High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ or direction preferably writ of Mandamus, 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- s2l6t3l1A, PTI No. 1170867812, on prot No. 8, in sy. No. 342, admeasuring 205.00 Sq. Yrds. or 171.38 sq. I\,4trs., with a buirt up area of 2700 Sq. Ft - Ground Froor 800 sq. Ft. plus First Floor 800 Sq. Ft. plus second Floor 800 Sq. Ft. plus Third Floor 300 Sq. Ft., RCC Roof, situated at Ganesh Nagar, Old Safilguda, under G.H.tv.c., N/alkajgiri circle and [\rlandal, Medchal-lv'latkajgiri District, is illegar, arbitrary and contrary to provisions of law and violation of Article 300-A of the constitution of lndia, and consequenfly direct the Respondent No_2 to recerve, process, register and Sale Deed/any other deeds that may be presented by the petitioner in respect of Residential House bearing No. 30-52/6/3/i A, pI No. 1170867812, on Plot No. 8, in Sy. No. 342, admeasuring 205.00 Sq. Yrds. or 171 .38 Sq. Mtrs., with a built up area of 2700 Sq. Ft - Ground Floor 800 Sq. Ft' plus First Floor BO0 Sq. Ft. plus Second Floor 800 Sq. Ft. plus Third Floor 300 Sq. Ft., RCC Roof, situated at Ganesh Nagar, Old Safilguda, under G H.[V.C., Malkajgiri circle and IVandal, tr/ed cha l-l\4a lka jg iri District, without insisting No- objection Certificate NOC from the Respondent No.3. lA NO: 1 OF 2025 Petition under Section 1 51 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 Respondent No.2 forthwith to receive, process, register and release the subject Sale Deed/ any other deeds presented by the petitioner in respect of Residential House bearing No. 30-52i6l3/1A, PTI No. 1170867812' on PIot No 8, in Sy. No. 342, admeasuring 205.00 Sq. Yrds. or 171.38 Sq. tVtrs., with a built up area of 2700 Sq. Ft - Ground Floor 800 Sq. Ft. plus First Floor 800 Sq. Ft. plus Second Floor 800 Sq Ft. plus Third Floor 300 Sq. Ft., RCC Roof, situated at Ganesh Nagar, Old Safilguda, under G.H.firl.C., tr4alkajgiri Circle and Mandal, Medchal-Malkajgiri 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 1 & 2: SMT.S.SRAVANTHI, ASST.GP FOR REVENUE Counsel forthe Respondent 3: SRl. FARHAN AZAM KHAN, SC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.229O6 of 2025 ORDER: Heard Ms. B.Jyothirmai, learned counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps ald Registration appearing for the respondent Nos. 1 and 2 and, Sri Farhan AzalnKhan, 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 the respondent No.2 in not receiving, registering and releasing the SaIe Deed presented in respect of residential house bearing No.3O_52/6 /3ltA, PII No.1170867812, on plot No.g in Sy.No.342, admeasuring 205.O0 Sq. yards, situated at Ganesh Nagar, Old Safilguda, ,under G.H.M.C., Malkajgiri Circle ald Mandal, Medchal-Malkajgiri District, the petitioner liled the present writ petition.

3. Learned Assistant Government pleader for Stamps and Registration submits that without presenting the ?) subject docr.rment, 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, 1908J.

4. Section 71 of the Act, 19O8, reads as follows: Reasons for refusal to register to bc recorded.- (1) Every Sub-Registrar relusing 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 document, shall, without payment and unnecessary delay, 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 provisions hereinafter contained, the document is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ 3 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 ttre 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 shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// S CTION OFFICER To, 1 The Principal Secretary (Stamps and Registration), Secretariat'State of Telangana, HYderabad. The Sub-Registrar, Ivlalkajgiri, I\,4edchal Malkajgiri District' 2 1 t l?3frli"ia:xecutive officer, Telansana wakf Board, Huz House, Nampaly,

4. One CC to Ms.BOBBALA JYOTH|RIVA|, Advocate. tOpUCl 5. One CC to SRT FARHAN AZAM KHAN, SC tOpUCl 6. Two CCs to Gp FOR ST,lUpS AND REG,STRAT,ON, High Court for the 7. Two CD Copies. State of Telangana. [OUT] BSK GJP 1 HIGH COURT DATED:0410812025 t o\r. 1HE s14 l(' 18 AIJB [M 't t Se4161tF.\1- $l' 2 .d' / I ORDER WP.No.22906 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS, U