dela1., give him a copr of the reasons so recorded. (2) No rcgistering officer shall accept for registration a dor:umcnt so endorsed unless and until, under thc 3 SK, J W.P.Na. 1063 7 oJ 2025 provisions hereinafter contained, the document is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Aulhority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as weil as the Indian Stamp Act, iggS. tt nill be open to the Registering Authority to refuse the document presented beforc him, if he has any objection, by <luly 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 opinion on merits of the case as to the entitiement of the petitioner to get the subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition sha-ll stand closed //TRUE COPY// SD/.T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER To, The Principal Secretary (Stamps and Registrations) Secretariat, HYderabad, State of Telangana The Sub-Registrar, Malkaiigiri, Mlakaligiri/Medchal District 1 2 7

3. The Chief Executive Nampally. Hvderabad Officer, Telangana State Wakf Board, Huz House,

4. One CC to SRt DANTU \JENKATA RAMANA SARMA Advocate tOpUCl 5 One CC to SRt FARHAN AZAIV KHAN, SC FOR WAKF BOARD tOpUCl 6 Tyv-o ccs to GP FoR srAMps & REGrsrRATroN, Irigh court for the state 7. Two CD Cop es of Telangana at Hyderabad [OUT] \ i BSR BSV f I I HIGH COURT DATED:1 0104t2O25 ORDER WP.No.10631 of 2025 ( -) ,) r'E. S- rA r{. 2 3 APF 2U5 I I a> t i-r F 5 p/r'i,lv rf-o "l DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 27 lN