Venkanna Porally v. 1. The State of Telangana

Counsel forthe Respondent No.4 : SRI FARHAN AZAM KHAN, SC FOR TELANGANA STATE WAKF BOARD The Court at the stage of admission made the following ORDER THE HONOURABLE SRI WSTICE K.SARATH WRIT PETITION No.1446O of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azarn Khan, learned Standing Counsel for the Telangana State Wakf Board appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. The writ petition is filed declaring the action of the respondent No.3 i.e., The Sub Registrar, Malkajgiri, Medchal-Malkajgiri District in refusing to receive, process, register and release the Trust Receipt and Indemnit5r presented by the Petitioner in respect of Residential House bearing No.29-L53l9Ilpartl, on plot No.91 (part), in Survey Nos.289 and 29O, admeasuring |2O.OO Square yards or 100.32 Square Meters, with a Built up area of 99O Square feet of RCC Roof, Situated at Kakatiya Nagar, Neredmet, within the limits of GHMC, Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, as illegal, arbitrary, in violation of Articles 14, 2I and 3OO-A of Constitution of Mr\K w.p.No.74460 "rlf;! India and also in violation of Registration Act, I9Og, besides ln violation of principles of Natural Justice and consequently direct the respondent No.3 herein to receive, process, register arrd release the ,frust Receipt and Indemnity presented by the petitioner in respect of House bearing No.29_l53/ 9l/(part), on plot Residential No.91 (part), 1n admeasuring with a Buiit Survey Nos.2g9 and, 29O, 12O.OO Square yards or 1OO.32 Square Meters, up anea of 990 Square feet of RCC Roof, Kakatiya Nagar, Neredmet, within the limits of GHMC, MaIkajgiri Circle and Mandal, Medchal_Malkajgiri District, without reference to the communication issued by the Respondent No.4 vide Letter Lr.No. S-49lSLR/20 1 7, dated Situated at

04.10.2017. 3 Learned Assistalt Government pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this 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 Court '?'illii3.; '1lE : I ,1I .T5 . 3 SI(, J W.P.No.14460 of 2025 as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 19O8). 4, The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (i) 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 end.orse 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 registratton a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. I

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 petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open 4 w.p.No.744so ttifri -:. fr}i, .| 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 shal1 be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/- T. VIJAY KUMAR :'t1 :'-o1'l*1l \..b="r,o* oFFlcER \ \ To Hvderabad.

1. The Principal Secretary, (Revenue), Secretariat' StdtS! of Telangana at Z. ifre-Oistrict Registrar, Medchal- Malkajgiri D-istrict' - 5. fn" Sun n"gisirar, tvlalkalgiri Medchal - Malkajgiri District' i. ft,. chiirrn5n, reiangand-state wakf Board, Nampally' Hyderabad' 5 i;; cG i; ci' ron"nrvrNUE, High court for the state or relangana at 6. o;; cc to M/s B.SHlRlsHA, Advocate tgfqql- -- ;. o;; cc i. SCr FARHAN AZAI\il runru, sc FoiI TELANGANA srATE wAKF B. Two CD CoPies BOARD, Advocate (OPUC) Hvderabad. [OUT] SA GJP HIGH COURT DATED:0910612025 e o o ORDER WP.No.14460 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1HE S I..r s ',\.z\ n, 17Jur M r:. r .t- .,i :' t)! . r..; \, -/ I D€s \