S. Usha v. The State of Telangana

Petition under Article 226 ot the 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 declaring the action of the 3 rd respondent in refusing to receive, register and release the sale deed in respect of part of house bearing no. 29-14401JK154 part, part of plot no. 54, admeasuring 167 Sq.yr,ds (out of 250 Sq.yrds) in Sy.NO. 289,290, situated at J.K Colony, Neredmet, Malkajgiri, under Malkajgiri Circle and Mandal, within the limits of GHMC, Medchal Malkajgiri District, as illegal, arbitrary, against the provisions of Registration Act and against the settled principles of law and consequently direct the 3 respondent to receive, register and release the Sale Deed in respect of part of house bearing no. 29- 14401JK154 part, part of plot no. 54, admeasuring 167 Sq.yrds (out of 250 Sq.yrds) in Sy,NO. 289,290, situated at J.K Colony, Neredmet, Malkajgiri, under Malkajgiri circle and Mandal, within the limits of GHMC, IVIedchal lVlalkajgiri District, in the interest of Justice' IA NO :1 oF 2024 petition under section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Higrh court may be pleased To direct the 3'respondent tq forthwith receive, register and release the Sale Deed in respect of part of frouse bearing no. 29- 14401JK154 part, part of plot no. 54' admeasuring 167 Sq yrds (out of 250 sq.yrds) in sy.No. 289,290, situated at J.K colony, Neredmet, ![alkalgiri. under tvlalkajgiri circle and Mandal, within the limits of GlllVlc, Medchal Malkaigiri District, in the interest of Justice, pending disposal of main Writ Petitign. Counsel for the Petitioner : SRI S'SURENDER REDDY counsel for thq Respondents No,1to3 : ASST.GP FOR STAMPS & REGISTiTATION Counsel for the Respondent No,3: SRI FARHAN AZAM KHAN' SC FOR WAKF The Court made the following: ORDER 1 THE HONOURABLE SRI JUSTICE K.SARATH MIT PETITION No.21996 of 2024 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 3. With their consent, this writ petition is disposed of at the stage of admission

2. Aggrieved by the action of the respondent No.3 herein in not receiving and processing the documents for registration in respect of part of house bearing No.29- |44O/JK/54 part, part of plot No.54, admeasuring 167 Sq.yrds (out of 250 Sq.yrds) in Sy No.289, 290, situated at J.K Colony, Neredmet, Malkajgiri, under Malkajgiri Circle and Mandal, within the limits of GHMC, Medchal Malkajgiri District, the petitioner filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner I 2 SKJ WP No.21996 of 2024 presents the same before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, l9O8 (for short, the Act, 1908).

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- ( i ) 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 shal1 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, without pal,,rnent and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, 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 7t of the Act, i908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject 3 SK, J WP No.21996 of 2O24 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 if he has any objection, by duly assigning reasons in support of such decision and presented before him, 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. Miscellaleous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY/' SD/- P. PADMANABHA REP?I DEPUTY RFGISTRAR ,ecrroJbrrrcen To, The Secretary, Revenue (Stamps and Registration) Department' Secretariat' sia-te oi ietangana' HYderabad The District Registrar' Medchal Malkajgiri District' The Sub -Registrar, Malkajgiri' Medchal Malkaigiri District' TheChairman,TelanganaStateWakfBoard,Nampally,Hyderabad One CQ to SRI S SURENDER REDDY' Advocate' [OPUC] rwo CCs to GP FOB STAMPS AND REGISTRATION' High Court for the State of Telaogana. [OUT] One Ce to SRI FARHAN AZAM KHAN' SC FORWAKF BOARD IOPUCI Two CD CoPies' 1 Z, J 4 5 6 7 8 BSK SS {pfl HIGH COURT DATED:0110512025 i Ei- ,14 -$ s* <a -1., ,t o t! ,(, C) l, iI t, ORDER WP.No.21996 of 2024 Vloc) ,., DISPOSING OF THE WRIT PETITION WITHOUT COSTS