The High Court · 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 Gift Deed / any other deeds presented by the petitioner in respect of Residential House bearing No. 25-61/9/1-B (P.T.t. No. 1170604520), on ptot No. '18, in Survey No.533 to 536, 593 to 595, admeasuring 300. 00 Sq. yrds or250.8 Sq. Mtrs., situated at CIEFL Colony, East Anandbagh, within the timits of Greater Hyderabad Municipal Corporation, Malkajgiri Circte and Matkajgiri Mandal, Medchal A/lalkajgiri District (erstwhile Ranga Reddy 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 Respqndent Nos. I & 2: Gp FOR STAMPS AND 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.l1736 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 itself'

2. Aggrieved by the action of the Respondent No.2 in not receiving, registering and releasing the subject Gift Deed in respect of Residential House bearing No. 25-6)' l9 / l-B (P.T.l. No.. 1170604520) on Plot No. 18 admeasuring to an extent of 300. OO Sq. Yrds or 250.8 Sq. Mtrs., in Survey No.533 to 536, 593 to 595 situated at CIEFL Colony, East Anandbagh. within the limits of Greater Hyderabad Municipal Corporation, Malkajgiri Circle and Ualkaigtri Mandal, Medchal Malkajgiri District, the petitioner filed the present writ petition.

3. Learned Assistalt Government Pleader for Stamps and Registration submits that without presenting tl:e ---- 2 SK, J wP I 1736-2025 document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section 7l of the Registration Act, 1908 (for short, .the Act, 19Og,). 4 The Section 7i of the Act, 190g, reads as follows: Reasons for refusal to register to be recorded._ (1) Every Sub-Registrar refusing to register .r 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 refused,, on thc document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, 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 document is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ h SK, J wP-11736 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 refrjse 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 aly 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 //TRUE COPY// Sd/. P. PADMANABHA REDDY DEPUTY REGISTRAR sEcTlo ,!u FFICER To, 1 . Principal Secretary (Stamps and Registration), Secretariat, Hyderabad, The State of Telangana.

2. The Sub-Registrar, Malkaigiri, Medchal Malka.igiri District' 3. Chief Executive Officer, Huz House, Nampally, Hyderabad, The Telangana Wakf Board.

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 Telangana. [OUT]

6. One.CC to SRI FARHAN AZAM KHAN, SC for Wakf Board [OPUC] 7. Two CD CoPies BGS l) 0 HIGH COURT SK, J DATED: 2110412025 a -1 L) \ *., \s- f,i i ,r!- a i\ d, \ts r) r_jJ ORDER WP.No.11736 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t0 ,.N