High Court · 2025

Petition under Article 226 of 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 tvtandamus, to declare the action of the respondents particularly the 2nd respondent in refusing to receive, release the Release Deed in respect of all that their 2/3rd share of the Residential House bearing H.No.29-14401841A, (old H.No. 29-1255184), PTIN NO. 1170709154, on Plot No.84/A, in Survey No.289 and 290, land admeasuring '1 00.0 sq yards, with a total Plinth area of 1800 sq feet(Ground Floor-900 sft and First Floor-900 sft), situated at Kakateeya Nagar, Neredmet, 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 300-4 of Constitution of India and against all settled principles of law and consequently direct the 2nd Respondent to receive, release the Release Deed in respect of all that their 2/3rd share of the Residential House bearing H.No.29- 14401841A, (old H.No. 29-1255184). PTIN NO. 1170709154, on Plot No. 84/A, in Survey No. 289 and 290, land admeasuring 100.0 sq yards, with a total Plinth area 1:[ir'^7 of '1800 sq feet(Ground Floor-900 sft and First Floor-900 sft), situated at Kakateeya Nagar, Neredmet, within the limits of GHIVC lircle and lValkajgiri Mandal, Med chal-Ma lkajgiri District. lA NO: 1 OF 2024 Petition under Sectron 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to receive, release the Release Deed in respect of all that their 2/3rd share of the Residential House bearing H. No.29-'1440/84/A, (old H.No. 29-1255184), PTIN NO. 1170709154, on Plot No. B4lA, in Survey No.2B9 and 290, land admeasuring 1 00.0 sq yards, with a total Plinth area of 1800 sq feet(Ground Floor-900 sft and First Floor-900 sft), situated at Kakatee./a Nagar, Neredmet, within the limits of GHMC Circle and Malkajgiri Mandal, Medchal-Malkaigiri District, pending disposal of main Writ Petition. Gounsel for the Petitioner: SRI N.KRISHNA SUMANTH Counsel for the Respondent Nos.1 & 2: AGP FOR STAMPS AND Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR TSWB REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.1521 2 of2024 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 in refusing to receive, release the Release Deed in respect of their 2 f 3,a share of the Residential House bearing H.No.29- t44O I 84 / A, (old H.No.29-1255 184), PTIN No. 1170709154 in Plot No.84/A under Survey No.289 and 290, land admeasuring to arr extent of 1OO.0O Sq. Yards situated at I(akateeya Nagar, Neredmet, within the limits of GHMC Circle and Malkajgiri Mandal, Medchat-Malkajgiri District, the petitioner filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the 2 SK, J vrP_1!;212-2024 document, the petitioner have approached this Court seeking registration of the document' If the petitioner present the same before the Registering authority' the respondents will receive the sar-ne and follow the procedure as contemplated under Section 71 of the Re;listration Act' 1908 (for short, the Act' i908')' The Section 71 of the Act, 1908' reads ars follows: 4 Reasons for refusal to register to be record( d - (1) Every Sub-Registrar refusing to register a clocument, except on the ground that the l)ropertl/ to rvhich it relates is not situated rvithin his sub- district shall make an order of refusal an'1 recorded his reasons for such order in his Book No'2' and endorse the words "registration refuse l" on the document; and, on application made by 'Lny person executing or claiming under the docunrent' shal1' without payment and unnecessary delay' givc him a copy of the reasons so recorded' (2) No registering officer shall accept for rcgistration a document so endorsed unless and until' under the provisions hereinafter contained' the document is directed +"o be registered' U In view of the above made submissions coupled with the provision under Sectiorr 71 of the Act' 1908' this writ ,*wY<,-' L )' I I I \ To W o 7 PSK GJP 3 SK, J wP 15212-2024 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, 1g99. It will be open to the Registering Authority to refusle 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 aly opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shal be no order as to costs. 6 Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ,TRUE COPY// SD/.P. PONNA KRISHNA AS ISTANT REGISTRAR SECTION OFFICER 2 a St gistratio 1 . The Secreta , Revenue (Stamps and Re Hyderabad, ate of Telangana The Sub-Registrar, IMalkajigiri, IMedchal Matka jigiri District The Chief Executive Officer, Telangana State Wakf Board, Nampally, Hyderabad. Qne QC to SRI N.KRISHNA SUIUANTH, Advocate IOPUCI Two CCs to Gp FOR STAt!{pS ANDRE_qrSTRAit6N, H,gh Court for the State of Telangana, at Hyderabad. IOUTI one cc to SRt FARHANAZATV KHAN, Sb FOR TSWB topucl Two CD Copies 4 5 rtment, Secretariat, :':. ,., '.,.x;i'..:.. ''...- '.':?.'.'':''...-. ....f HIGH COURT DATED:1010612025 ORDER WP.No.15212 ot 2024 .:5j.4 14: 18 JUt{ ilUi ,/; ',/ -. -) (J t ? oi.. "^TC\'r ( z o DISPOSING OF THE WRIT PETITION WITHOUT COSTS 'rt{ \g W 5