Smt. Syed v. 1. 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 pleasedtoissueawritororderordirectionmoreparticularlyinthenaturewritof mandamusdeclaretheinactionoftheRespondents2ndnotreceivingthe document presented by the petitioner for the residential property bearing No'30- 161/9,PTlNol'.l70801241toanextentof100.00sq'yardsor33'6sq'mtrswitha total built up area of 100 sq ft ACC Sheet in survey No 420 situated at Bharath Nagar, Near Shafi Nagar, Malkajigiri, under GHMC' Malkajigiri circle and Mandal' Malakajigiri-medchal District is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 300 -A of Constitutional of india and consequently direct the 2nd Respondent to entertain the registration of the document presented by the petitioner to register' to receive' process' register and rerease the document presented by the petitioner without insisting no-objection certificate (NOC) from the 3rd Respondent' lA NO: 1 OF 20it5 Petition urd.r Section i 5'r cpc praying that in the cirr:rrmr;tances slated in the affidavit firel in support of the petition, the High courr nay be preased to direct the Respc ndr: rt No.2nd herein to consider documents fired by the petitioner herein pertainirg t. the residentiar property bearing No.r|0-16.r/9, pr No. 1170801241 to ,rn -'xtent of '100.00 sq.yards or83.6 s(.mtrs rvitr a totar buirt up area of 100 sq.f: AIC Sheet in survey No.420 situated at Btrarrath Nagar, Near shafi Nagar, Ivlarka.i'7iri. under GHMC. I\4arkajigiri circre and \rran Jar, Marakajigiri- medchal District. Counsel for the Petirioner : SRI DANTU VENKATA RAMANA SATRMA counsel for the R.eslrondents No.1&2 : AGp FoR srAMps &REGlsrRATloN counsel for the ireslrondent No.3: sRr FARHAN AZAM KHAN, sc FoR WAKF The Court made the .'ollowing: ORDER w. ':1Y I I : I l I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PEf,ITION No.14O32 of 20.25 ORDER: Heard learned counsel for the petitioner and learned Assistalt Government Pleader for Stamps and Registration appearing for the respondent Nos.1 and 2, Sri Farhan Azam 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 inaction of the Respondent No.2 not receiving the document presented by the petitioner for the residential property bearing No.30-161/9, PII No.117O801 241 admeasuring to an extent of 100.00 Sq. Yards or 83'6 Sq. Mtrs in Survey No.42O situated at Bharath Nagar, Near Shali Nagar, Malkajigiri, under GHMC, Malkajigiri circle and Mandal, Malakajigiri-Medchal District, the petitioner filed the present writ Petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the %Y 2 SI(, J wP t 40s2_2025 docurrLerrl , the petitioner have approache,l this Court seekinq registration of the document. If the petitioner present the same before the Registering iruthority, the responder.ts will receive the same ,rlj follo,, the procedure as conterrplated under Section 71 of rhe Flegistration Act, 1908 (1or s;hort, ,the Act, 19OgJ. 4 Tlre Siection TL of the Act, 190g, reads rrs follows: R,r isons for refusal to register to be recorcled _ i1 ) trve ry Sub-Registrar refusing to :eprister a dr,c 11-.rr,, except on the ground that the l)rc perty to rvh ch it relates is not situated v.ithin h is sub_ dirs .rict shall make an order of refusai anrl r:corded hir; reasons for such order in his Root<. Nc.2, and e n d orse the words ,.registration refusec ,, on the io:ument; and, on application made by any person extr:uting or ciaiming under the docunte nt shall, u'illLout payment and unnecessary delay, f ;jv(. him a r:or>.. of the reasons so recorded. (2) IIo registering officer shall accept for reqis tration r clccument so endorsed unless and until. rrn,:ler the :rrovisions hereinafter contained, the, doc -rn ent is ,lirlr:ted to be registered. : l I I :

5. In vie,,r. of the above made submissions c)upled with the provrsic)n under Section 71 of the Act, 1,10g, this writ (. 3 SK, J wP 14032 2025 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 Auttrority to refuse the document if he has any objection, by dulY presented before him, asslgnlng reasons 1n 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/- MOHD. ISMAIL DEPUTY REGISTRAR sEcng?y'oFFlcER To,

1. The Principal Secretary (Stamps and Registrations)' Secretariat' State of Telangana, HYderabad.

2. The Sub-Registrar, Malkajigiri, Mlakajigiri/Medchal District' 3. The Chief Executive Officer, Telangana State Wakf Board' Huz House' NampallY, HYderabad.

4. One CC to SRI DANTU VENKATA RAMANA SARMA' Advocate' IOPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the State of Telangana. [OUT]

6. One CCto SRI FARHAN AZAM KHAN, SC FORWAKF BOARD IOPUCI 7. Two CD CoPies' l- I I I I I I I I t I I i i l BSK GJP J HIGH COURT' DATED:02 t0512025 ...f|;;; i,/':'n $l =r.., .\;S" 1,' (b ['; t-. Ir.i \ \ !."., (' _),,-,\! a.',' ORDER WP.No.14032 of 2025 DISPOSINGi OF THE WRIT PETITION WITHOUT COSTS a) \q : i ! I