The High Court · 2025

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 pleased to issue Writ or direction preferably Writ of Mandamus, declaring the action of Respondent No.2, in not receiving, registering and releasing the sale deed presented in respect of Residential House bearing No.26-157/16 (Part), on Plot No.1B6 part, in Survey No.472, admeasuring 125 Sq. yards, Situated at Lalwani Nagar, East Anandbagh, Malkajgiri Circle, Medchal-Malkajgiri District is illegal, arbitrary and contrary to provisions of law and violation of Article 300-A of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the sale deed / any other deeds presented by the petitioners in respect of Residential House bearing No.26-1 57i 16 (Part), on Plot No.186 part, in Survey No.472, admeasuring 125 Sq. yards, Situated at Lalwani Nagar, East Anandbagh, Malkajgiri Circle, Medchal-Malkajgiri District, without insisting No-objection Certificate (NOC) from the Respondent No.3. lA NO: 1 OF 2524 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 sale deed / any other deeds in respect of Residential House bearing No.26- 157116 (Part), on Plot No.186 part, in Survey No.472, admeasuring 125 Sq. yards, situated at Lalwani Nagar, East Anandbagh, Malkajgiri circle, Medchal- Malkajgiri District, presented by the petitioners, without insisting No-objection certificate (Noc) of the Respondent No.3, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner : SRI SUBBA RAO VADREVU counsel for the Respondents No.1&2 : AGp FoR srAMps &REGlsrRATloN Counsel forthe Respondent No.3: SRI FARHAN AZAM KHAN, SC FORWAKF The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH IIIRIT PETITION No.15OO9 OF 2o24 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration and the learned Standing Counsel for the Wakf Board, appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Aggrieved b5r the action of the respondent No'2 hcrein in not receiving and processing the document lor registration in respect of the residential house bearing H.No.26-L57lL6 (Part), on Plot No.186-Part, in Survey No.472, admeasuring to an extent of 125 Sq.Yards, situated at Lalwani Nagar, East Anandbagh, Malkajgiri Circle, Medcha-l-Ma,lkajgiri District, the petitioners frled the present writ petitron

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the sr, J W.P.No.75OO9 2024 document, the petitioners have approached this Court seeking registration of the document. If the petitioners presents the same belore the Registeri.ng authority, the respondents will receive the sarne and follow the procedure as contemplated under Section T l of the Registration Act, 1908 (for short, ,the Act, 190g).

4. The Section 71 of the Act, 190g, reads as follows: Reasons for refusal to register to be recorclcd._ (1) trvery Sub,Registrar refusing to register a document, except or1 the ground that the property to r.l,hich it relates is not situatcd r,vithin his sub district shall make an order of refusal and recorded his reasons for such ordcr in his Bool< No.2, and cndorsc thc words "registration rclused" on the document; and, on application made by any person executing or clarming under the document, shall, without payment and unnecessary de1a1., give him a copy of thc reasons so recorded. (2) No registering officer shalt accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the clocument is dirccted to be rcgistered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 190g, 3 sx, J W.P.No.75OO9 2024 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 assigning reasons in 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 shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// ASSISTANT SD/-A. SRINIVASA REDDY STRAR ( FFICER SECTI To, Hvderabad Telanqana, HYderabad.

1. The Principal Secretary (Stamps and Registration), Secretariat' State of 2 iil Si,b-*qistrar, Ivlalkaigiri, Medchal Malkagiri. District' A. +ii; dh[iEi;ti;"'ori"l,? riri n",s', t'ta'np]attv, relansana wakf Board' 4. iji';-cei;sRl suBBA RAo vADREVU, Advocate' [oPUC] - 5. i;; 6cdio-e i-rbn srAMps AND REG|STRAIoN, Hish court for the 6. il;-rc iiSiT Fnnirnrl'hznrrr KHAN, sc FoR wAKF BoARD' [oPUC] 7. Two CD CoPies. State of Telangana. [OUTI BSK BS \ { HIGH COURT DATED:2210412025 rE [4 Fo v e) (U t ( a Ii, \ \ .$ .\ \rs i\ I o IJ / ORDER WP.No.15009 ot 2024 DrsPosrNG QF THE WR|T PETITION WITHOUT GOSTS ?^ 6\