High Court · 2025

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particr_;larly in the nature writ of mandamus declare the in action of the Respondents 2nd not receiving the document presented by the petitioner for the Car Parking No.5, in Stilt Floor, having Plinth area of 120 Sft., in the building knowri as "SANDHYA APARTMENTS.," standing on Plot No.16, in Survey No. 359/1 and 359/3, situated at SARDAR PATEL NAGAR, N/OULA-ALI, within the limits of Grepter Hyderabad Municipal Corporation, lt/qlkajigiri Circle and Mandal, Medchal-Mla(ajgiri District is illegal, arbitrary and against to the provisions of law and contrary rigfrts guaranteed under 300-4 of Constitutional of lndia and consequently direct the 2nd Respondent to ()ntortain the registration of the Sale Deed to rece ve, to processes , to register and rel:ase the document presented by the petitio re without insisting no-objection cerlific; te (NOC) from the 3rd Respondent. lA NO: 1 OF 202t5 Petition undr>r Section 15'1 CPC praying that in the circttmr;tances stated in the affidavit filec in support of the petition, the High Court ma'7 le pleased to direct the Respondent Nr:. 2nd herein to consider decuments filed by' the petitioner herein pertaining to the Car Parking No.5, in Stilt Floor, having Plinlh ar-'a of 120 Sft., in the building kncwn as "EANDHYA APARTMENTS"., standingl cn Plot No.16, in Survey No. 359/.1 8 359/3, situated at SARDAR PATEL NAGr\R, MOULA-ALI, within the limits of (;reater Hyderabad I\/unicipal Corporation, M.'rlkajigiri Circle & Mandal, lVledchal-Nla lkajgiri District in favour of mine Counsel for the Petitioner: SRI DANTU VENKATA RAMANA $AIRMA Counsel for the Respondents No.1 & 2: AGP FOR STAMP$ AND REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, Si.C. FOR TSWB The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PEIITION No.11371 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 and Sri Farhan Azatn Kl:an, 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 the document presented by the petitioner for the Car Parking No.5, in Stilt Floor, having Plinth area of' 72O Sft., in the building known as SANDHYA APARTMENTS standing on Plot No. 16, in Survey No. 359/1 and 359 13, situated at SARDAR PATEL NAGAR, MOULA-ALI, within the limits of Greater Hyderabad Municipal Corporation, Malkajigiri Circle and Mandal, Medchal-Malkajgiri District, the petitioner hled the present writ petition. SI(, J w,,_11371 2025

3. Learned Assistant Government Pleader for Stamps and Re1;ist:ation submits that without presenting the documerrt, the petitioner has approachr:rl this Court seeking resistration of the document. If the petitioner presents the same before the Registering luthority, the respondr'nts will receive the same and follov,, the procedure as contem1) ated under Section 71 of the Reqil,,tration Act, 1908 (fcrr sl.rcrt, 'the Act, 1908').

4. The Sr::tion 71 of the Act, 1908, reads zrs ftrllows: Ileasons for refusal to register to be record,:<i.-- (1 ) Every Sub-Registrar refusing r_o regis,tcr a c ocument, except on the ground that the prtrp,lrty to vh r : r it relates is not situated within ris sub c istr ct sha11 make an order of refusal an(1 r.e,)orded I is r easons for such order in his Book No.ll, and cndcrse the words 'registration refusecl" cn the c oc r ment; and, on application made by an r I )erson exer:rrting or claiming under the documcr t, shali, v'ithout payment and unnecessary delav, 11r;e him a ccp.,, of the reasons so recorded. (l)) ),lr registering officer shall accept for rcgistration a dr:rument so endorsed unless and until, under the pror i sions hereinafter contained, the doc.u rn :nt is d ire,: .ed to be registered. SK, J wP_11371_2025

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 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 presented before him, if he has arly objection, by duly 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 opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There sha,ll be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// Secretariat. Hvderabad. SECTION OFFICER 1. The Principal Sepretary (Stamps and Registrations)' State of Telangana' 2. iG 5Lb-C;siiirar, lualkaiiqiri, MalkajigiriiMedchal District 5 in" crii"r Ei#rtire oftiier, ieiiridana state wakf Board' Huz House' 4. o;; bdi; ddlonruru vENKATA RAMANA SARMA, Advocate toPugl . d. i;; cbitd'bp ib,.stimps Telanoana at Hvderabad. [OUT] 6. ffi;'ic i; siii'FXBHAN AzRtvt'runN, s.c' ror rswB [oPU-el 7. Two CD CoPies jno Registration, High Court for the State ot Nampaily, Hyderabad ,/ - - -----.r6:-..r!'*xidB!..'qtwt:Sf F r '{* To, MP BS \ I HIGH COURT DATED:1610412025 .-, I ,{, i,lll. s t ! :( (:l .i "\-r' \- -t .,-., 9t .i ORDER / ( -',-, !"/ . i- -' .l \ 1l - r-r., ",;:' \.\!---:t.;-_-/ WP.No.11it71 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I i I t r i t I I i I I t I 1 I I /, /.t / /15