1 Chittimalle Qmprakash v. 309

Petition unc,()- section 151 CPC praying that in the circumslances stated in the affidavit f ile l irr support of the petition, the High cou rt n ay be pleased pleased to dirt:c ll'rt: Respondent No.2 forthwith to receive, process, register and release the st ble:t Sale Deed/ any other deeds presented by the petitioner in respect of Resi,lerlal Premises No.29-1382/33, on Plot Nos.3l Part and 40, 150 SFT of admeasuring zrn ;r€zr of 219.24 Sq. Yards or 183.28 Sq.lVeters. AC Sheet, unde-:;trrvey Nos.291,306 and 309, Situated at SAN'ATHA NAGAR, Neredmet, with n the limits of Greater Hyderabad Municip;rl corporation, Malkajgiri circ le :rc Mandal, tVledcha l- IVlalkajg iri Distrir;t, r,vitho,rt insisttng No- objection Cert fir;a1e (NOC) from the Respondent No.3, pen'ling disposal of the writ petition in the irt:rest of lustice- "vith Counsel for the Politioner : SRI SUBBA RAO VADREVU Counsel for the Fr:r;pondents No.1&2:ASST.GP FOR STAMPS&IIEGISTRATION Counsel for thre Re:;pondent No.3: SRI FARHAN AZAM KHAN, Srl FOR WAKF The Court marle, lhe following: ORDER I THE HONOURABLE SRI JUSTICE K.SARATH WRIT oNNo.16718 of 2o2s ORDER: Heard learned counsel for the petitioners and learned Assistant Government pleader for Stamps and Registration appearing for the respondent Nos.l and 2 and.Mr. Farhan Azam Khan, learned Standing Counsel for the respondent No.3. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the respondent No.2 in not receiving, registering and releasing the subject sale deed in respect of residentia_l premises bearing No.29-13g2 /33 in PIot Nos.39 part and 40, admeasuring to an extent of 219.24 Sq.yards or 1g3.2g Sq.meters, with 150 Sq.ft. of AC sheet, in Survey Nos.291,306 and 309, situated at Samatha Nagar, Neredmet, within the limits of GHMC, Malkajgiri Circle and Mandal, Medcha_l_Malkajgiri the petitioners filed the present writ petition. District, .!- SK, J vv'F . 16718 2025

3. Lt:ar-Lr:,1 Assistant Government Pleader lor Stamps and RelJi-.;tration submits that without :rer.renting the documr:rLt, the petitioners have approachecl this Court seekin[,; r,::girstration of the document. If the petitioners presenl tfL,: szlme before the Registering aul.hority, the responrle rL L ; sha-ll receive the sarne and follow the procedu r e i1s contemplated under Section 71 of the Registr,rtrrtrr Act, 1908 (for short, the Act, 1gl8J

4. Ttre llr:r:tion 71 of the Act, 1908, reads as fc,llows: I,lcir;rns lor refusal to register to be recordr:d..- livcn, Sub-Registrar refusing to regrs ler a ( I c c(:rr3renl, except on the ground that the Fropcrty to r. hi,:''r it. relates is not situated within his sub- c.ir;t -rcr shall make an order of refusal anc. rc,< orded t,i-; reasons for such order in his Book \c . . and e ncl,r -se the words "registration refirsed" otr the co(rlncnt; and, on application made t>y a:ry [rerson cx:crrtins or claiming under the docume nt, shall, v'i .hcut payment and unnecessary delty, glivr: :um a cor,r of the reasons so recorded. (:2) lkr registering officer shall acceptrftrr regist-ation a clr:urrent so endorsed unless and urtil, -t.d:rr the provir;ions hereinafter contained. the documr nt is d ir,: r:te d lo be registered. SK, J wP 167 ta 202s

5. In view of the above made submissions coupled with the provision under Section 7l 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 petitioners complying with the provisions of the Act, 19O8 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 shatl be no order as to costs.

6. Miscellaneous Petitions, if any., pending in this writ pqtition sha,ll stand closed. //TRUE COPY// SD/-MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER To, 1 The Principal Secretary (Stamps and Registratio Telangana, Hyderabad n Secretariat, State of

2. The Sub-Registrar, Malkajgiri, lVledchal Malkajgiri District 3. The Chief Executive Officer, Telangana State Wald Board, Huz House, Nampally, Hyderabad.

4. One CC to SRI SUBBA RAO VADREVU, Advdqrte. IOPUCI 5. Two CCs to GP FOR STAIVPS AND REGISTRAT|ON, High Court for the State of Telangana. [OUT] Xr &

6. One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD [OPUC] 7. Two CD C"pigg v .-i!. HIGH COI.J'?T DATED:: 181A012025 -:: - -"- =:\ ri c);\ 1. \': o J C () I E JUlt 2025 { ORDER WP.No.16718 of Z02S DISPOSING OF THE WRIT PETITION WITHOUT COSTS (gc"pi4 Wtq"