High Court · 2025

The State Bank of lndia, ACB, Thimmapur Branch-20569, LMD Colony, Karimnag-ar, Karimnagar District, Rep.by its Authorized Officer, Thallapalli Srinivas S/o. Sri T. Rajaiah, aged about 47 years. ...PETITIONER AND

1. 2 The State of Telangana, rep by ils Principal Sgcretary, Revenue (Stamps and Registration) Department, Secretarlat, Hyderabad. The Sub Registrar, Stamps and Registration, Malkajgiri, Medchal-Malkajgiri District.

3. The Telangana State Wakf Board, Rep.by its Chief Executive gfficer, Nampally, Hyderabad. ...BESPONDENTS Petition under Article 226 ot lhe ConstitutiOn of lndia praying that in the circumstances stated in the affidavit filed lherewith, the High'Court may be pleased to issue a.writ, order or direction, more particularly one in the nature of writ of mandamus, d-eclarlng the aCtion of the respondents more particularly the action of the 2nd respondent in not receiving and rggistering the certificate of sale dated. 't 1 04.2025 pertaining to the residential house bearing Nq. 29-1182t2t93 (PTl No 1280769359), plot No B3-part consisting ground and first floqr situated in Sy.Nos.2B9, 290, 292,293,294 and full survey Nos. 291,306 and q09 admeaguring in an extent of 133.33 Sq. Yards or 111.46 Sq. meters with built up are of 2000 Sq. Feet of RCC Roof situated at Samatha Nagar, within the limits of GHMC, Malkajgiri Circle and Mandal, Medchal-Malkajgiri District bounded by North. Neighbours, South. 25Feel wide Road, East. House of Plol Nos. 82 (Part) and 83 (part), West. Plot No.84 as illegal, arbitrary and violative of principles of natural justice and also contrary to the provisions of Registration gct, 1908 apqrt from violative of Articles 14, 21 and 300-A of Constitution qf lndia and consequently direct the 2nd respondent to receive, register and release the pertificale of sale dated. 11 04.2025 presented by the petitioner pertaining to the residential house bqaring No 29-1382t2/83 (PTl No.1280769359), plot No:83-Part co4sisting ground and first floor situated in Sy.Nos.2Bg, 290,292,293,294 and full survey Nos. 291,306 and 309 admeasuring in an extent of 133.33 Sq. Yards or 111 46 Sq. meters with built up are of 2000 sq. Feet of RCC Roof situated at Samatha Nagar, within the limits of GHlvlc, Malkajgiri circle and Mandal, IVledchal- Malkajgiri Diitrict bounded by North. Neighbours, South. 25 Feet wide Road, East. House of Plot NO.s 82 (part) and 83 (Part), West. Plot No 84 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in-the circumslances Stated in the affidavit filed in suppa[t of the petition, the High Cou( may be pleased to direct the 2nd respo4dent to reQeive, register and release the certificate pf sale dated, 11 04.2025 presented by the petitioner pertqiping tp the residentia! house bearing No 29-1382/2183 (PTl No 1280769359)' plot No F3-Part consisti6g ground and first floor situqted in Sy.Nos.289 . 290, 292,293, 294 and full survey Nos. 291'306 and 309 admeasurigrg in an extent of 133 33 Sq. Yards or 111 46 Sq. meters with puilt up are of 2000 Sq. Feet qf RCC Roof situated at !?Talh? Npgar, wlthin the iimits of GHMA, Malkajgiri Circle and Mandal, Medchal-Malkajgiri District houodeq py Nortfr l'leighboilrs, seuth. 25 Eeel wide Road, EaE!, Hquse 9f Plot Nos. 82 (Part) and Q3 [part), West Plot No.84 pending flisposal of the writ pelition Counsel fo1 t[r9 Pqtitiongrl S$1. A KBUPADHAR REDQY Counsel for the Regpondent Nos.1 to 2: GF FOR STAUIPS AND REGISTRATIQN Counsel fop f[e Rgspondgnt Uo.3: SBI AZAM FARHAN KHAN SC FOR WAKF BOARg The. Court Eede the following: ORPER -7 I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No. 12377 of 20.25 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. ,; l' 2' Aggrieved by the action of the respondent No.2 herein in not receiving and registering the certificate of sale dated I1.O4.2O25 pertaining to the residential house bearing No'29- 1382 /2 /83 (prl No. 1280769359) plot No.S3-part consisting ground and hrst floor in Sy.Nos.2g9 , 2gO, 2g2, 293, 294 and fult Survey Nos. .291, 306 and 309 admeasuring to an extent of 133.33 Sq. yards or 111.46 Sq. Meters, situated at Samatha Nagar, within the limits of GHMC, Malkajgiri Circle and Manda_I, Medchal_Malkajgiri District, the petitioner hled 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 2 SK, I wP 72377 2025 I 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 71 of the Registration Act, 19O8 (for short, 'the Act, 1908).

4. The Section 71 of the Act, 1908, reads as follows Reasons for refusal to register to be recordcd.- (1) Every Sub-Registrar refusing to register' a document, except on the ground that the properfy 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 refusecl" on the document; and, on application made by zrny 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 [he 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 petition is disposed of directing the Registering Authority to 3 sK,l wP_12377 _2025 receive, register arrd release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp ect, iASS. 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 shal be no order as to costs.

6. Miscellaneous petitions, if any, pending in this writ petition sha_ll stand closed. //TRUE COPYII SD/.P. CH. NAGABHUSHAMBA DEPUTY REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Revenue (Stamps and R Secretariat, HYderabad. istration) Department,

2.TheSubRegistrar,stampsandRegistration'Malkajgiri,Medchal.Malkajgiri District. 3-TheChiefExecutiveofficer,TelanganaStateWakfBoard,Nampally, HyderaPad.

4. One CC to SRl. A KRUPADHAR REDDY Advocate [OPUC] 5. One CC to SRIAZAM FARHAN KHAN SC FoR WAKF BOARD [oPUC] 6.TwoCCstoGPFoRSTAMPSANDREG|STRAT|ON,HighCourtforthe State of Telangana. [OUT] 7, Two CD CoPies KKS BS l \ I HIGH COURT DATED:2 510412025 1gE ST4y e, ) G o a 0 5 r{AY 2m C { , u:, .. I ,/ ORDER WP.No.12377 ot 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS /o /t /zt