High Court · 2025

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 Gift Settlement Deed presented by the petitioner in respect of Restdential House bearing No.29-14401JK122712, erlN No. '12807697'13), on Plot No 227, in Survey Nos.289 and 290, admeasuring 140 Sq. Yrds. Or 117.04 Sq. Mtrs, with a plinth area of 2400 Sq. Ft RCC (Ground Floor 1200 Sq. Ft. plus First Foor 1200 Sft), situated at J.K. Colony, Kakatiya Nagar, Neredmet, under GHMC, Malkajgiri Circle and Malkajgiri Mandal, Medchal-Malkajgiri District, is illegal, arbitrary and contrary to provisions of law and violation of Article 300-A of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the subject Gift Settlement Deed / any other deeds that may be presented by the petitioner in respect of Residential House bearing No 29- 1440/JK/227l2, (PTIN No. 1280769713), on Plot No.227, in Survey Nos.289 and 290, admeasuring 140 Sq. Yrds Or 117.04 Sq. Mtrs, with a plinth area of 2400 Sq. Ft RCC (Ground Floor 1 200 Sq Ft. plus First Foor 1 200 Sft), situated at J. K. Colony, Kakatiya Nagar, Neredmet, under GHMC, Malkajgirr Circle and Malkajgiri mandal, lvledchal- Malkajgiri District, without insisting No-objection Certificate (NOC) from the Respondent No.3 l. E E t^ b F ;. tI lA 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 sublect Gift Settlement Deed / any other deeds presented by the petitioner in respect of Residential House bearing No. 29-1440/JK122712, (PTIN No. 1280769713), on Plot No. 227. in Survey Nos. 289 and 290, admeasuring '140 Sq Yrds. Or 117.04 Sq Mtrs. with a plinth area ol 2400 Sq. Ft RCC (Ground Floor 1200 Sq. Ft. + First Foor 1200 Sft), situated at J.K. Colony, Kakatiya Nagar, Neredmet under GHNlC' Malkajgrri Circle and Malkalgiri mandal, Medchal-Malkajgiri 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: SRl. SUBBA RAO VADREVU Counsel for the Respondent Nos.1&2: AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN SC FOR TS WAKF BOARD The Court made the following: ORDER F 5 F I F F E THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.11756 of 2o.25 ORDER: Heard learned counsel for the petitioner and Jearned 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 1S disposed of at the stage of admission.

2. Aggrieved by the action of the Respondent No 2 in not receiving, registering and releasing the subject Gift Settlement Deed presented by the petitioner in respect of Residential House bearing No.29-l44OlJK/227 /2, (P|IN No. 1280769713), on Plot No.227, in Survey Nos.289 and 29O, adrneasuring to an extent of 140 Square Yards or equivalent to ll7.O4 Square meters with a plinth area of 2400 Square feets RCC (Ground Floor 12OO Square feets plus First Floor 1200 Suare feets), situated at J.K. Colony, Kakatiya Nagar, Neredmet, under GHMC, Malkajgiri Circle and Malkajgiri Mandal, Medchal-Malkajgiri District, the ge$tioner filed the present writ petition o sr(, J W.P.No.7 7756 ol 2O25

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the 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, 1908').

4. The Section 71 of the Act, 1908, reads as follows Reasons for refusal to register to be recorcled.- (1) Every Sub Registrar refusing to register a document, except on the ground that the property to which it relates is not situated withir-r his sub district shall n-rake an order of refusal and recorded his rcasons for such order in his Book No.2, and endorse the words "registration refused" on thc document; and, on application made by any person exccuting or claiming under the docun.rent, shall, without payment and unnecessary delay, give hirn 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 directcd to be regislered. Y : T F : F\ i. t. F 3 : sr, J W-P.No.77756 of 2O25

5. In view of the above made submissions couplFd w.ith 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 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/-AH D ABDULLAH KHAN ISTANT REGISTRAR S SECTION OFFICER To, 1 The Principal Secretary, Stamps and Registration buildings, Hyderabad partment, Secretariat

2. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri District, 3. The Chief Executive Officer, Telangana Wakf Board, Huz House, Nampally, Hyderabad. 4 One CC to SRl. SUBBA RAO VADREVU Advocate [OPUC] 5 One CC to SRI FARHAN AZAM KHAN SC FOR TS WAKF BOARD [oPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana. [OUT] 7 . Two CD Copies \\( HIGH COURT DATED:2210412025 I ORDER WP.No.11756 of 2025 t :) u hc' SlA, 1 t 9^ ( 2 E t{rY 2[25 \ 'l .^/ ,4 t .-o OE SPATC\1 DISPOSING THE WRIT PETITION WITHOUT COSTS (+ 9rt-.tq\ c t F