1. Simoubath Mohd. Jaffer v. 1. The State of Telangana

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 a Writ or Writs more appropriately a Writ of Mandamus declaring the inaction of the Respondent No. 4 for not allotting the available date and time to present the document through website under section 5 of The Telangana Rights ln Land And Pattadar Pass Books Act,2020., agricultural land bearing Sy. No. 2/ (admeasuring an extend of Ac. 1-20.5 Gts) Sy. No. 15/ (admeasuring an extend of Ac.1-12.5 Gts) Sy. No. 121l (admeasuring an extend of Ac. 0.28 Gts) Sy. No 1221 (admeasuring an extend of Ac. 0-1 '1 Gts) Sy.No '134l (admeasuring an extend of Ac.0-30.5 Gts) Sy. No. 311/ (admeasuring an extend of Ac.1-00 Gts) Sy.No. 312l (admeasuring an extend of Ac.0-38.5 Gts) and Sy.No. 313/ (admeasuring an extend of Ac.1 -01 Gts) Total, admeasuring an extent of Ac. 7 .22 gts situated at Gudur Village, Bibinagar Mandal, Yadadri Bhongir District, is illegal, void and ultra virus and violation of Article 300-4 of the constitution of lndia and consequently set aside the same in the interest of justice and equity. lA NO: 1 OF 2022 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 pleased to direct the Respondent No.4 to receive and register the petitioners agricultural land bearing Sy. No. 2/ (admeasuring an extend of Ac. 1-20.5 Gts) Sy. No. 15/ (admeasuring an extend o'f Ac.1-12.5 Gts) Sy. No. 121l (admeasuring an extend of Ac. 0.28 Gts) Sy. No 1221 (admeasuring an extend of Ac. 0-11 Gts) Sy.No 134/ (admeasuring an extend of Ac.0-30.5 Gts) Sy. No. 31'1l (admeasuring an extend of Ac.1-00 Gts) Sy.No. 312l (admeasuring an extend of Ac.0-38.5 Gts) and Sy.No. 313/ (admeasuring an extend of Ac.1-01 Gts) Total, admeasuring an extent of Ac. 7.22 gts situated at Gudur Village, Bibinagar Mandal, Yadadri Bhongir District pending disposal of the writ petition in the interest of justice and equity. Counsel for the Petitioners: SRI MD ABDUL MATEEN QURESHI Counsel forthe Respondent Nos.1 to 4: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.S: SRI FARHAN AZAM KAHN, SC The Court made the following: ORDER ry-.Y a THE HONOURABLE SRI JUSTICD K.SARATH WRIT PETITION No.3388O of 2022 ORDER: Heard learned counsel for the petitioners, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.l to 4 and Sri Farhan Azam Khan, learned Standing Counsel for the respondent No.5. With their consent, this writ petition is disposed of at thc stage of admission

2. Aggrieved by thc action o[ the respondent No.4 in not allotting the available date and time to present the document through rn ebsite under Section 5 of the Telangana Rights 1n Lald and Pattadar Passbooks Act, 2O2O in respect of the agricultural lands admeasuring to an extent of Ac. l-2O.5 gts 1n Sy.No.2, Ac. 1-12.5 gts Sy.No. 15, Ac.0-28 gts ln Sy.No.121, Ac.0.11 gts Sy.No.122 Ac.O-30.5 gts 1n Sy.No. 134, Ac.1-OO gts 1n 1n 1n Sy.No.311, Ac.0-38.5 gts in Sy.No.312 aod Ac. 1-01 gts in Sy.No.313 total admeasuring to an extent of Ac.7.22 gts 2 SK,.J WI'] No.3.1880 of 2 O22 situated at Gudur Village, Bibinagar Mandal, yadadri Bhongir District, the petitioners liled the present writ petlt1on.

3. Learned Assistant Government Pleadr:r for Stamps and Registration submits that without presenting the document, the petitioners have approachr:d this Court seeking registration of the document. If the petitioners present the same before the Registering authority, the respondents u,ill receive the same and follou, due procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908').

4. The Section 71 of the Act, 1908, reads as follou,s Reasons for refusal to register to be recorde<I. (1) Iivery Sub-Registrar refusing Lo rcgistt:r a document, except on the ground that the property to which it relates is not situated within l-ris sub district shall make an order of refusal and recordcd his rcasons for such order in his Book No.2, and endorse the words "registration refused" on thc document; and, on application made by any persol'r executing or clarming under the documen [, shall, I l w t 3 SK, J WP No.3388O of 2022 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 endorscd unless and until, under the provisions hereinafter contained, the document is directed to bc registercd. t I

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subjcct document, subject to the petitioners complying with the provisions of the Act, 19OB as well as the 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 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 shall be no order as to costs. 1 SK, J WP No 33880 ot i2O22 .,*

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SDIK. SREE RAMA MURTHY RE 9!9]BAB ON OFFICER

1. The Principle Secretary, The State of Telangana, Revenue Department, Secretariat, Saifabad, Hyderabad.

2. The Inspector General of Stamps and Registration, State of Telangana, Office at Mozamjahi Market, N.S. Road, Hyderabad, T.S.

3. The Sub Registrar, Registration and Stamps, Bibinagar Office, at Bibinagar, Yadadgiri, Bhongir District. T.S.

4. The Tahsildar,, BiBi Nagar Mandal, Yadadri District, Previously Nalgonda District, T.S. The Telangana State Wakf Board, Hyderabad, T.S.

5. The Chief Executive Officer, Haj Houe Building, Razzak Manzil, Nampally, 6. One CC to Sri MD. Abdul Mateen Qureshi, Advocate IOPUC] 7. Two CCs to GP for Stamps And Registration, High Court for the State of Telangana, at Hyderabad [OUT]

8. One CC to Sri Farhan Azam Khan, SC[OPUC] 9. Two CD Copies To, TJ BS t I HIGH COURT DATED:1710412025 ORDER WP.No.33880 of 2022 1 trb- STAr c 3 0 APB 2025 Z a i ')tii,ai ("' * DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,// ,6 5o /zz ,/y 4