Sri. T. Prabhudas 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondent No. 2 in not receiving the document of cancellation of sale deed with consent by both the parties to the document presented by the petitioner for the residential house bearing No.25- 4ot3211612 (PTIN No.1170604133) (Old No.25-97126 and 30-144126), on Plot No.26, in Sy.Nos.562 and 563, admeasuring 182 Sq.yds or equivalent to 152.10 Sq.mtrs, with a builfup area ot 2OO Sq.fts ACC Sheets, situated at East Anandbagh, within the limits of under GHMC Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, is illegal, arbitrary and against the provisions of law and contrary rights guaranteed under 300-A of Constitutional of lndia and consequently direct the 2nd Respondent to entertain the registration of the Sale a Deed to receive, process, register and release the sare deed and other any deeds presented by the petitioner without insisting no-objection certificate (Noc) from the 3rd Respondent lA NO: 1 OF 202s Petition unde. section i 51 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 2nd Respondent to receive, process, register and rerease the sare deed and other any deeds presented by the petitioner in respect of residential house bearing No.25-40/32l'16/2 (PT|N No.1'r70604133) (otd No.2s-9il26 and 30-144t26), on Plot No.26, in sy,Nos.562 and s63, admeasuring 182 sq.yds or equivarent to 152.10 sq.mtrs, with a built-up area of 200 sq.fts ACC sheets, situated at East Anandbagh, within the rimits of under GHMC Markajgiri circre and Mandar, Medchal-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 Nos.1 and 2: Gp FOR STAMpS AND REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR THE TELANGANA STATE WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.11956 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azarn 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 admission.

2. Aggrieved by the action of the respondent No'2 herein in not receiving the document of cancellation of Sale Deed with consent by both the parties to the document presented by the petitioner for the residential house bearing No.25- 40/32116/2 (PIIN No.1170604133) (Old No.25-97/26 and 30-1441261, on Plot No.26, in Sy.Nos'562 and 563, admeasuring to an extent of 182 square yards or equivalent to 152.1O square meters with a built-up area of 200 square feets ACC sheets, situated at East Ananbagh, within the limits of GHMC Malkajgiri Circle and Mandal, Medchal- {alkajgiri District, the petitioner filed the present writ petition. \ 2 3, rl.earned Assistant w.P.No.77es6 "f"*r!" Government Pleader lor Stamps and Registration submits that without presenting the document. the petitioner has approached this Court seeking registration of the document. If the petitioner presents lhe same before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 19O8').

4. The Section 71 of the Act, 1908, reads as follows: Rc.rsons for refusal to register to be recorded.- (1) Every Sub-Registrar 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 the words "registration refused" on the document; and, on appiication made by an]. person executing or claiming under the docurnent, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registratron a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. 3 sr, J w.P.No.77956;J 2025 5 In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ i. 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/.T.TIRUMALA D VI DEPUry REGIS R SECTION OFFICER \

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

2. The Sub-Registrar, Malkajigiri, Medchal Malkajigiri District. 3. The Telangana State Waqf Board, Nampally, Hyderabad, Rep. by its Chief Executive Officer

4. One CC to Sri Akkam Eshwar, Advocate [OPUC] 5. Two CCs to GP for Stamps And Registration, High Court for the State of Telangana, at Hyderabad [OUT]

6. One CC to Sri Farhan Azam Khan, SC for the Telangana State Wakf Board[OPUC] 7. Two CD Copies T To, TJ HIGH COURT I DATED:2410412025 ()t -( EL4 ,'c ,) s v ,J s* y l. It .( \ i,gy ORDER WP.No.11956 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o