The High Court · 2025

2. Pabbu Srisailam Goud, S/o. Pabbu Yeftaiah, Aged 49 years, Occ. Business R:/o. H. No. 30-64716126, East Chandragiri Colony, Neredmet, Secunderabad - 500056 ...PETITIONERS AND 1 . The State of Telangana, represented by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad.

2. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri District. 3. The Telangana Wakf Board, Rep. by its Chief Executive Officer, Huz House, Nampally, Hyderabad. ...RESPONDENTS Petition under Article 226 o'( 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 Development Agreement cum General Power of Attorney presented in respect of Residential House bearing No.30-1470/ 1 lA (Old H.No.30-445/8), on Plot No.B, land admeasuring 330 Sq. Yards ot275.88 Sq. Mtrs, with a plinth area of 200 Sq. Ft AC Roof, in Survey No.463, situated at Old Safilguda, within the limits of GHMC Malkalgiri circle and Mandal, Medchal-Malkajgiri District (erstwhile Ranga Reddy 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 Development Agreement cum General power of Attorney/ any other deeds that may be presented by the petitioner in respect of Residential House bearing No.30-1470/1 lA (old H.No.30-445/B), on prot No.8, land admeasuring 330 Sq. Yards or 275.88 Sq. Mtrs, with a plinth area of 200 Sq. Ft AC Roof, in Survey No.463, situated at old Safilguda, within the limits of GHMC Malkajgiri circle and Mhndal, Medchal-Malkajgiri District (erstwhile Ran!a Reddy District), without insisting No-objection Certificate (NOC) from the Respondent No.3. lA NO: 1 OF 2025 Petition under 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 Respondent No.2 forthwith to receive, process, register and release the subject Development Agreement cum General power of Attorney/ any other deeds presented by the petitioner in respect of Residential House bearing No.30- 1470t11A (old H.No.30-445t8), on plot No.B, land admeasuring 330 Sq. yards or 275.88 Sq. Mtrs, with a ptinth area of 200 Sq. Ft AC Roof, in Survey No.463, situated at old safilguda, within the limits of GHMC Malkajgiri circle and Mandal, Medchal-Malkajgiri District (erstwhite 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 Respondents No.1&2 : AGp FoR srAMps & REGtsrRATtoN 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 IVRIT PETITION No.12451 of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 and 2 and Sri Farhan til, Azarn Khan, learned Standing Counsel for the respondent No.3/Waqf Board. 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 Development Agreement-cum-Genera-l Power of Attorney presented ln respect of Residential House bearing No.30-1470/11A (Old H.No.3O-445/8) on Plot No.8, land admeasuring to an extent of 330 Sq. Yards or 275.88 Sq. Mtrs, ln Survey No.463 situated at Old Salilguda, within the limits of GHMC Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, the petitioners filed the present writ petitio!_-r. SK, J wP 12451 2025

3. Learned Assistant Government pleader for Stamps and Registration submits that without presenting the document, the petitioners have approached this Court seeking registration of the document. If the petitioners present 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, 190g, reads as follows Reasons 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 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 direct cd I o be registered. 3 SK, J wP_12451:2025 S.Inviewoftheabovemad.esubmissionscoupledwith the provision under Section 71 of the Act, 1908, t[is writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners 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 ln support of such decision and communicatethesaiddecisiontothepetitioners.Itismade clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitigpers 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. '?';tiSSNYf;Et'EiRRX ,/TRUE COPY// sec##5r+r-rcen To,

1. The PrinciPa I Secretary (Stamps and Registration)' Secretariat' State of Telanga na, Hyderabad. al Malkaig iri District. oard, Huz Hvderaba d

2. The Sub- J. The Chie Malka tsiri, Medch Registrar' f Executtve Officer' Telanga na WaK B 4. One CC to SRI SU BBA RAO VADREVU, Advocate. oPUCI CCs to 5. Two ana. [O of Telang State 6. One CC to SRI FARHA lwo t,D CoPies' 7. R STAM PS AND REGIST RATIO N , High Court for the N AZAM KHAN, SC FORWAKF BOARD' IOPUCI GP FO UT] House, Nampally' t l t Gn "r' :_ ) I HIGH COURT DATED:2 510412025 E1fto ,:4 :, a =$ :\.\f\-\ (a \ 's$i rlt \:\-- ORDER WP.No.12451 ol 20Zs DISPOSING OF THE WRIT PETITION WITHOUT GOSTS ,/ 6l