High Court · 2025

1 trtena Tabassum, w/o.Abdul Rawof syed Hashim Aged about 50 -years, occ. ' iiJusewif", R/o.9823 Talisman Drive, iohs Creek, GA, 30022;USA 2 A6J;ifu*"f Syed Hashim, S/o.Late S.H.Abdul Rawof, Aged-abo^ut. 59.years' ' ijii. ariin"ss,'Rl/o 9823 Talisman Drive, Johs Creek, GA, 30022, USA Req i''.iir'eirGPA Holder Mr.M.F.H.Naseer S/o. Late M.A.H. Asad, Aged about 52 i6ri., OC". Business, No.16-11-741lclN10, SBH Colony Moosarmbagh' bilsukhnagar, Hyderabad-36 ...PET|T|ONERS AND -^ . neoistration Department Secretariat at Hyderabad '

1. The State of Telangana, Rep by its Principal Secretary' Stamps and ' ' 2 ii; Commissioher and lnspector General, Stamps and.Registration - nenartment. Mozamiahi Market, Nizamshahi Road' Hyderabad- IS S. ih[bistrict Registrai, Hyderabad District Registration Office, Office at Red +. ine Su'O Registrar, Registration Office, Golconda, Hyderabad Hills, HYderabad ES'ONDENTS 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 Mandamus by declaring the action of the official Respondents more particularly the Respondent No.4 in not accepting the Proposed Sale Deed and not registering the same in respect of Flat No.301 on Third Floor, admeasuring 1320 SFT, in premises bearing H.No.11-3-848,11-3-84811,2,3,4 and 5, Situated at Mallepally, Hyderabad, on the ground of pending civil Litigation between Builder and the owner, as arbitrary, discriminatory, ex-facie illegal, unconstitutional, without application of mind, in violation of Articles 14,21 and 3O0' A of constitution of lndia, violation of Principles of Natural Justice, and consequently may direct the Respondent No.4 to receive, register and release the Proposed Sale Deed if any executed and presented by the petitioner in respect of the aforesaid Flat, in the lnterest of Justice. lA NO: 1 OF 2025 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.4 registration Authority to entertain and register the Sale Deed that may be presented by the Petitioner in respect of Flat No.301 on Third Floor, admeasuring 1320 SFT, in premises bearing H.No.1.l-3-g48, 11-3_g41t1,2,3,4 and 5, situated at Mallepally, Hyderabad, and release the Registered sale Deed to the Petitioner, in the interest of Justice, pending disposal of the main writ Petitio n. Counsel for the Petitioners: SRI K.JAMALI Counsel for the Respondents: AGP FOR STAMpS AND REGISTRATION The Court made the followingl ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.18899 of 2O25 ORDER: Heard learned counsel for the petitioners and learned Assistant (iovcrnment Pleader for Stamps and Registration appearing for the respondents and perused the materiaf on record. With their consent, this writ petition is disposed of at the stage of admission.

2. Aggrieved by the action of the respondent No.4 in not accepting the Proposed Sa-le Deed and not registering the same in respect of Flat No.3O1 on Third I.-loor, admeasuring 1320 Sq. Feet in H.No.1 I -3-848, 1l-3-848/ I, 2, 3, 4 and 5, Situated at Mallepally, Ilyderabad, the petitioners hled the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioners have approached this Court seeking registration of the document. If the petitioners present the same before the Registering authority, the I 2 SK, J W.l'. No.1 8899 oI 2O25 respondents will receive the same and lollow the procedure as contemplated under Section 71 of the Registration Act' 1908 (for short, 'the Act, 19O8).

4. The Section 71 of the Act, i908, reads as lollows: Reasons for refusal to registcr to be rccorded' (1) Every Sub-Registrar relusing to reglster a document, except on the ground that thc propertY to which it relates is not situatcd u'ithin his sub- district shall make an order of re iusal and recorded his reasons for such order in his Book No 2, and endorse the words "registration re[used" on the document; and, on application madc bv an)' pcrson executing or claiming trndcr thc document, shall' without payment and unneccssa['dclav, givc him a copy of the reasons so recordcd. (2) No registering officer shall accept lor rcgistration a document so endorsed unless and until, undcr the provisions hereinaitcr contained, thc clocumcnt is directed to be registered. In view of the above made submissions coupled with 5. the provision under Section 71 o[ 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, I 3 SK, J W.P.No.18899 of 2025 1908 as well as the Indian Stamp Act, i899. 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 ciear 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// Sd/. MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER Hvderabad. State of Telanqana. 1 . The Principal Secretary, Stamps and Registiation Department Secretariat at 2. iG C;m;isiionei ano lnipector General, Stamps and Registration - Mirket, Nizamshahi Road, Hyderabad-TS 3. i;5b[i;;i'i;;i.i;;i: Hi;6iio]o'oi'tii.i negistiation'orrice, orrice at Red Oepa-rtment, -lVlozamjahi Hills, Hyderabad inJ'S16 n"qistrar, Registration Office, Golconda, Hyderabad One CC to SRI K.JAMALI, Advocate [OPUC] il; cc.i"-ci tor SiAtvti's and REblsrRATloN, High court for the state of Telangana, at HYderabad. [OUT] Two CD Copies To 4 5 6 7 PSK. MP M. HIGH COURT j DATED:0310712025 ORDER WP.No.18899 of 2025 li. .-.r; ,- i,ri ," 11 JUr 2ff6 \ (,,('.P z * r7f \ i- o :,t DISPOSING OF THE WRIT PETITION WITHOUT COSTS @n \\ bi 1