Lalith tvlohan Bhuriwale v. 1. The State of Telangana

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the writ petition, the High court may be preased to direct the respondents No.2 and 3 Registering authorities to entertain and register the sale deed that may be presented by the petitioner in respect of plot No.3.l admeasuring r83 sq.yards or 152.gB sq.rVltrs-, in Survey No.151/A (as per rayout survey No"l51), situated at Boduppar Virage and IVlunicipar corporation, Medipary Mandar, Medchar-Markajgiri District without reference to the waqf Gazette Notification dated g-2-198g at sr.No.2743 in sy.No.15.r and rerease the registered sale deed, pending disposal of the above writ petition, in the interest of justice. Counsel for the petitioner : SRI G.ARUN KUMAR Counsel for the Resoondent Nos.1 to 3 : SMT S.SRAVANTHI, AGp FOR STAMPS AND REGISTRATIONS 9lyS:Lt"f ltte Respondent No.4 : SRt FARHAN AZAM KHAN, STANDING COUNSEL FOR WAQF BOARD The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE K'SARATH WRIT PETITION No.224 88of 2025 oRDER: Heard Sri G.Arun Kumar, learned counsel for the petitioner and Smt' S'sravanthi' learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos l to 3 and Sri Farhan Azarr:' Kha:;r' learned Standing Counsel lor Waqf Board appearing for respondent No.4. With their consent' this writ petition is disposed of at the stage of admission itself'

2. Aggrieved by the action of the respondents in not receiving and registering the sale deed that may be prcsented by the petitioner in respect of Plot No'31' admeasuringl83Sq.YardsinSy.,No.15l/A(asperlayout Sy.No. 151) situated at Boduppal Village and Municipal Corporation, Medipally Mandal' Medchal-Malkajgiri District, without reference to the Waqf Gazette Notihcation t datedO9.O2.1989atS1.No.2743inSy.No.151,thepetitioner Iiled the Present writ Petition o ,l

3. Learned Assistant Government pleadcr for Stamps and Registration submits that without presenting the subject document, the petitioner has approached this Court seeking registration of the said document. I1' the petitioner presents the same before the Registering authority, the respondents will receive the same and follor,r, the proceclure as contemplated under Section 71 1908 (for short, the Act, 1908J. of the Rcgistration Act, 4 Section 71 of the Act, 190g, reads as follows: Reasons for refusal to register to be recorded._ (1) Every Sub_Registrar relusing to register a document, except on the ground that the 0.,,0..,..,o which it relates is not situated u ithin his sub district shall make an order of refuszrl and rccorcled 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 pcrson executing or claiming under the documcnt, shall, without payinent and unnecessary de lay, give him a copy of the reasons so recorded. (2) No registering officer shall accept lor registration a document so endorsed unless and until, under the provtsions hereinafter contained, thc documcnt directed to be registered. 1S In view of the above made submissions coupled with 5. 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 documents that in respect of the subject may be Presented bY the Petitioner property, 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 Rcgistering Authority to refuse the documents presented belore 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 rnerits of the case as to the entitlement of the petitioner to get the subject documents registered. There shall be no order as to costs'

6.MiscellaneousPetitions,ifany,pendinginthiswrit petition shall stand closed. //TRUE COPY// SD/- L. VIJAYA LAXMI ASS-ISTANT REGISTRAR SECTI OFFIC ER Res istratio n ) Depa rtm e nt' to,, . .n" Princi Pa I s ecreti?rT;Iil'rl [-..tJfiI3HJt Secretariat, State oI ? The District Registrai' . Y#slt;l-';;lH: lLffi : -St''i.tpt rSnd and Registratron Department' Iriledchal- Reg istratio n' U pp a r' Med char- M a I kaig i ri District. rocY tr' Telangana State waqf Board.' Haj House, The Chief Executive Office Nampally, Hyderabad. Iwo CCs to Gp FOR STAMPS AN.q REG|STRAT|ONS, High Courr for the 3'fi"'% HfiYflflaffifl:resr t-oui-'"' "-''\J' d# a il B[i FAffi.,xIJxyxfliffil::TiftoJH8rcouNsEl Two CD Copies ' FoR wAeF 4 6 7. B SA GJP I HIGH COURT DATED:31107t2025 ORDER WP.No.22488 of 2O2S I I c i-) nL S 7 1eo ( k o. 21 AUB 205 t ol's i 'l iltl| '. r\ ,| DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. Ld< \