lmran Khan v. The State of Telangana

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 Writ or direction preferably Writ of Mandamus, declaring'the action of the Respondent No.2, in not receivlng, registering and releasing the subject rectification Deed presented in respect of the western portion of House No.43-300, PTI No.1171004475, in Survey No.406 and 409, admeasuring 125 Sq. yards or 104.5 Sq. meters, situated at Hanuman nagar, W.S. moula Ali, malkajgiri, under GHMC of Malkajgiri Circle and mandal, Medchal Malkajgiri, is illegal, arbitrary and contrary to provisions of law and violation of Article 300-A of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the subiect Rectification Deed/ any other deeds that may be presented by the petitioner in respect of the western portion of House No.43-300, PTI No l 17'1004475, in Survey No.406 and 409' admeasuring 125 Sq. yards or 104.5 Sq. meters, situated at Hanuman nagar, w s. moula malkajgiri, under GHMC of Markajgiri circre and mandar, Medchar Malkajgiri, without insisting No-objection certificate (Noc) from the Respondent No.3. lA NO: 1 OF 2025 Petition under Section '151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No.2 forthwith to receive, process, register and rerease the subject Rectification Deed/ any other deeds presented by the petitioner in respect of the western portion of House No.43-300, pl No..1 111004425, in Survey No.406 and 409, admeasuring i25 Sq. yards or 104.5 Sq. meters, situated at Hanuman nagar, W.S. moula Ali, malkajgiri, under GHMC of Malkajgiri circle and mandar, Medchar Markajgiri, without rnsisting No-objection certificate (Noc) from the Respondent No.3, pending disposar of the writ petition in the interest of justice. Counsel for the Petitioner: SRI SUBBA RAO VADREVU counsel for the Respondent No.1 & 2: AGp FoR srAMps AND REG|STRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2O387 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pieader for Stamps and Registration 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 and releasing the subject rectihcation deed presented by the petitioner in respect of the western portion of House No.43-300, frfl No. 1171004475 in Sy.No.406 and 409 admeasuring 125 sq. yards or 104'05 sq. meters situated at Hanuman Nagar, W.S. Moula Ali, Malkajgiri under GHMC of Malkajgiri Circle and Mandal, Medchal Malkajgiri, the petitioner Iiled the present writ petrtron.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court 2 SK, J WP No.20387 of 2025 \ seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same and follow due procedure as contemplated 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 recorded.- (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 and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by anj' person executing or claiming under the documenl, shall, without payment and unnecessdry delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registratton a document so endorsed unless and unti1, under the provisions hereinafter contained, the document is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ 3 SK, J WP No.20387 of 2025 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 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 petition shall stand close d //TRUE COPY// SD/.K. SREE RAMA MURTHY DEPUW REGISTRAR ,l SECTION OFFICER To,

1. The Principal Secretary (Stamps and Registration), Secretariat, Hyderabad, State of Telangana.

2. The Sub-Registrar, Malkajgiri, Medchal lvlalkajgiri District. 3. The Chief Executive Officer, Telangana Wakf Board, Huz House, Nampally, Hyderabad 4 One CC to SRI SUBBA RAO VADREVU' Advocate [OPUCI 5. One CC tO SRI FARHAN AZAM KHAN' SC FOR WAKF BOARD [OPUCI 6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR BS HIGH COURT DATED:16t0712025 ORDER WP.No.20387 of 2025 lirE Si+rr.t: t. * 2 5 JUr 2025 i\* t TC DISPOSING OF THE WRIT PETITION, WITHOUT COSTS