High Court · 2025

Petition under Article 226 of lhe 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 Release Deed presented in respect of Residential House bearing No. 43-291, on Plot No. 291, in Survey No.407, admeasuring 174.00 Sq. Yrds. or 145.46 Sq. Mtrs., with a built-up area of 360.00 Sq. Ft of A.C.C. Sheet Roof with walls, situated at HANUMAN NAGAR, Moula-ali, under Malkajgiri Municipality and Mandal, Medchal-Malkajgiri District (erstwhile Ranga Reddy District), is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release Release Deed Agreement cum General Power of Attorney/ any other deeds that may be presented by the petitioner in respect of Residential House bearing No. 43-291, on Plot No. 291, in Survey No. 407, admeasuring 174.00 Sq. Yrds. or 145.46 Sq. Mtrs., with a built-up area of 360.00 Sq. Ft of A.C.C. Sheet Roof with walls, situated at HANUMAN NAGAR, Moula-ati, under Malkajgiri Municipaliiy and Mandal, Medchal-Matkajgiri District (erstwhile Ranga Reddy District), without insisting No-objection certificate (Noc) from the Respondent No.3. 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 subject Release Deedi any other deeds presented by the petitioner in respect of Residential House bearing No. 43-29.1 , on plot No. 291, in Survey No. 402, admeasuring 174.00 sq. Yrds. or 145.46 Sq. Mtrs., with a built-up area of 360.00 Sq. Ft of A.C.C. Sheet Roof with wa[s, situated at HANUMAN NAGAR, Mouta_ati, under Malkajgiri [\,4unicipality and Mandal, IVedchal-Malkajgiri District (erstwhile 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 Petitioners: SRt SUBBA RAO VADREVU counsel for the Respondent Nos.1 & 2: Gp FoR srAMps AND REGtsrRATtoN Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR TSWB The Court made the following: ORDER ;)€- THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.ra672 of 2025 ORDER: Heard learned counsel for the petitioners and learned 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 and perused the material on record' With their consent, this writ petition is disposed of at the stage of admission.

2. Aggrieved by the action of the respondent No'2 in not receiving, registering and releasing the Release Deed presented in respect of Residential House bearing No.43-291, on Plot No.291, in Survey No.4O7, admeasuring l74.OO Square yards or 145.46 Square meters', with a built-up area of 360.00 Square feet of A'C'C' Sheet Roof with walls, situated at Hanuman Nagar, Moula-ali, under Malkajgiri Municipality and Mandal, Medchal-Malkajgiri District (erstwhile Ranga Reddy District), the petitioner filed the present writ Petition. I I i 2

3. l,earned Assistant Government Pleader for Stamps w.P.No.7as72 "tlfrlt and Registration submits that without presenting the document. the petitioners have approached this Court seeking registration of the document.. If the petitioners 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, 1908 (for short, the Act, 1908')

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing Lo register a do<;ument, except on the ground that the property to which it relates is not situated u.itl'rin his sub- dis trict shall make an order of refusal and recorded his reasons for such order in his Book No.2, and enclorse thc words "registration refused" on the document; and, on application made by an5, 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 dirccted to be registered. \ / ' uo,, W.P.No.1a572 of 2025 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 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 asslgnln8 reasons ln support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered. There sha-ll be no order as to costs. 6, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. Sd/- P. PONNA KRISHNA A SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To \ WaK Board. ), Secretariat, HYderabad, State of Telangana. -SuU-negi5trar, Malka.igiri, Melchal Malkajgiri.District'

1. The Principal Secretary (Stamps and Registrat z ine e. tfi" Cni"t Eiecutive Offii6i, Uuz House, Narirpally, Hyderabad, Telangana +. ci,ie cbiotRl sUBBA RAo vADREVU, {dvgcgte [oPUC] - d. iil cc.io-cilon'siArrlps AND FEg|STRATION, Hish court for the - o. 6rie-ct iJ SnT FAnnAr.t'nznu KHAN, sC FoR TSWB [oPUC] 7. Two CD CoPies Siaie of Telangana, at Hyderabad. [OUI- - ^ - PSK. HIGH COURT l DATED:0210712025 ORDER WP.No.18572 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS )^ \.t I ii.-) .J- '\'. H1 E si4 (j 1I JUL ? u' "t\' ,. ,-/ ----..--./