Vadla Radha tr,4ani v. r The State of Telangana

PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe 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 4 No.2, in not receiving, registering and releasing the subject Sale Deed presented in respect of the Residential House bearing No 25- 4Ot78A, PTIN 1 170604024' Old H No 25-40/78 and 45-132178' on plot No.78lpart, in Survey Nos'546 to 549' 551 8E' 573' admeasuring 166'54 Sq' yards or 1 39.23 Sq. mtrs, consisting of Ground Floor with built-up area of 816 Sq' feet of R.C.C. Roof, bounded by compound wall on all the sides' situated at Anantha Saraswathi Nagar, Malkajgiri' Medchal- Malkajgiri District' is illegal' arbitrary and contrary to provisions of law and violation of Article 300-A of the Constitution of lndia, and consequently direct the Respondent No 2 to receive' process, register and release the subject Sale Deed/ any other deeds that may be .} €- ;-7/ .// presented by the petitioner in respect of the Residentiar House bearing No_25- 4o/78A, PTtN 1170604024, ord H.zs-4ot7' and 45-132178, on prot No.78lpart, in Survey Nos.546 549, 551 and 573, admeasuring 166.54 Sq. yards or 139.23 Sq. mtrs, sisting of Ground Floor with built_up area of g 16 Sq. feet of R.C.C. f, bounded by compound wa, on a, the sides, situated at Anantha Saraswathi Nagar, Malkajgiri, Medchar- Markajgiri District, without resisting No-objection Certificate (NOC) from the Respondent No.3. l.A.NO:1 oF 2025 Petition Under section 'r 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No.2 forthwith to receive, process, register and rerease the subject sare Deed/ any other deeds presented by the petitioner in respect of the Residential House bearing No.25- 40/784, FyrN 11T0604024, ord H. No. 25_ 40178 and 45-132178, on plot No.78/part, rn Survey Nos.546 to 549, 551 86 573, admeasuring r66.54 sq. yards or 139.23 Sq. mtrs, consisting of Ground Floor with buirt-up area of 816 sq. feet of R.c.c. Roof, bounded by compound wa, on all the sides, situated at Anantha Saraswathi Nagar, l"4alkajgiri, Medchal_ tMalkajgiri District, without insisting No-objection certificate (Noc) from the Respondent No 3, pending disposar of the writ petition in the interest of justice Counsel for the petitioner : SRI SUBBA RAO VADREVU cou.nsel.for the Respondent Nos.1 & 2 : sMT s.SRAVANTHI. AGp FoR REVENUE 9gyL._9ll9r-t!e Respondent No.3 : sRt FARHAN AZAM KHAN, LEARNED STANDING COUNSEL FOR THE TELANCAN; iiAic WATT BOARD The Court at the stage of admission made the following ORDER ,/ ,|,I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITIO N No. 2364A of 2o25 ORDER: Heard Sri Subba Rao Vad.relu, learned counsel for the petitioner and Smt. S'sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azarn Khar- learned Standing Counsel for the Telangana State Wakf Board appearing for the respondents and penlsed the material on record' With their consent' this writ petition is disposecl of at the stage of admission'

2. Aggrieved by the action of the Respondent No'2 in not receiving, registering and releasing the subject Sale Deed presented in respect of the Residential House bearing No.25-4O 178A, PTIN No. 1 17O604O24, Old H'No'25-40/78 and 45-132/78, on plot No'78/part in the land admeasuring 166.54 Square yards or 139'23 Square meters situated in Survey Nos.546 to 549,551 and 573' consisting of Ground Floor with built-up area of 816 Square feet of R.C.C. Roof, bounded by compound wall on all the sides' 2 situated at Anantha Saraswathi Nergar, Malkajgiri, Medchal- Markajgiri District, the petitioner-Iiled the present writ petition

3. Learned Assistant Government pleader for Stamps and Registration submits that wirhout presenting the subject clocument, the petitioner has approached this Court seeking registration of the said document. If the petitioner presents the same before the Registering authority, the respondents rnill receive the same and foilow the procedure as contempiated under Section 7i of the Registration Act, 19Og (for short, .the Act, 1lrOg1 4 Section 71 of the Act, 1908, reads as follows: Reasons lor refusal lo regisler to be rccord,,d._ (1) Every Sub-Registrar relusing to r.cgister a document, except on the ground that the p.op..tv 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, anci endorse the words ,.registration refused,, on the document; and, on application made by any persol-l executing or claiming under Lhe document, shall, l I i I /: ,l: 3 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 Provlslon under Section 71 of the Act, 19O8' this writ Petltlon 1S disposed of directing the Registering Authority to receive, register and release the subject documentthatmaybepresentedbythepetitioner 1n 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 beforehim,ifhehasanyobjection,bydulyassrgnlng in support of such decision and communicate the reasons 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 There shall be no order as to costs' documents registered ' Ii a l i To SA GJP 4

6. Miscellaneous petitions, writ petition shall stand closed. if any, pending in this //TRUE COPY// SD/.P. PONNA KRISHNA T REGISTRAR ASSI CTION OFFICER Hyderabad. r elangana at Hyderabad.

1. The Principal S.ecretary, (Stamps and Registration), Secretariat, State of ? I|," 9y9-RSgistrar, Matkajgiri, IVledchat Matkajgiri District 3. The Chief Executive Officei, Telangana Wakf Hoard, Huz House, Nampally, 4. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 5. One CC to SRI SUBBA RAO VADREVU, Advocate [OPUC] 6, ONC CC tO SRI FARHAN AZAM KHAN, LEARNED STNruO]ruC COUNSEL FOR THE TELANGANA STATE WAKF BOARD, Advocare (OPUC)- - -- 7. Two CD Copies Hyderabad. [OUT] l i HIGH COURT DATED:1210812025 i /==::=::- - .,-1;6.rrir sr,,i) i) 2 B AU0 205 (j \: ORDER WP.No.23648 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. gIt L8