High Court · 2025

Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or writs more appropriatery a writ of Mandamus declaring the inaction of the Respondent No. 4 for not ailotting the avairabre date and time to present the document through website under section 5 of rhe Telangana Rights in Land And pattadar pass Books Act,2o2o., agricurturar rand bearing Sy. No. 2/ (admeasuring an extent of Ac 1_20.5 Gts) Sy. No. 15/ (admeasuring an extend of Ac1-12.s Gts) sy. No. 121l (admeasuring an extend of Ac 0.28 Gts) Sy. No 1221 (admeasuring an extend of Ac 0_ j.1 Gts) Sy.No 134l (admeasuring an extend of Ac0-30.5 Gts) Sy. No. 311/ (admeasuring an extend of Ac1-00 Gts) Sy.No. 312l (admeasuring an extend of Ac0_38.5 Gts) and Sy.No. 313/ (admeasuring an extend of Ac1-0'r Gts) Totar, admeasu.ng an extent of Ac. 7.22 gts situated at Gudur viilage. Bibinagar Mandar, yadadri Bhongir District, is illegal, void and urtra virus and vioration of Articre 300-4 of the constitution of lndia and consequenfly set aside the same in the interest of justice and equity. lA NO: 1 OF 2022 Petition under section 15r 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. 4 to receive and register the petitioners agricurturar land bearing Sy. No. 2/ (admeasuring an extend of Ac 1_20.5 Gts) Sy. No. .l 5/ (admeasuring an extend of Ac 1-12.s Gts) sy. No. 121l (admeasuring an extend of Ac 0.28 Gts) Sy. No 122r (admeasuring an extend of Ac 0-11 Gts) Sy.No 134/ (admeasuring an extend of Ac 0-30.5 Gts) sy. No. 31'rl (admeasuring an extend of Ac 1-00 Gts) Sy.No. 312l (admeasuring an extend of Ac 0_3g.5 Gts) and sy No. 313/ (admeasuring an extend of Ac 1-01 Gts) Totar, admeasuring an extent of Ac. 7.22 gts situated at Gudur Viilage, Bibinagar Mandar, yadadri Bhongir District pending disposal of the writ petition in the interest of justice and equity and to pass Counsel for the Petitioner: SRI MD.ABDUL MATEEN QURESHI Counsel for the Respondent No.1 to 4: AGP FOR STAMPS & REGISTRATION Counsel forthe Respondent No.5: SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD The Court made the following: ORDER ,=,.-.f,7 / THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.33367 of 2022 ORDER: Heard learned counsel for the petitioners, learned Assistant Governmt:nt pleader for Stamps and Registration appearing lor the respondent Nos.l to 4 anti Sri Farhan Azam Khan, learned Standing Counsei for the respondent No.5. With their consent, this \/rit petition is disposed of at thc stage of admission. 2 Aggrieved by the action of the respondent No.4 in not allotting tl're available date and time to present the document through website under Sectron 5 of the Tclangana Rights in Lald and pattadar passbooks Act, 2O2O in respect of the agricultural lalds admeasuring to al extent of Ac. 1-20.5 gts Sy.No.2, A<:. i- I2.5 gts 1n 1n 1n Sy.No.121, Ac.O.11 grs in Sy.No.1.5, Ac.O-28 grs Sy.No. 122 Ac.O-30.5 grs in Sy.No. i34, Ac. l_OO gts Sy.No.311, Ac.O-38.5 gts in Sy.No.312 anct Ac.1_01 gts in Sy.No.313 total admeasuring to an extent of Ac.7.22 gts 1n 2 SK, J wP No.33al67 of 2 022 situated at Gudur Village, Bibinagar Mandal, Yadadri Bhongir District, the petitioners filed the present writ petition

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioners have approached this Court seeking registration of the document. If the petitioners present the same before the Registering authority, the respondents will receive the same and lollow due procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 19OB')

4. The Section 71 of the Act, 1908, reads as follows Reasons for refusal to register to bc recordcd.- (1) trvery 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 refuscd" on thc document; and, on application made by any person executing or claiming under the document, shall, -E I I I 3 SK, J WP No.33367 ol 2O22 without payment and unnecessary delay, give hlm a copy ol the reasons so recorded. (2) No registering ollicer shall accept for rcgistrirtton a clocument so endorsed unless and unt1l, Ltnder thc provisrons hereinafter contained, thc documcnt is directcd to be r(rgiste red. In view of the above made submissions coupled with

5. thc provision under Section 71 of the Act, 190u, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject documcnt, subject to thc peLitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It rvil1 be open to the Registering Authority to refuse the document prcsented bcfore him, if he has any objection, by duly assigrling rcasons 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 ttre petitioners to get the subject document registered. There shall be no order as to costs 4 SK, J WP No.33367 oi 2022

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/-P. CH. NAGABHUSHAMBA DEPUTY REGISTRAR //TRUE COPY// To, '1 . The Principle Secretary, Revenue Department, Hyderabad, State of Telangana. SECTION OFFICER Secretariat, Saifabad'

2. The lnspector General of Stamps and Registrqlio-n, State of Telangana' Oflice at Mozdmiahi Market' N.S. Road, Hyderabad, I S'

3.TheSubRegistrar,RegistrationandStampsBibinagarOfficeatBibinagar' Yadadgiri, Bhbngir District. T'S.,

4. The Tahsildar, BiBi Nagar Mandal, Yadadri District, previously Nalgonda District, T.S

5. The Chief Executive officer, Telangana State^ Wakf Board, Haj House - auitOing, Razzak Manzil, Nampally'Hyderabad T S'

6. One CC to SRI MD.ABDUL MATEEN QURESHI' Advocate [OPUC] 7. One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD [OPUC] 8'TwoCCstoGPFoRSTAMPSANDREG|STRAT|oN,HighCourtforthe State of Telangana at Hyderabad [OUT]

9. Two CD CoPies BSR BS M HIGH COURT DATED:1710412025 ,f \ t ORDER WP.No.33367 of 2022 t e f 3 * 1'1rE Sier(: (.( ( 2025 -'l;, ,.ir" ' t',... I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS fA 4 j \4 D ,h