High Court · 2025

Bhattiprolu Sri Ranga Sai Naga Santhosh, S/o Subrahmanyam, Aged about 30 years, Occ. Private Service, R/o H.No. 2-48, Bose Vigraham Cenke, Nagayalanka, Krishna District, AP. AND ...PETIT|ONER

1. The State of Telangana, Rep. by its Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.

2. The Sub-Registrar, Malkajigiri, tMedchal tVlalkajigiri District 3. The Telang_a,na State Wakf Board, Nampally, Hyderabad, Rep. by its Chief Executive Officer. ...RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of [\rlandamus, to declare the action of the respondents particularly the 2nd respondent in refusing to receive, register and release the Sale Deed presented by the petitioners in respect of Residential House bearing H.No.30- 6471515, (old No. 27-18), PTIN NO. 1 'l 70800395, land admeasuring 200.0 sq yards, consisting of Ground Floor and first floor of 1860 sft (each Floor-930 Sft)., of built up area, constructed on Plot No. 18, under survey No's 466 ,467,468, and 469/1 , situated at NBH Colony, Santosh Nagar, Malakajgiri, within the limits of GHMC Circle and Malkajgiri Mandal, Medchal-Malkajgiri District, as illegal, arbitrary, against the provisions of Registration Act, in violation of Article 300-A of Constitution of lndia and against all settled principles of law and consequently direct the 2nd Respondent to receive, register and release the sale deed presented by the Petitioners in respect of Residential House bearing H. No.30-647/5/5, (old No. 27- 18), PTIN NO. 1170800395, land admeasuring 200.0 sq yards, consisting of Ground Floor and first floor of 1860 sft (each Floor-930 Sft) , of built up area, constructed on Plot No. 18, under survey No's 466 ,467,468\, and 469/1 , situated at NBH Colony, Santosh Nagar, Malakajgiri, within the limits of GHMC Circle and Malkajgiri Mandal, It/edchal-tr/a lkajg iri District. lA NO: 1 OF 2024 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 2nd Respondent to receive, register and release the sale deed presented by the Petitioners in respect of Residential House bearing H. No.30-647/5/5, (old No. 27-18), PTIN NO. 1 170800395, land admeasuring 200.0 sc1 yards, consisting of Ground Floor and first floor of 1860 sft (each Floor-930 Sft)., of built up area, constructed on Plot No. 18, under survey No's 466 ,467,46ti, and 469/1 , siluated at NBH Colony, Santosh Nagar, Malakajgiri, within the limits of GHtt/C Circle and Malkajgiri Mandal, Iiiledchal-Malkajgiri District, pending drsposal of main Writ Petition. Counsel for the Petitioner: SRI N.KRISHNA SUMANTH Counsel for the Respondent Nos.1 & 2: AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR TSWB The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.15138 of 20.24 ORDER: Heard learned counsel for the petitioner and learned Assistant 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 and perused the entire material on record.

2. Aggrieved by the action of the respondent No.2 1n refusing to receive, register and release the Sale Deed presented by the petitioner in respect of Residential House bearing H.No.30-6471515, (old No.27-18), P|IN No. 1170800395, land admeasuring to al extent of 200.00 Sq. Yards in Plot No.18 under Survey Nos.466, 467, +68, and 469 I l, situated at NBH Colony, Santosh Nagar, Malakajgiri, within the limits of GHMC Circle and Malkajgiri Mandal, Medchal-Malkajgiri District, the petitioner hled the present writ petition. l : I I I i I 2 SKJ wP 15138-2024

3. Learned Assistant Government Pleadr:r for Stamps and Registration submits that without llresenting the document, the petitioner have approachr:d this Court seeking regrstration of the document' If the petitioner present the same before the Registering authority' the respond,ents will receive the same and follovr the procedure as contempiated under Section 71 of the Registration Act' 1908 (for short, the Act, 1908')' 4 The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorcied'- (1) 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 arld recorded his reasons for such order in his Book No'2' and endorse the words "registration refust:d" on the document; and, on application made by any person executing or claiming under the docurnent' shal1' without payment and unnecessary delay' give him a copy of the reasons so recorded' (2) No registering officer shall accept for registratron a document so endorsed unless and unt:i' under the provisions hereinafter contained' the clocument is direcled to be registered. ' -- SK, J wP 15138 2024

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 to the Registering Authority to refuse the document presented before him, if he has any objection, by duly 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 SlgqSd. //TRUE COPY' To 1 The Secretary, Revenue (Stamps and Registration) SD/.P. PONNA KRISHNA SI TANT REGISTRAR SECTION OFFICER rtment, Secretariat, 2 J 4 5 iXS"SlB:*3LlE':t-r',:i.Tfl?['t\/edcharMarkajigiri,District +'# 6ti"i Ei";-rti"" otti"6i' i"r'nsini state 'Wakf Board ' Nampallv' Bll"#?ro r *' N. KRr s H NA s u MANr H, Advo-cate [oP U c I rwo ccs to GP FoR srnrtip".s"iitro iiEgisitiAil6N' Hish court for the a*i""% l"'sfi??}iiflRi7iflefl -[tlt FoR rsw B toPU c] Two CD CoPies W u 7 PSK. GJP ,----,*".*it{t'- - HIGH COURT DATED:1010612025 ORDER WP.No.15138 of 2024 , ) irE S f4 k 6' A ((\( 18 JUN XE z o t D2 jna -c , DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 \g t