High Court · 2025

Kaza Hanumantha Rao. S/o LateKaza Venkata Narasimha Rao, Aqed about 69 years, occ. Retired Bank officei Ry;'-i;i N;: F2, Sripathi Homes, Ramanajakuntam, Krishna t tag,i c,;trr, A";Oi.lrl' prri".n. 522006 AND ...PETITIONER 1' The state of reranqana, represented by its principar Secretary lstamps and ^ Segistration). Secreiariat, UvOLiioao. I +I9 ?up-Registrar, Malkajgiii, Medchat Matkaiqifl Districr. r' r ne reranoana state. wakf Board. Rep. oy iit cniei Eiecutive officer, Huz v' rle I rr House. Nampally. Hyderabad. ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ or direction preferabry writ of ,Vrandamus, decraring the action of the Respondent No_2, in not receiving, registering and releasing the subject sale Deed presented in respect of Residentiar House bearing No. 32- 80/6/3, (Old H.No.32-.143/84), on ptot No.B4, in Survey Nos. 146 and 162, admeasuring 200.00 Sq. yards or 167.20 Sq.tVtrs, with buitt up area 2700 Sq. Feet RCC Roof (Ground Ftoor 1350 Sq feet plus First Floor 1350 Sq Feet), situated at D.EVI NAGAR COLON', Neredmet, Under GHIVC, Malkajgiri Circle al, IVIedchal-Malkajgiri District, and Mand IS illegal, arbitrary and contrary to of law and violation of Article 300_4 of the Constitution of lndia, and tly direct the Respondent No.2 to receive, process, register and release the subject sare Deed/ any other deeds that may be presented by the petitioner in respect of Residentiai House bearing No.32-g0/6/3, (ord H.No.32- 143184), on Plot No.84, in Survey Nos. 146 and .162, admeasuring 200.00 Sq. :fr: yards or -167.2C s;q t/trs, with built up area 27OO Sq Feet RCC Roof (Ground Floor 1350 Sq 'e,:1 plus First Floor 1350 Sq Feet)' situated at l)EVl NAGAR CoLoNY,Neredrn,:tUnderGHMC,MalkajgiriCircleandVanljal, Malkajgiri District'^irhout insisting No-objection Certificate (Nt.)C) Respondent No.3 IA NO: 10F 2025 f rom the l\,4edchal- Petition lnrie' Slection 151 CPC praying that in th() cirru'n';tances stated intheaffidavitliledirsupportofthepetition'theHighCourtmaybepleasedto direct the Resporrcl 3nt No2 forthwith to receive' proces:i' registor and release the subject Salt; [)r-'ec/ any other deeds presented by the petitioncr in respect of Residential Hotts: b:aring No 32-80/6/3' (Old H No 32-' 43i ll4 t' rn Plot No.84' in Survey Nos. 1'16 ;lrrd 162, admeasuring 200-00 Sq Yards or 1 57 20 Sq Mtrs' with built up aretr 2:-'00 Sq. Feet RCC Roof (Ground Floor 1350 Sq feet+ First Floor 1350 Sq [:e:t, situated at DEVI NAGAR COLONY" Ne-edmet' Under GHMC, tr/alkaig ri Oircle and Mandal' Medchal-tvlalk aigiri D strict' without insisting No-ot,jecl c rr Certificate (NOC) from the Respondent No 3' pending disposal of the w'i1 p€'tition in the interest of .iustice Counsel for thr: Pr:titioner: SRI' SUBBA RAO VADREVU Counsel for th,s lR,-'s pondent Nos. 1to2: AGP FOR STAMPS AND REGISTRATION Counsel for thre Fir:spondent No'3 : SRI FARHAN AZAM KHAN' tiic FOR TSWB The Court macle the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.16 32O of2O2S ORDER: Heard learned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration and Sri Farhan Azarn Khal learned Standing Counsel for the Telangana State Wakf Board appearing for 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 in not receiving, registering arrd rcleasing the subject Sale Deed presented in respect of Residential House bearing No.32-80/6/3 (Old H.No.32-143 /84), on plot No.84, in Survey Nos. 146 and 162, admeasuring to an extent of 200.00 Square yards or 167.20 Square Meters with built up area 2700 Square Feet RCC Roof (Ground. Floor 1350 Square feet plus First Floor 1350 Square Feet), situated at "OBVI NAGAR COLONY", Neredmet Under GHMC, Malkajgiri Circle and Manda,l, Medchal_Malkajgiri District, thc petitioner filed the present writ petititrn. J , - x w.p.iro.1(320 "f23rt" 3. Le an:t:,l Assistant Government pleacler tbr Stamps and R,:€t,i,stration submits that withouLt ltresrenting the docum<:nt the petitioner has approached this Court seeking :r:pistration of the document. If tht, petitioner presents thr, same before the Registering arrrhority, the respondents r.r,ill receive the same and follov", thr procedure as contrrrn[)]erted under Section 7r of tine Re gisr ration Act, 1908 (for strrrt, .the Act, 190g,). 4 Thr: Sr:r:fion 7l of tine Act, 19Og, reads as; follows ReeLr; tns for refusal to register to be reccrderi. _ '1 Tiyery Sub-Registrar refusing to regist:r a 1c ctrrrLent, except on the ground that the prope I ,.y to 'rlri:1r it relates is not situated within -ris sub_ rli:;tri -'I shall make an order of refusal zLnd rc,:.c r.dcd hir; ;-c;lsons for such order in his Book N:.11. ancl (:nl trse the words ,.registration refus;ed,, on the clo:rrrtent; and, on application made by arr.. l)c-son e xr:c utrng or claiming under the docu:nent, s_rall, v,rilhorrt payment and unnecessary delay, gn.e h m a co1>1 c I the reasons so recorded. (1)) I\rr1 r-sgr5lsring officer shail accept for regrstr_a tion a do:urnent so endorsed unless and until, urrdcr the prov llc,ns hereinafter contained, the docu;re,n is d rcclecl to be registered. .t w.p.No.t6s2o "f23"!, 5. In view of the above made submissions coupled with the provision under Section TI of the Act, 19Og, this writ petition is disposed of directing the Registering Authority to r.rrecelve, regrster 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 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 order as to costs.

6. Miscellaneous petitions, if any, pending in this writ tion sha-ll stand closed. //TRUE COPY// SD/.MOHD. ISMAIL.. EPUTY REGISTRAR SECTION OFFICER *ry' To, \ 2 3

1. The Pri ncipal Secretary (Stamps and Registratio T.S.,H yderabad The Sub-Re gistrar, M The Telang ana State House, Nampally, Hyderabad. alkajg Wakf iri, tVledchal lvlalkaj Board, Rep. by its giri Distr Chief Ex ecutive Officer, Huz 1 9n" CC to SRl. qpBBA RAO VADREVU, Advocate [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the 6. One CC to SRl. FARHAN AZAtvl KHAN, SC FOR TSWBIOPUCI 7. Two CD Copies State of Telangana at Hyderabad [OU! s Bru /1 tD HIGH COURl' DATED:16 rc612.025 ORDER WP.No.1632tl of 2025 ::-__-".. rx! s 1.. 'a 7 2a JUil l[ 5 (\ l' t o .J o -, t DISPOSING OF THE WRIT PETITION WITHOUT C:I]ISTS d 0rc'f' %"