Syeda Rubina 9umain v. The State of Telangana

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 releasing the subject Rectification Deed presented in respect of House No.43-29711/A in Sy. No. 409, (PTl No. 1171004834) admeasuring 100 0 Sq. yrds or 93 60 Sq. mtrs, out of 400 Sq. Yrds, situated at Hanuman Nagar, Moula-ali, Malkajgiri, 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 sub.iect Rectification Deed/ any other deeds that may be presented by the petitioner in respect of House. No.43-297t1tA in Sy. No. 409, (PTl No. 'l 171004834) admeasuring '100.0 Sq. yrds or 83.60 Sq. mtrs, out of 400 Sq. Yrds, situated at Hanuman Nagar, lvloula-ali, Malkajgiri, without insisting No-objection Certificate (NOC) from the Respondent No.3. I.A.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 to direct the Respondent No.2 forthwith to receive, process, register and release the subject Rectification Deed/ any other deeds presented by the petitloner in respect of House No.43-2971114 in Sy. No. 409, (PTl No. 1171004834) admeasuring 100.0 Sq. Yrds or 83.60 Sq. mtrs, out of 400 Sq. Yrds, situated at Hanuman Nagar, Moula-ali, Malkajgiri, without insisting No-objection Certificate (NOC) from the Respondent No.3, pending disposal of the writ petition in the interest of justice. Gounsel for the Petitioner : SRI SUBBA RAO VADREVU Counsel forthe Respondent Nos.1 & 2 : AGP FOR REVENUE Counsel for the Respondent No.3 : SRI FARHAN AZAM KHAN, SC FOR TELANGANA STATE WAKF BOARD The Court at the stage of admission made the followlng ORDER I I .! I i I I I .i ,l I I 1 t -7 -- THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.l1892 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azam Khan, learned Standing Counsel for the Telangana State Wakf Board appearing for the respondents. With their consent, this writ petition IS disposed of at the stage of adrnission.

2. Aggrieved by the action of the Respondent No 2 in not receiving, registering and releasing the subject Rectification Deed presented by the petitioner 1n respect of House 1n Sy.No.4O9, (mI No.1171OO4834), No.43-297 / 1/ A, admeasuring to an extent of 100 Square Yards or equivalent to 83.60 Square meters, out of 4OO square yards, situated at Hanuman Nagar, Moula-Ali, Malkajgiri District, the petitioner frled 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 I I 2 sr(, J W.P.No.7 7892 of 2025 seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same and follorv the procedure as contemplated under Section 7t oi the Registration Act, tOOi{ lfor short, the Act, 19O8').

4. The Section 71 of the Act, 1908, reads as follows: Reasons lor relusal to register to be recorded.- (1) Every Sub R<:gistrar 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 refusal and recorded his reasons for such order in his Book No.2, and endorse lhe words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary clelay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the docurnent is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, i908, this writ petition is disposed of directing the Registering Authority to -7 To I i I I t {I \ 3 SK, J w.P.No.77892 of 2025 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 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/.AHMED ABDULLAH KHAN ss TANT REGISTRAR SECTION OFFICER cretariat, State of Hvderabad. Telangana at HYderabad

1. The Principal Secretary, (Stamps and Registration), Z fne S"uU-negist'rar, Malkajgiri, Medchal Malkajgiri District' 5. ii;; chi.iEi"iriire offic6"r, Telangana wakf Board, Huz House' Nampally' 4 i;,;-CC; io GP FoR STAMPS AND REGISTRATION ,Hish Court for the 5 5;-cc io sni suebn RAo vRonevU, Advocate-[oPUC] ; O;; CC iO SNI FARHAN AZAM KHAN, SC FOR TELANGANA STATE WAKF 7 Two CD CoPies BOARD, Advocate (OPUC) State of Telangana [OUTI SA BS W t t I I HIGH COURT DATED:2210412021 ORDER WP.No.11892 ot Z02S C.C. TODAY t H'- SlA i l o^ o ( 2 6 t4AY 2025 .t J i.) ,/. i OrSF,^TCH {' t DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. I I, E 0 ,l ")