The High Court · 2025

Petition under Artlcle 226 ot the Constitution of lndia praying that in the circumstances stated in the affidqvit filed therewith, the High Court may be pleased to issue a'Writ, Order or Direction more pa(icularly one in the nature of Writ of Mandamus'declaring the action of the 3rd respondent in refusing to receive, register and release lhe sale deed in respect of part, of plot no. 220, admeasuring 90 Sq.yrds in Sy.NO. 289,290,291 ,293,294,306 part and 309 part, situated at J.K Colony, Neredmet, Malkajgiri, under Malkajgiri Circle and [\/andal, 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 3rd respondent to receive, register and release the Sale Deed in respect of part of plot no. 220, admeasurrng 90 Sq.yrds in Sy.NO. 289,290,291 ,293,294, 306 part and 309 part, situated atJ K Colony, Neredmet, tt/alkajgiri, under Malkajgiri Circle and [i/andal, within the limits of GHIVC, Medchal Malkajgiri District in the interest of Justice. lA NO: 1 OF 2024 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 3rd resporldent lo forthwith receive, register and release the Sale Deed in respect of plot nA. 220, admeasuring 90 Sq.yrds in Sy NO 289, 290, 291, 293, 294, 306 part and 109 pprt, qituated at J.K Qolony, Ner:edmet, [\r'lalkajgiri, under Malkajgiri Circle and Mandal, within the limits of GHMC, Medchal Malkajgrrr District, in the interest of Justice, pgnding disposal of main Writ Petition. Counsel for the Petitioner : SRI S.SURENQER REEDY Counsel for the Rgspondents No.1to3 : AGP FOB STAMPS & REGISTRATION Counsel for the Respondent No.4: SRf FARHAN AZAM KHAN, SC FOR WAKF The Court made the follqwing: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRJT PE-TITION No.22O1L of 20.24 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps ald 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 plot No.22O, admeasuring 90 Sq.yrds in Sy No.289,29O, 291,293,294, 306 part and 309 part 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 Assistalt 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 \a \ 2 SK, J WP No.:22O11 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, i908 (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 properfy to which it rclates is not situated within his sub- district shall make an order of refusal and recorded his reasons lor such order in his Book No.2, and endorse the rvords "registration refused" on the document; and, on application made by any llerson executing or claiming under the document, shall, without payment and unnecessary deiay, give him a copy of the reasons so recorded. (2) No regislering ofhcer 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 w.ith the provision under Sectiorr 7l of the Act, 190g, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject 3 SK, J WP No.22O1 1 of 2O24 to the petitioner complying with the provisions of the Act, 1908 as well as the Indiarr Stamp Act, 1g99. 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 tfre 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. //rRUE coPY// SD/- P. PADMANABHA REDDY DEPUTY R9GISTRAR sEcrloJbFFlcER 1 The Secretary, Revenue (Stamps and Registration) Department Secretariat' State of Telangana, HYderabad'

2. The District Registrar, Medchal Malkajgiri District' 3. The Sub -Registrar, Malkajgiri, Medchal Malkajgiri District' 4 The Chairman' Telangana State Wakf $oard' Nampally' Hyderabad' 5. One CC to SRI S.SURENDER REDDY, Advocate IOPUC] 6Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the State of Telangana. [OUT] T One CC to QBI FARHAN AZAM KHAN, SC FOR WAKF BOARD IOPUCI 8. Two CD CoPigs BSK SS \ To HIGH COURT DATED:01 10512025 ,I l I of -I i:. L 4,n ?) s \ s* qO a) rl/ !"^ 'f -\i r-1 1;H * o". , ORDER WP.No.22011 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6l/