The High Court · 2025

Petition under Article 226 of the 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 recerving, regrstering and releasing the subject rectification Deed presented rn respect of the eastern po(ion 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 300-4 of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the subject Rectification Deed/ any other deeds that may be presented by the petitioner in respect of the eastern 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, tVedchal 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 filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 forthwith to receive, process, register and release the subject Rectification Deed/ any other deeds presented by the petitioner in respect of the eastern portion of House No.43-300, PTI No.'l 171004475. rn 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 lr/alkajgiri Circte and mandal, Medchal Malkajgiri, without insisting No-objection Certificate (NOC) from the Respondent No.3, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner : SRI SUBBA RAO VADREVU c o u n se I f o r th e Res po n o " "" "'cll'; #i ;";i,?t',f HIB'ir r*o, o * Counsel for the Respondent No.3 : SRI FARHAN AZAM KHAN, SC FOR WAKF The Court made the following: ORDER - THE HONOURABLE SRI JUSTICE K.SARATH WRIT PE"TITION N0.20675 of 20.25 ORDER: Heard Sri Subba Rao Vadrevu, learned counsel for the petitioner and Ms. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 & 2 and Sri Farhan Azam Khan, learned Starrding Counsel for Waqf Board. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the inaction of the Respondent No.2 in refusing to receive, register and release of rectilication deed presented by the petitioner in respect of the residential H.No.43-300, Pfl No. 1171004475 in Survey No.406 and 409, admeasuring i25 Sq. yards or 104.5 Sq. metres, situated at Hanuman Nagar, W.S. Moula Ali, Malkqgiri, under GHMC of Malkajgiri Circle and Mandal, Medchal Malkajgiri Malkajgiri District, the petirioner filed the prescnt writ petition. \-.1 - 2 -sK. .,/ WP 2O()7.; )O2S

3. Learned Assistant Government pleader for Stamps and Registration submits that without presenting the subject document, the petitioner has approached this Court se<:king regrstration of the said document. If the pctitioner present the same before the Registering authority, the respondents will receive the same and follou, the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 190g,). 4 The Section 71 of the Act, l9Og, reads as follou,s Reasons for refusal to register to be recorded._ (1) Evcry Sub-Registrar refusing to rcgister ir document, except on the ground that the propert-v to which it relates is not situated within his sub, district shall make an order of refusal and recordecl his reasons for such order in his Book No.2, ancl endorse the words ,,registration refusecl,, on thc document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copl'of the reasons so recorded. (2) No registering officer shall accept for registration a documenl so endorsed unless and until, under the provrsions hereinafter contained, the document is directed to be registered 3 .SK, J wP 20675 2025

5. In view of the above made submissions coupled with the provision under Section 7 1 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 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 documents presented before him, il 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 closed. SD/-P. PONNA KRISHNA ANT REGISTRAR A //TRUE COPY// ECTION OFFICER To, '1 . The Principal Secretary (Stamps and Registration), State of Telangana, Secrelariat, Hyderabad.

2. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri District 3. The Chief Executive Officer, Telangana Wakf Board, Huz House, Nampally, Hyderabad

4. One CC to SRI SUBBA RAO VADREVU, Advocate. [OPUC] l_ -:-.,.-!,.,t-1t-. _--_k_ 7 5 Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the State of Telangana [OUTI 6 One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD IOPUCI 7. Two CD CoPies \ BSK BS +P L I J oR 1HE S i4 rs (( o () \, SOJ|JL M l) - 1 -( !!t-- HIGH COURT DATED:1810712025 ORDER WP.No.20675 of 2025 DISPOS]NG OF THE WRIT PETITION WITHOUT COSTS p \ $