High Court · 2025

THE HONOURABLE SRI JUSTICE K, SARATH WRIT PETITION NO: 22897 OF 2025 Between: G. Varalakshmi, W/o. G.V. Rami Reddy, Aged about 45 years, Occ. Housewife, H.No. 30-52/6/3/ 1A, Ganesh Nagar, Old Safilguda, R.K,Puram, IValka.igiri, Secunderabad-500056 AND 1 The State of Telangana, Represented by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad 2 The Sub-Registrar, N4alkajgiri, Ivledchal Malkajgiri District. The Telangana Wakf Board, Rep. by its Chief Executive Officer, Huz House, Nampally, Hyderabad ...PETITIONER ...RESPONDENTS Petition under Arlicle 226 of the Constitution of lndra praying that in the ci'rcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Wnt or direction preferably Writ of lvlandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the Sale Deed presented in respect of Residential House bearing No. 30-52/5/3/1, PTI No. 1170805699, on Plot No.9, in Sy. No. 342, admeasuring 162.00 Sq. Yrds. or 135.43 Sq. lvltrs., with a plinth area of 1600 Sq. Ft RCC Roof - Ground Floor 800 Sq. Ft. plus First Floor 800 Sq. Ft., situated at Old Safilguda, under G.H.M.C., t\/alkajgiri Circle and [/andal, IVedcha l-ltrla lkajgiri District, is illegal, arbrtrary 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 Sale Deed/any other deeds that may be presented by the petitioner in respect of Residential House bearing No. 30- 5215/311, PTI No. 1170805699, on Plot No.9, in Sy. No. 342, admeasuring 162.00 Sq. Yrds. or

135.43 Sq. Mtrs., with a plinth area of 1600 Sq. Ft RCC Roof - Ground Floor 800 Sq. Ft. plus First Floor 800 Sq. Ft., situated at Old Safilguda, under G.H.t\,4.C.' IValkajgiri Circle and I\,4andal, I\,4ed cha I-tvla Ikajg iri District, without insisting No- oblection 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 petjtion, the High Court may be pleased pleased to direct the Respondent No.2 forthwith to receive, process, register and release the subject Sale Deedi any other deeds presented by the petitioner in respect of Residential House bearing No. 30-52/5/3/1 , PTI No. 1170805699, on Plot No.9, in Sy. No.342, admeasuring 162.00 Sq. Yrds. or 135.43 Sq. lVtrs., with a plinth area of 1600 Sq. Ft RCC Roof-Ground Floor 800 Sq. Ft. + First Floor 800 Sq. Ft., situated at Old Safilguda, under G.H.lV.C., tvlalkajgiri Circle and Mandal, Itrledchal-lt/alka jg iri District, 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 : Ms.BOBBALA JYOTHIRMAI Counsel for the Respondents No,1&2 : Ms.S.SRAVANTHI, ASST. GP FOR STAMPS AND REGISTRATION 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 PETITION No.22897 of 2o25 ORDER: Heard Ms. Bobbala Jyothirmai, learned counsel for the petitioner and Smt. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 and 2 and Sri Farhan Azam Khern, learned Standing Counsel for Waqf Board appearing for respondent No.3. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of respondent No.2 in not receiving, registering ald releasing the Sale Deed executed by the petitioner in respect of Residential House bearing No.3O-52l5/311, WI No.11'20805699, on Plot No.9 in Sy.No.342, admeasuring 162.OO Sq. Yards, situated at Old Safilguda, under G.H.M.C., Malkajgiri Circle and Mandal, Medchal-Ma-lkajgiri District, the petitioner Iiled the present writ petition.

3. Learned Assistant Government Pleader for Starnps and Registration submits that without presenting the - subject document, the petitioner has approached this Court seeking registration of the said document. If the petitioner 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. 1908 (for short, .the Act, 19OB). 4 Section 77 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 shall 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 clocument, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No reglstering officer shall accept for rcgistration 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 7I of the Act, 1908, this writ Y petition is disposed of directing the Registering Authority to receive, register and release the subject document that may be presented by the petitioner in respect of the subject 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 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 the petitioner to get the subject document registered. There sha-ll be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/- A.V.S.PRASAD DEPUTY REGISTRAR //TRUE COPY// SECTlON OFFICER To, '1. The Principal Secretary (Stamps and Registratlon), Secretariat, State of Telangana, Hyderabad

2. The Sub-Registrar, t\,,1a1 kalgi ri, Med cha I I\,4a lkajgiri District. 3. The Chief Executive Officer, Telangana Wakf Board, Huz House, Nampally, Hyderabad

4. One CC to MS.BOBBALA JYOTHIRMAI, Advocate. [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for th'e State of Telangana. [OUT]

6. One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD. [OPUC] 7. Two CD Copies. BSK W- HIGH COURT DATED:0410812025 o( R THE s t1 {. 10 llUE 2W t\ narcH ORDER WP.No.22897 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \8 lai, 18