The 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 Sale Deed presented in respect of Residential House Municipal bearing No.45-182/ 1A (P.T.l. No.. 1171006766), on Plot No. 15 (PART), in Survey No. 591, 596 and 599, admeasuring 140.00 Sq. Yrds or 117.04 Sq. Mtrs., with a plinth area of 1516 Sft RCC (consisting of Ground and First Floors), situated at SHIRDI NAGAR, UPPERGUDA (RAJA NAGAR), Under GHMC Malkajgiri Circle and Mandal Medchal, Malkajgiri District (erstwhile Ranga Reddy District) (hereinafter The subject property), is illegal, arbitrary and contrary to provisions of law and violation of A(icle 300-A of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the subject Sale Deed/ any other deeds that may be presented by the petitioner in respect of Residential House Municipal bearlng No. 45-182/1A (P.T.l. No.. 1171006766), on Plot No. 15 (PART), in Survr-.y No. 591, 596 & 599, admeasuring 140.00 Sq '{rds or 117.O4 Sq. Mtrs., with ir plilth area of 1516 Sft RCC (consisting of 'Ground and First Floors), situatetl at SHIRDI NAGAR, UPPERGUDA (RAJA N,AGAR), Under GHMC Malkajgiri Cir,:le and Mandal Medchal, Malkajgiri District (erstwhile Ranga Reddy District) r'hererinafter the subject property), without insisting No-objection Certificate (NOC) frorn the Respondent No.3. lA NO: 1 OF 2025 Petition urtder Section 151 CPC praying that in the circumst;rnces stated in the affidavit file(l in support of the petition, the High Court may be pleased to direct the Respondent No.2 forthwith to receive, process, registerr ilnd release the subject Sale Deed/ any other deeds presented by the petitioner in respect of Residential Hour;e lvlunicipal bearing No. 45-'182l lA (P.T.l. No.. '1 171006766), on Plot No. 15 (PAffT), rr Survey No.591, 596 & 599, admeasuring 140.00 Sq. Yrds or 117.04 Sq. Mtrs., with a plinth area of 1516 Sft RCC (consistirrg of Ground & First Floors), situatec at "SHlRDl NAGAR', UPPERGUDA (RAJA NIAGAR), Under GHN/C Malkajgiri Cir:re and Mandal Medchal, Malkajgiri District (erstwhile Ranga Reddy District) (here inafter 'the subject property'), without insistirrg No-objection Certificate (NOC) fror the Respondent No.3, pending disposal of ':he writ petition in the interest of justi:e. Counsel for the Petitioner : SRI SUBBA RAO VADREVU Counsel for the Respondents No.1&2 : AGP FOR STAMPS& REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR WAKF The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12812 of 2o25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appcaring for the respondents. With their consent, the Writ Petition is disposed of at the stage of admission itself.

2. Aggricved by the action of the respondent No.2 herein in not rcceiving, registering and releasing the subject Sale Deed presented in respect of Residential House Municipal bearing No.45-182llA on Plot No.15 (PART) 1n Survey Nos.59 l, 596 and 599, admeasuring to an extent of 140.00 Sq. Yds., or 117.04 Sq. Mtrs., situated at Shirdi Nagar, llpperguda (Raja Nagar), Under GHMC N{alkajgiri Circle and Medchal Mandal, Ma-lkajgiri District, the petitioner filed the present writ petition.

3. l,crarncd Assistant Government Pleader for Stamps and, Registration submits that without presenting the J I I t .) S.,(, J wr 1)8i2 2A:,s f; document, the petitioner has approachecl this Court seeking rellistration of the document. If th,: petitioner presenl,ri tlr,3 sarrle before the Registcring auLhor-it1,, thc respondents will receive the same and follorv the procedure as cont(tml,lated under Section 71 of th,: Regis;tra1.ion Act, 1908 (fcr short. 'the Act, 1908'). 4, The Sr:r:tion 71 of the Act, 1908, rea<1s as fc,llows Iteasons lbr refusal to registcr to be recordccl.-- ( 1) i\ e11, Sub-Registrar relusing 1o regis;rcr a ciocrrn'renl, except on the ground that the pr,lp(rr[J, to rvhir: r it relates is not situated wilhin I-ris sub- clist:rct shall makc an ord<:r of refusal artrl rer:ordr:d his tc:Lsot-rs lor such ordcr in his llr,ol< No.l', and end,)rse Lhe words "registration refrrsccl" on the clor:tttncnt; and, on application madc 1t1i a r-t \, l)erson excc rrting or claiming undcr lhe docurmc-r. t, sharll, uri1l^ or-rt payment and unnecessan, clel-tt, , giirc him a coltr o[ lhc rcasons so rccordcd. (2) lJ,r rcgistering officer shall accept for regislration a clcc umcnt so endorsed unless and until. under the prorisions hereinalter contained, the documr:nr, is dirc,:' cd to be registercd. { SK, J wP_128)2 2o2s

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 190g, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject -document, subject 1o the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the document presented before him, il 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 oI 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// 'RltiSflNYtEtf iRRI a sjECTION/6(FrcER +:irru5ff ilto%%113?1 (ttam ps and Res istratio n )' s ecreta ri at'state or '' 2. The Sub-Registrar, Malkaigiri' Medchal Malkajgiri District' 3. The Chief Executive Otti""-'' t"t'ng"na Wakf Board' Huz House' Nampally' 4, One CC to SRI SUBBA RAO VADREVU' Advocate tOPUCl HYderabad' l -t To, t4 -)14, r \

5. Two CCs to GF' FOR STAMPS AND REGISTRATION, High Court for the State of Te:langana, [OUTI

6. One CC to SRI FARHAN AZAIM KHAN, SC FOR WAh:F BOARD IOPUCI 7. Two CD Copiet;. BSK BS ( ( ( HIGH COURT DATED:2910412025 I cr 1!(.. It' \>- "1:.i! \ \ a,) <(, \..1':-';- \-,1 ii..;, t ORDER WP.No.12812 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS