High Court · 2025

Counsel for the Pertitioners : SRI SURyA BALU MAHENDRA Counsel for the Rers;pondent Nos.1 & 2 : AGp FOR REVENUE !9u1sel for the Re,s,pondent No.3 : SRt FARHAN AZAM KHAN, S,C FOR TELANGANA {;TA'T: WAKF BOARD The Court at the stage of admission made the following ORDER THE HONOURABLE SRI WSTICE K.SARATH WRIT PETITION No.14847 of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azarn Khran, iearned Standing Counsel for the Telangala State Wakf Board appearing for the respondents. With their consent, this writ petition 1S disposed of at the stage of admission.

2. Aggrieved by the action of the respondent No.2 herein in not entertaining and registering the Rectification Deed executed and presented by the petitioners in respect of Western Portion of house bearing No.43-3OO (mI No.11710044751, adrrreasuring to an extent of 125-OO yards situated at Hamrman Nagar, (W.S.) Moula Ali, Malkaj giri, under GHMC of Malkajgiri Circle and Mandal, Medchal- Malkajgiri District, the petitioners hled the present writ petrtron. f *.O.*" , r"r, "r25L! 3. Lr-'arn:d Assistant Government pleacer lor Stamps and Rel1r;il-ation submits that without pre,;enting the documr:r.l , rhe petitioners have approacheci this Court seeking fepistration of the document. If the petitioners present t.ht, same before the Registering ar.rrhority, the responderts will receive the same ald foilou, thr. procedure as conten-ll:)lzrted under Section 7l of the Regisr ration Act, 1908 (for shrrt, .the Act, 19OgJ. 4 Th<t rlcr:'ion 71 of the Act, 190g, reads as f<rl[ows: Ir z,:;o ts for refusal to register to be recordecl._ (1) Firery Sub-Registrar refusing to re gistr r a clo: rr-lent, except on the ground that thr: pr()per: Vto v,,h ir- h it relates is not situated with n his .;ub Cisti-:c t shall make an order of refusal and reco .ded his rcasons for such order in his Book No.2. a66 en(lorr;,r the words "registration refus,:d,, ori the d:cLrrr enl; and, on application made by an-] pL.r son exe: tti-rg or claiming under the docunent, sf all, witlrrtut payment and unnecessary delay, girn__ lri;n a c('ll-,/ oi the reasons so recorded. (2 I'I, r -,:gi51.ring officer shall accept for regis.tr:rtion a (lc,cr unent so endorsed unless and until. un,ler he provis c,ns hereinafter contained, the docurtrcn t is dirclt,, rr, be registered. k sr, J W.P.No.74a47 of 2025

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 19O8' this writ petition is disposed of d'irecting 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 in support of such decision and communicate the said decision to the petitioners' It is made clearthatthisCourthasnotexpressedanyopinionon merits of the case as to the entitlement of the petitioners to get the subject document registered' There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition sha-ll stand closed. //TRUE COPY// SD/-A.V.S.PRASAD DEPUTY REGISTRAR SECTION OFFICER To S epartment, Secretariat, -SuO-neoiStrar, Nampally, HYderabad. State of Telangana at HYderabad '

1. The Principal Secretary, Stamps and Registration z ih.- Ir,4al(ajigiri, Ivledchal-fMal kajgir 5. fne Cnief Eiecutive officer, Telangana State wa a i*" bc6't" cp ron REVENUE, High court for the state of Telangana at s. ijii"cdi" dnr sunvn BALU MAHENDF4'nqIoiSt'IoPUCI 6. one cc to SRt FARHAr.ii2xr;]<iinNi, sb FoR TELAi.IGANA srArE WAKF 7. Two CD Copies i District. kf Board, Huz House, BOARD, Advocate (OPUC) Hvderabad. [OUT] SA GJP * nh,- HIGH COL'FIT DATED:09t10612025 ORDER WP.No.148;47' of Z02S /:i; ,/ \\ t ,$ 1 I ,iuit r,ffi (r :), $( z o .r..' DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. e{