Kum. Prahalad Leena Anjula v. 1. The State of Telangana

Petition under Article 226 ot lhe Coristitution of lndia praying that in the circumstances stated in the affidavit filed theiewith, 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 thedocument presented by the petitioner for the property pertaining to the southern part of residential plot bearing No. 52 in survey No. 398 to an extent of 198.00 sq.yards or 165.52 sq.mtrs situated at Tirumala Nagar, (covered under Block No.44) Mqula-ali, under GHMC, Malkajigiri circle and mandal, Malkajigiri- Medchal District presented on 09.09.2024 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 f iection 15'1 cPC praying that in the circumsrtances stated in the affidavit filed in support of the petition, the High court m;:y be pleased to direct the Respondenr No.2nd herein to consider documc,r ts filed by the petitioner herein pertz iring to the property pertaining to the :;orrthern part of residential plot bearing No. 52 in survey No. 398 to an extent of 1€ 8.00 sq.yards or 165.52 sq.mtrs sit rrated at Tirumala Nagar, (C6vered undr:r Block No.44) Moula-ali, under (lHl/c, Malkajigiri circle and mandal, Ma lkzrjigiri-Medchal District presented on 0 l 09.2024 respectively in favour of my vende e. Counsel for the Petitic,ner: SRl. DANTU VENKATA RAMANA SARIIIA Counsel for the Respc,ndents: cP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.1L288 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 and 2 atd 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 2"d Respondent not receiving the document presented by the petitioner for the property pertaining to the southern part of residential plot bearing No.52 in Survey No.398 to art extent of 198.OO sq.yards or 165.52 sq.mtrs situated at Tirumala Nagar, (Covered under Block No.44) Moula-ali, under GHMC, Malkajigiri Circle and mandal, Malkajigiri-Medchal District, the petitioner hled the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the r) SK, J \vP 11288 2025 document. the petitioner has approached this Court seeking regtstration of the document. If the petitioner presents thr sqms before the Registering aulhority, the respondents rr",ill receive the same and follow thr. procedure as contemplrted under Section 71 of the Regis.ration Act, 1908 (for shr,r't, 'the Act, 1908J.

4. The Se< tron 71 of the Act, 1908, reads as lo lows: Reasr ns for refusal to register to be recorde<1.-- ( 1) [ ;\'ery Sub-Registrar refusing to rergist er a dot:ur rent, except on the ground that the prope -ty to whrcl it relates is not situated within h is sub distri:t shall make an order of refusal and r:corded his r, zrsons for such order in his Book No.2. and err<1o r s: the words "registration refused', or the doc'urr:nt; and, on applicaLion made bv any p(:rson execu -rng or claiming under document, :,hall, r.r.itho t payment and unnecessary delav, givc f i6 cop1, r f the reasons so recorded. -the ^ (2'l Nr: :'egistering officer shall accept for reg,is;tr rtion a rlocr unent so endorsed unless and until, unCe - the provis rins hereinafter contained, the docurnte: rt is dire'ctr.rl to be registered.

5. In view rf the above made submissions corrpled with the provision rrnder Section 7l of the Act. 19Og this writ 3 SK, J wP 11288 2025 petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject 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 if he has any objection, by dulY presented before him, asslgnlng reasons ln support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opiriion on merits of the case as to the entitlement 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 shall stand closed //TRUE COPY// Sd,- P. PADMANABHA REDDY DEPUry REGISTRAR ), SEgTtrON OFFICER To,

1. The Principal Secretary (Stamps and Registrations), State of Telangana, Secretariat, HYderabad.

2. The Sub-Registrar, Malkajigiri, Malkajigiri/Medchal District' 3. The Chief Executive Officer, Telangana State Wakf Board, Huz House, Nampally, Hyderabad.

4. One CC to SRl. DANTU VENKATA RAMANA SARMA Advocate [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD CoPies 7. One spare copy I HIGH COURT SK,J DATE D: 1 610412025 ?\ C 1, l: (:) ai_ .9 s*s -_- a9 a ORDER WP.No.11288 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSiTS ,/