Sri. I\/udigonda Rajasekhar v. 1- The State of Telangana

Petition 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, Order or Direction more particularly one in the nature of Writ of t\/andamus, to declare the action of the Respondents 2nd not receiving the document of the petitioner for the residential house bearing No.25-4017611 (New) old Nos.27 t143t32 and 45-132t43/1) constructed on Plot No.32. in Sy.Nos.565/1 and 3, admeasuring '199 Sq.yds or 166.36 Sq.mtrs with a total built-up area of 900 Sq.fts of RCC Roof on Pillars, situated at Anantha Sarsawathi Nagar, Malkjajgiri, under [tlalkajgiri Municipally and Mandal, Ranga Reddy District, presently GHMC, Medchal-fvlalkajgiri mandal is illegal, arbitrary and against the provisions of law and contrary rights guaranteed under 300-4 of Constitutional of lndia and consequently direct the 2nd Respondent to entertain the registration of the Sate Deed to receive, process, register and release the Sale deed and other any deeds presented by the petitioner without insiSting no- objection certificate (NOC) from the 3rd Respondent. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filecl in support of the petition, the High Court may be pleased to direct the 2nd Respondent to receive, process, register and release the Sale deed and other any deeds presented by the petitioner in respect of residential house bearing No.25-40/76/1 (New) old Nos.271143132 and 45-13214311) constructed on Plot No.32, in Sy.Nos.565/1 and 3, admeasuring 199 Sq.yds or 166.36 Sq.mtrs with a total built-up area of 900 Sq.fts of RCC Roof on Pillars, situated at Anantha Sarsawathi Nagar, IValkjajgiri, under lt/alkajgiri Municipality and fVlandal, Ranga Reddy District, presently GHMC. [t4edchal-Malkajgiri District, without insisting no-objection certificate (NOC) from the 3rd Respondent, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI AKKAM ESHWAR 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.11886 of 2o25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration 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 in not rcce iving the document of the petitioner in respect of the residentia1 house bearing No.2S-aO 176/ | Nos.27l143132 and 45-132143/11 constructed on Plot (New) old No.32 ir-r Sy.Nos.565/ 1 and 3 admeasuring 799 sq. yds or

166.36 sq. mtrs with a total built-up area of 900 sq. fts of RCC Roof on pillars, situated at Anantha Sarsawathi Nagar, Malkajgiri under Malkajgiri Municipa-lity and Martdal, Ranga Reddy District, presently GHMC, Medchal-Malkajgiri District, the petitioner filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the 2 SK, J wP No. 1i886 of 2025 document, the petitioner has approached this Court seeking registration of the document' If the petitioner presents the same before the Registering authority, the respondents wili receive the same and follow due procedure as contemplatecl under Section 71 of the Registration Act' 19O8 (for short.'the Ac(, 1908J.

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 propertv to which ir relates is not situated within his sub- district shal1 make an order of refusal and recorded his reasons for such order in his Book No'2, and endorse the words "registration refused" on the documcnt; and, on application made by any person executing or claiming under the documcnt' shall, without payment and unnecessary delay, give him a copy of the reasons so recorded' (2) No registering officcr shall accept for registratron a document so endorsed unless and unti[, undcr the provisions hereinafter contained, the document is directed to be registered. I I I a ) I I 3 SK, J wP No. 1,!886 of 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 belore 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 ol the case as to the entitlement of the petitioner to get the subject document registered. There shall be no ord.er as to costs.

6. Miscellaleous Petitions, if any, pending in this writ petition sha1l stand closed. //TRUE COPYi/ SD/- K.SREERAMA MURTHY DEPUTY REGISTRAR SECTION OFFICER

1. The Secretary, Revenue (Stamps and Registration) Department' Secretariat' Hyderabad, State of Telangana'

2. The Sub-Registrar, lvlalkajigiri, tt/edchal tvlalkajigiri District' 3. The chief Executive officer, Telangana state waqf Board, Nampally' Hyderabad. @ \ To, \

4. One CC to SRI AKKAT\iI ESHWAR, Advocate [OPUC] 5. One CC to SRI FARHAN AZAtu KHAN, SC FOR WAKF BOARD [OPUC] 6. Two CCs to GP FOR STAIMPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR GJP $r" HIGH COURT DATED:2210412025 ORDER WP.No.11886 of 2025 ., I I ,I r{E SIA f +J 02ll[Y zffi z a5 ,+ I DEs plJc DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \o