lv1/s. Janachaitanya Housing (P) Limited v. 1. The State of Telangana

Counsel for the Petitioner : SRI M.DAMODAR REDDY Counsel for the Respondent Nos.1 to 4 : SMT S.SRAVANTHI, AGP FOR STAMPS AND REGISTRATIONS Counsel for the Respondent No.s : SRI FARHAN AZAM KllAN, SC FOR WAQF BOARD The Court at the stage of admission made the following CTRDER THE HONOURABLE SRI JUSTICE K.SARATH /,. WRIT PETITION No.23113 of 2025 ORDER: Heard Sri M.Damodar Reddy, learned counsel for the petitioner and Smt S.Sravant-hi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4 and Sri Farhan Azarn Kinan, learned Standing Counsel for Waqf Board appearing for respondent No.5. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the respondents in rrot accepting the Sale Deed in respect of the Plot No.l35 admeasuring i41 Sq. Yards in Survey No.223 at Manikonda Jagir Village, Gandipet Mandal, (formerly Rajendranagar Mandal), Ranga Reddy District, the petitioner filed the present writ petition

3. Learned Assistant Government Pleader for Stamps and Registration submits that w'ithout presenting the subject document, the petitioner has approached this Court seeking registration of the said document. If the petitioner 2 presents the same before the Registerir g authority, the respondents will receive the same and fol.tr,w the procedure as contempiated under Section 7l of the Registration Act, 1908 (for short, the Act, 1908J.

4. Section 71 of the Act, 190g, reads as l'ollows: Reasons for refusal to register to be recot-ded.- ( 1) trvery Sub-Registrar relusing t,:r register a document, except on the ground that thr: property to which it relates is not situated wit:r n his sub_ district shall makc an order of refusal a td recorded his reasons for such order in his Bool. No.2, and endorse the words "rcgistration refusr:d,, on the document; and, on application made by any person executing or claiming unde r lhe docr-r:-nent, shall, without payment and unnecessary dela,y give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and unr_i., under the provisions hereinaftcr containcd, the ,l tcument is directed to be registered. 5 In view of the aforesaid submissions coupled with the provision under Section 7L of the Act, 19Og, this writ petition is disposed of directing the Registr:r.ing Authority to receive, register and release the subject doc rment that may 3 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 Authorit5r 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 documents registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/- A.H.S. GOWRI SHANKAR ISTANT REGISTRAR //TRUE COPY// S N OFFICER stration) Department, To

1. The Principal Secretary, Revenue (Stamps and Secretariat, State of Telangana at Hyderabad.

2. The lnspector General. Stamps and Registration, Government of Telangana, Hyderabad-

3. The District Registrar, Ranga Reddy District, Hyderabad. 4. The Sub Registrar, Serilingampally, Rajendrangar, R.R. District. 5. The Chief Executive Officer, Telangana State Wakf Board., Haj House, Razzak lvlanzil Nampally, Hyderabad.

6. Two CCs to GP FOR STAMPS AND REGISTRATIONS, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI IV.DAMODAR REDDY, Advocate IOPUCI 8. One CC to SRI FARHAN AZAM KHAN, SC FOR WAQF BOARD, Advocate loPUCl

9. Two CD Copies SA GJP^ s u>. \ t \\ -..\\ ,:r' \\ i, 2$ l:ir lffi -' a '-:, :)' HIGH COURT DATED:0610812025 ORDER WP.No.23113 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. (,