High Court · 2025

of lndia PraYing that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue any writ order or direction more particula* t:: Writ of Mandamus to declare the inaction of the respondent No'2' in recetvtng' registering and releasing the sale deed presented by the petitioner on 1g.o7.2o2s, in respect i nour". bearing No. 45-2s7t4 (PTIN'117100661 1)' 0ld.No.45-231/20, on Plot No 20' admeasuring 266 Sq'Yards or 223 Sq'Mtrs ' with a built-up atea o11230 Sq'Feet of RCC Slab' in Survey Nos 591' 596 and ': 'T:T:'" *7 597, situated at UPpERGUDA, sHrRDr Nagar, MoULA-ALI, covered under Brock No 45, within the rimits of Greater Hyderabad Municipar corporation, Markajgiri Mandal, Medchar-Matkajgiri District, on the ground of the rands in Sy.No. s91, 596 and 597 0f Markajgiri are in prohibited rist of properties pursuant to the instructions of the Respondent No.3 lnstitution, as illegal, arbitrary and u nconstitutiona r and consequentialy direct the Respondent No.2 to receive, register and release the sale deed present by the petitioner forthwith. I.A.NO:1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to pass interim directions on the Respondent No.2 to receive, register and release the sale deed present by the petitioner forthwith respect of House bearing No. 45- 25714 (PT1N.1171006611), Otd.No.45_23112O, on ptot No.20, admeasuring 266 Sq.Yards or 223 Sq.Mtrs., with a built_up area of 1230 Sq.Feet of RCC Slab, in Survey Nos.591, 596 and S97, situated at UppERGUDA, SHIRDI Nagar, |\/OULA_ ALI, covered under Brock No.45, within the rimits of Greater Hyderabad Municipar corporation, Markajgiri Mandar, Medchar-tr/arkajgiri District, pending disposar of the above writ petition Counsel for the Petitioners : SRI KONGALA MOHAN GOUD Cou.nse,l_for the Respondent Nos.1 & 2 : Ms. S.SRAVANTHI, AGp FOR REVENUE 9g15:l for the Respondent No.3 : SRt FARHAN AZAM KHAN, SC FoR WAQF BOARD The Court at the stage of admission made the following ORDER ,,F Iw \ ,t/ -,, THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2L35O of 2025 ORDER: Heard Sri Kongala Mohan Goud', learned counsel for the petitioners and Ms. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appeaflng for the respondent Nos.l & 2 and' Sri Farhan AzamKhan' learned Standing Counsel for Waqf Board' With their consent, this writ petition is disposed oi at the stage of admission itself. 2, Aggrieved by the action of the respondent No 2 in not receiving, registering and releasing the sale deed presented by the petitioners on 19'07'2025, in respect of House bearing No. 45-25714, Old'No'45-23ll20' on Plot No'20' admeasuring 266 Sq-yards or 223 Sq'meters' in Survey Nos.591,596&5gT,situatedatUpperguda'Shirdifiagar' Moula-Ali, covered under Block No'45, within the limits of Greater Hyderabad Municipal Corporation' Malkajgiri Mandal, Medchal-Malkajgiri District, on the ground that the I i i I l I i I : l j I I .) sL, J wP_21350-202s lands in Survey Nos.591, 596 & 597 of Matkajgiri are in prohibited list of properties pursuant to the instructions of the respondent No.3_Institution, the petitioners filed the present writ petition.

3. Learned Assistant Government pleader for Stamps and Registration .submits that without presenting the subject document, the petitioners have approached this Court seeking registration of the said document. If the petitioners present the same before the Registering authority, the respondents will receive the same and follow the procedure as contempiated under Section 71 of the Registration Act, 190g (for short, ,the Act, 19Og). 4 The Section 71 of the Act, 190g, 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 shail 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 any person executing or claiming under the document, shall, I SK, J wP 21350 2025 without payment and unnecessary deiay' give him a copy of the reasons so recorded' (2) No registering officer shall accept for registratron a document so endorsed unless and until, under the provisions hereinafler contained, the document is directed to be registered. S.InviewoftheabovemadeSubmissionsCoupledwith the provision under Section 71 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' lg08aswellastheIndianStampAct,l8gg.Itw.illbeopen to the Registering Authorit5r to refuse the documents 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 clearthatthisCourthasnotexpressedanyopinionon merits of the case as to the entitlement of the petitioners to get the subject document registered' There sha1l be no order as to costs. 4 s7(, J wP 21350 202.5 Miscellaneous petitions, if any, pending in this writ 6 .t petition shall stand closed. //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR sEcTtoN oFFtcER District. Hyderabad. Telangana Secretariat, State Of Telanqana at l-ivderabad.

1. The Principal Secretary, Revenue Department (Stamps and Registration), 2. ]fe Sub Registrar, Sub Registrar Office, frlatkalgiri, Medchat_Malkajgiri 3. The Chief Executive Officer, Telangana Waqf Board, Huz House, Nampally, 4. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 5. One CC to SRI KONGALA !4OHAN GOUD, Advocate [OpUC] 6, One CC to SRI FARHAN AZAM KHAN, SC FoR WAQF BoAiTD, Advocate 7. Two CD Copies Hyderabad. [OUTI (oPUC) To SA BS s I I I I i : I I ? J (J t .tIlL $14 rc- R o( 0 5 lu8 216 C ST)ATCHEO HIGH COURT DATED:2310il202s ORDER WP.No.21350 of 2O2S DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. c9*.' ,,%,