High Court · 2025

Sri Bandoji Divya, Occ: Housewife, R/o l\/alkajgiri, Hyderabad D/o Bandoii Ramesh Chary House No. 30-55/5. Ganesh N , Aged 26 years, agar, Old Safilguda, ...PETITIONER AND 1 2 3 The State of Telangana, represented by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri District The Telangana Wakf Board, Rep. by its Chief Executive Officer, Huz House, Nampally, Hyderabad ,.RESPONDENTS 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 Writ or direction preferably Writ of Mandamus, declaring the action of the Respondent No.2, in not receiving, registering and r:eleasing the subject Rectification Deed presented in respect of House No. 30-55/5, (PTl No. 1170806175), consisting of Ground floor and 360 SFT (A.C. Sheet) on first Floor, togetherwith land '1 14 Sq. Yards or 95.30 Sq. Mtrs, sttuated in Plot No 18 (part), Sy. No. 34211 , at Ganesh Nagar, Old Safilguda, under GHMC of Ma{kajgiri circle and N/lalkajgiri [tilandal, Medchal-Malkajgiri District, is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the subject Rectification Deedi any other deeds that may be presented by the petitioner in respect of House No. 30-55/5, (PTl No. 1170806175), consisting of Ground floor and 360 SFT (A.C. Sheet) on first Floor, together with land 1 14 Sq. Yrds or 95.30 Sq. Mtrs, situated in Plot No. 18 (part), Sy. No. 34211, at Ganesh Nagar, Old Safilguda, under GHMC of Malkajgiri Circle and Malkajgiri Mandal, Medchal-Malkajgiri District, without insisting No-objection Certificate (NOC) from the Respondent No.3. 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 tg direct the Respondent No.2 forthwith to receive, process, register and releasq the subject Rectification Deed/ any other deeds presented by the petitioner in respect of House No. 30-55/5, (PTl No. 1170806175), consisting of Ground floor and 360 SFf (A.C Sheet) on first Floor, together with land 114 Sq. Yrds or 95.30 Sq. Mtrs, situated in Plot No. 1B (part), Sy. No 3421 1, at Ganesh Nagar, Old Safilguda, under GHIVlG of Malkajgiri Circle and Malkajgiri Mandal, Medchal. Malkajgiri District, without insisting No-objection Certificate (NOC) from the Respondent No.3, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI SUBBA RAO VADREVU Counsel for the Respondent Nos.l and 2: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR WAFQ BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.1O842 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader lor Stamps and Registration appearing for the respondent Nos. I and 2 and Sri Farhan Azam Khan, learned Standing Counsel for the respondent No.3/Waqf Board. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the respondent No.2 in not receiving, registering and releasing the subject Rectification Deed presented in respect of Ilouse No. 30-55/5, (PTI No. 1170806175) in Plot No.18(part) in Sy.No.342l1 situated at Ganesh Nagar, Old Safilguda, under GHMC of Malkajgiri Circle and Malkajgiri Mandal, Medcha,l-Ma,lkajgiri District, the petitioner filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner 2 Sl(, J wP 10842 2025 presents the same before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908').

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub- district shall make an order of relusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration relused" on the document; and, on application made by anlr person executing or claiming under the document, shall, without payment and unnecessary delay, givc him a copy of the reasons so recorded. (2) No registering officer shall accept for registratton a document so endorsed unless ald until, under the provisions hereinalter contained, the document is directed to be registered. I I

5. In view of the above made submissions coupled with the provision Lrnder Section 71 ol the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject 3 SK, J wP 10842 2025 to the petitioner 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 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 opinion on merits of the case as to the entitlement of the petitioner to get the subject document rcgistered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.P. PADMANABHA REDDY DEPUTY REGISTRAR TION OFFICER To,

1. The Principal Secretary (Stamps and Registration), Secretariat, The State of Telangana, Hyderabad.

2. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri District 3. The Chief Eiecutive Officer, The Telangana Wakf Board, Huz House, 4. One CC to Sri Subba Rao Vadrevu, Advocate [OPUC] 5. Two CCs to GP for Stamps And Registration, High Court for the State of Nampally, Hyderabad. Telangana, at Hyderabad [OUT]

6. One CC to Sri Farhan Azam Khan, SC for Waqf Board[OPUC] 7. Two CD Copies TJ BSv l'r t HIGH COURT DATED:1 1t0412025 ORDER WP.No.10842 of 2025 f'*'ti*= (i z s APq ?u5 i) \rt" 'k::9/ ^ll DISPOSING OF THE WRIT PETITION WITHOUT COSTS f3 l'f