✦ High Court of India · 06 Aug 2025

The High Court · 2025

Case Details High Court of India · 06 Aug 2025
Court
High Court of India
Decided
06 Aug 2025
Bench
Not available
Length
1,172 words

1. Smt. Kirmani Tahera Begum, W/o. K. Rahimthujani Aged about 74 yearc, Occ' Housewife, r/o. 30-64/5. Bharathnagar, Old Safilguda,-Hyderabad ^ yeals' Ilcc:.ts.usrness flo' 2. Kirmani lmthiyaz, S/o. K. Rahimtujani, Aged about - z-+, Srinlvasi Nagar Colony, Gatekesar, Medpally, Ranga Reddy District S. Xifi5ni Anf, eegt*, D/o. K. Rahimthujani, w/o. Nazeer Basha, aged about 52 - y;;.'j' o;. norie*iie, r/o. Flat No, 303, 4th floor, Sai Tirumala Homes, Netaji Nagar, Nellore, A.P. +. kirirjn nmeena Begum, D/o. K. Rahimthujanl w/9. Md.Abdul Toufeeq- Ahmed, aqed about 45 yeais, occ. Housewife, ri6. rtat No. 201,Sri Kishan Mansion, H-vdernaqar. Kukatpallv, Hvderabad. s. A6ioi (6iiCer, old. xl Rdrrimtnulani, w/o. Abdut Jabbar, aged about 43 years, O. kitmanif iyir Ahmed, S7o. k Ratrimt-nuiani,iged abo.ut 41 years, Occ. Business. r/o. 30-64/5, Bharathnagar, Old Safilguda, Hyderabad -52 , tt o. 3o-6it 5, Bharathnagar, OId Safi lguda, Hyderabad. AND ...PETITIONERS Registrations), Secretariat, Hyderabad. 'I . The State of Telangana, represented by its Principal Secretary (Stamps and 2. Thd Sub-Registrar, tvlalkajigiri, MlakajigirilMedchal Diskict. e. iil T;lr"gini Wat<f edaio, rep.ei-its Chief Executive officer, Huz House, Nampally, HYderabad. ...RESPONDENTS Petition under Artiele 226 of lhe constitution of lndia praying that in the circumstances stated in the qffidavit filed therewith, the High court may be pleased to issue a writ or order or direction more particularly in the nature writ of mandamus declare the in action of the Respondents 2nd not receiving the document presented by the petitioner for the Residential House Property bearing H.No.30-64/5, PTI No. 1170804784 consisting built up area in two floors i.e. Ground + First Floor each floor consisting of '1000 sft., on plot No. 31 to an extent of 208.00 sq.yards or 173.88 sq.mtrs in survey No.342 situated at Bharath Nagar, Old Safilguda, Malkjaigiri, within the timits of GHMC, under Matkajigiri c Malkajigiri-Medchal District is illegal, atbitrary and against to th and contrary rights guaranteed under 300 consequenfly direct the 2nd Respondent to e Deed to receive, to processes, to register and the petitioner without Respondent ircle and Mandal, e provisions of law -A of Constitutional of lndia and ntertain the registration of the Sale release the document presented by insisting no-objection certificate (NOC) from the 3.d lA NO: 1 oF 202s 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 preased to direct the Respondent No.2nd herein to consider documents fired by the petitioner herein pertaining to the Residentiar House property bearing H.No.30-64/5, prr No. 1170804784 consisting built up area in two froors i.e. Ground + First Froor each floor consisting of 1000 sft., on prot No. 31 to an extent of 20g.00 sq.yards or 173.88 sq.mtrs in survey No.342 situated at Bharath Nagar, Old Safilguda, Markjaigiri' within the rimits of GHMC, under Markajigiri circre and [\,andar, Malkajigiri-Medchar District within the rimits of GHMc, under Markajigiri circre and Mandal, Malkajigiri-Medchal District in favour of the vendee Counset for the petitioner: SRl. OANTU VENKATA RAMANA SARMA Counsel for the Respondent Nos. .t&2: Smt. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRt FARHAN AZAM KHAN, SC FOR WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTTCE K.SARATH . WRIT PETITION No.23137 of 2025 . ORDER: Heard Mr. D.V.Ramana Sarma, learned counsel for the petitioners and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 and 2 and Mr. Farhan Azam Khan, learned Standing Counsel for Wakf 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 the document presented by the petitioners for the Residentiat House Property bearing H.No.30-64/5, FrII No. 117O804784 consisting built up a-rea in two floors on plot No.31 to an extent of 208.00 Sq. Yards in Sy.No.342 situated at Bharath Nagar, Old Safilguda, Malkajgiri, under Malkajgiri circle and Mandal, Malkajgiri-Medchal District, the petitioners Iiled the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the I , -x subject document, the petitioners have approached this Court seeking registration of the said document. If the petitioners present the same before the Registering authority, the respondents will receive the same and follow the procedure AS contemplated under Section 7I of fne Registration Act, 19Og (for short, the Act, tgog). 4 Section Tl of the Act, 190g, reads as foilows: Reasons for refusal to register to bc recorded._ (1) Every Sub-R€gistrar 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 relusal and rccorded 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 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 aforesaid submissions coupled with the provision under Section Z7 of the Act, 190g, this writ - :--3''.9]--' -:.':34 ,rr;....--'-.,,i.aj 7 petition is disposed of directing the Registering Authorit5z to receive, register and release the subject document tJlat may be presented by the petitioners in respect of the subject property, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indial 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 petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered. There sha_[ be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// SD/. L. LAKSHM] BABU DEPUW REGISTRAR 6e, sEcillgi\l oFFICER To, Hyderabad. T.S.,Hyderabad.

1. The Princioal Secretary (Stamps and Registrations), Secretariat, ? Jlr" S^,lq-8"_Sistrar, Matkajigiri, Mtakajigiri/Medchat District. J. rne untet txecutive Officer, Telangana Wakf Board, Huz House, Nampally, 1. 9n" CC to SRt. DANTU_YENKATA RA|\4ANA SARMA, Advocate IOPUCI 5. rwo ccs to Gp FoR srAMpseruo neorbirfriiijNi:it;t;,h"iolin," st"t" ^ of Telangan_a at Hyderabad [OUT] 6. One CC to SRt. FARHAN AZAM KHAN, SC FOR WAKF BOARD tOpUCl 7. Two CD Copies BM PVL ' ,:i, HIGH COURT DATED:0610812025 ORDER WP.No.23137 ot 2025 ..1.--: ,..i,'" 6 2 2 AU8 2025 -i+ \.- 1\ , li \.",,n-,-,,-' DISPOSING OF THE WRIT PETITION WITHOUT COSTS p

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