Boggula Lalitha v. The State of Telangana

Petition under Artiqle 226 of the Constitution of lndia praying that in the circumstanceg statqd in the affidavit filed therewith' the High Court may be pleased to is$ue writ qr direction preferably writ of Mandamus, declaring the action of Rsgponq.9nt ttl9.2, i1 not teceiving, registering and relgasing the sale deed presented ir1 respgct of Residential House bearing H. No.24-BBi36l1l4l1 , PTI No.1 17050557?, (gld H Nos -25-88/36/257 pan and 26-4721257) insurvey No.472, Plot No.257 part, admeasuring 100 Sq. yards, with a buillup area of 700 Sq.feet, out pf- t9tal land 200 sq yards, situated at Lalwani Nagar, East Anandbagh, lylalkajgiri Q!r.cle and 4andal, Medchal-Mqfkajgiri District, is illegal, arbitrary and contJary tg proyisions 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 the sale deed / any other deeds pr.gsente{ by the petitioner in iespect of Residential House bearing H. No.24- 88136111411 , PTI No.1170505522, (Old H Nos 25 88t361257 part and 26-4721257) in survey No.472, Plot No.257 part, admeasuring 100 Sq. yards, with a builtup atea of 7OO Sq.feet, out of total land 200 sq. yards, situated at Lalwani Nagar, East Anandbagh, lt/lalkajgiri Circle and mandal, Medchal-Malkajgiri District, without insisting No-objection Certificate (NOC) from the Respondent No.3 lA NO: 1 OF 2024 petition under Seclion 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 reeeivg, prgce$9, regi$ter pn( release tfte sale deed / any olher dqeds in respeQt of Besidential HouSe bearing H No.24- BBt36t1t4t1, PTI No 1 1705055?2, (QlQ H. Nqs,25-88t30G57 part and z6-422t2s7) in survey N0.472, Plot Nq 257 part, admqa$Uring '100 gq. yards, with a builtup area of 700 Sq feet, out of tqtal lanQ 200 Sg, yatds, Qituated at Latwani Nagar, East Anandbagh, Malkajgiri Circle and qgndsl, Megchal Matk4jgiri Distric|, presented by the petitronqr, withoul ir.rgisting No-objection certificate (Noc) of lhF Respondent No 3, pending disposal of the writ petition in the interest of justice. Counsel for lhe Petitioner : SRI SUBBA RAQ VApREVU Counsel for the Respon{gnts No.1qA : AGP FOff STAMPS& REq|STRAT|ON Counset for tfte Rqqpondqnt [to.3: 9Bl FABhIAN AZAll0 KHAN, SC FOR WAKF The Coqrt lpade the followingl OBDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.15OO1 OF 2o24 ORDER: Heard learned counsel lor the petitioner and learned Assistant Government Pleader lor Stamps and Registration and the learned Standing Counsel for the Wakf Board, appezring lor the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Aggrieved by the action of the respondent No.2 herein in not receiving and processing the document for registration in respect of the residential house bearing H.No.24-88 l36l1l4l r, PT-No.t17o5o5s22 (Old H.Nos.25l881361257-Part and 26-4721257\ 1n Sy.No.472, Plot No.257-Part, admeasuring to an extent oi 10O Sq.Yards, with built up area of 700 Sq.Feet, out of 2OO'Sq.Yards, situated at La-lwani Nagar, East Anandbagh, Malkajgiri Circle, Medchal-Malkajgiri District, the petitioner filed the present writ petition SI(, J W.P.No.15OO1 2O24

3. Learned Assistant Government pleader for Stamps and Registration submits that without presenting the document, thc petitioner has approached this Court seeking rcgistrat.ion of the document. If the petitioner presents the same before the Registering authority, the respondents u,ili receive the saine 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, 1908, reads as foliows Reasons lor refusal to register to be recorded.- (1) Everv Sub Registrar refusing to register a document, cxcept on the ground that the property to rvhich it relates is not situated within his sub-district shall make an ordcr of refusal and recorded his reasons lor 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 clairning under thc docu ment, shall, without payment ald unnecessarv clelay, grl,,c him a copy of thc reasons so recordcd. (2) No registering officer shall accept for registration a document so endorsed unless ar-rd until, under the provisions hereinafter contained, the document is dirccted to be registcred. 7 3 SK, J W.P.No.15OO7 -2024 In view of the above made submissions coupled 5. 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 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 shall be no orddr as to costs' I To,

6. Miscellaneous Petitions, if any, pending in this writ p etition shall stand closed. //TRUE COPYtt SD/.A. SRINIVASA REDDY ASSISTANT REqISTRAR ltfi<- SECTIONOFFICER 1 2, 4 5 6 7 ;ai. Telansana wald-Board. Huz House, N ampallv' ThePrincipalsecretary(StampsandRegistration),secretariat,Stateof Telanqana. Hvderabad. Th;Stb-C'eoi'strar. Malkaiqiri, Medchal Malkajgiri District til; d;i"i Ei;At'v€;'offi Hvderabad. oi,"-cdio snl SUBBA RAo VADREVQ, Adrocqle.[pPUC] - i;; cd" t"-Gilb.-n siAlrtps AND REGlsrRArloN, High ceurt for the $tate of Telangana. [OUT] fi; ct i" Sni Fanhnlt Azru xnnru, sc FoR wAKF BoARD IoPUCI Two CD Coples 88^.\^s, l HIGH COURT DATED:2210412025 ORDER WP.No.15001 of 2024 \ P AY s t- o t= * o DISPOSING OF THE WRIT PETITION WITHOUT COSTS b 2r