The High Court · 2025

Rayavarapu Sri Hari Babu, S/o. Balakotaiah, Aged about 55 years, Occ Employee, Rl/o. 1 Derby Lane, Franklin, MA02038 USA, rep. by his GPA Holder R. Goverdhan Rao S/o. Balakotiah, aged about 57 years, Occ Employee, r/o. Flat No. 201, Plot No. 99 and 124, Siri Chamanathi Apartments, Bandar layout, Nizampet, Hyderabad - 500 090. ....,PETITIONER AND

1. The State of Telangana, Represented by its Principal Secretary (Stamps and Registrations), Secretariat, Hyderabad.

2. The Sub- Registrar, IValkajigiri, It4lakajigiri/lVedchal District. 3. The Telangana State Wakf Board, rep. By its Chief Executive Officer, Huz House, Nampally, Hyderabad. I .RESPONDENTS 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 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 Residentral property bearing Flat No. 9 (Nine), Municipal No.42- 748l1lV- 9 (PTl No. 1171OO2534), in First Floor, consisting of 859 Sft. , of super built up area, including balconies and common areas, in the residential Complex with the name and style of VEENUS constructed on Plot No. 15, at Premises No. 42- 3211115, together with undivided share of 1/36th equivalent to 20. 13 Sq. Yds., or 16. 82 Sq. It4trs., out of 725 Sq. Yds., in Survey Nos. 359/1 and 359i3, Situated at Sardar Patel Nagar, fizloula- Ali, / --: Ir/alkajgiri within the limits of Greater Hyderabad Municipal ( orporation, l\/alkajgiri Circle and [/landal, IVIedchal- Malkajgiri District is illegal, ar ritrary and against to the provisions of law and contrary rights guaranteed under 300 - A of Constitutional of lndia and consequently direct the 2nd Rer;pondent to entertain the registratjon of the sale deed, to receive, process, registe, and release the sale deed presented by the petitioner without insisting no- objec:ion certificate (NOC) from the 3rd Respondent. l.A.NO:1 OF 2025 Petition Unrier Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cour. may be pleased to direct the Respondent NO. 2nd herein to consider sale dee I documents filed by the petitioner herein pertaining to the Residential propert\,, bearing Flat No. g (Nine), l\,4unicipal No. 42- 748l1lV- 9 (PTt No. 1111002r34), in First Floor, consisting of 859 Sft. . of super built up area, including ba conies and common areas, in the residr-'ntial Complex with the name and style of ,/EENUS constructed on Plot No. 'l 5, at Premises No. 42- 3211115, together wiilr undivided share of 1/36th equivalentto 20. 13 Sq. Yds. ,or 16.82 Sq. Mtrs. ,ot.tof 725 Sq. yds. , in Survey Nos. 359,'1 and 359/3, Situated at Sardar Patel Nagar, I\,4oula- Ali, l\,4alkajgirr within the limits of Greater Hyderabad l\ilunicipal C rrporation, IValkajgiri Circle and [\,4andal. Medchal- lValkajgiri District in favour of m 7 vendee. Counsel for the Petitioner : SRI DANTU VENKATA RAMANA SARMA Counsel for the Respondents : SMT S.SRAVANTHI, AGP FC)R REVENUE The Court at the stage of admission made the following ORDER -,, THE HONOURABLE SRI JUSTICE K.SARATH lIIRIT PETITION No .252A7 of 2O25 ORDER: Heard Sri D.V.Ramana Sharma, learned counsel for the petitioner and Smt S.Sravanthi, learned Assistalt Government Pleader for Stamps and Registration appearing for the respondents. 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 petitioner for the Residential property bearing Flat No.9 (Nine), Municipal No.42-748/l/V-9 (PII No.1171002534) in,First Floor, consisting of 859 Sq. Feet, in the residential Complex "Veenus" constructed on plot No. 15 at premises No.42_ 32 / I I 15 in Survey Nos.359/ 1 and 3Sg 13 situated at Sardar Patel Nagar, Moula-Ali, Malkajgiri within the limits of Greater Hyderabad Municipal Corporation, Malkajgiri Circle and Mandal, Medcha_l- Malkajgiri District, the petitioner liled the present writ petition. 2

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner has approacired this Court seeking registration of the document. lf the petitioner presents the same before the Registering authority, the respondents will receive the same and folk,u. the procedure as conternplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 19O8).

4. The Section 71 of the Act, 19O8, reads as follows: lilcasons for refusal to register to be recor de d..- (t) [ivery Sub-Registrar refusing to register a document, except on the ground that thr: property to r,r,hicl-r. iL relates .is not situated within 'his sub- d istrict shall make an order of refusal a nd recorded h is reasons for such order in his Bool< No.2 , and endorse the words "registration refusecl" on thc document; and, on application made b1 any person executing or claiming under the docu nent, shail, v,ithoul payment and unnecessary delal , give him a copy of the reasons so recorded. (12) No registering officer sha1l accept for rcgistration a document so endorsed unless and unt l, under the p rovisions l-rereinafter contained, the r .ocument is d irectcd to be registered. 7 3

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 19O8 and on perusing the entire material on record, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, 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 before him, il he has any objection, by duly assigning reasons in support of such decision and communicate the said decisicn 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 document registered. There shall be no order as to costs

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed //TRUE GOPY// SDi.P. PONNA KRISHNA TANT REGISTRAR A ECTION OFFICER To SA Telangana at HYderabad.

1. The Principal Secretary, (Stamps and Registrations), Secretariat' State of z Tfre S"uO- Regisirar, Ivlalkajigiri, l\/lakajigirii [t/ledcha I District' 5. fn" Cf,Lf ei6cutive OfficerlTelangana State Wakf Board, Huz House, 4 T;; b-ci to'cp FoR REVENUE, High court for the State of Telangana at s iri,i,"bCi" s'nrber.rru vENKATA RAIMANA SARIMA, Advocate [OPUC] 6- Two CD CoPies Nampally, HYderabad. Hvderabad. [OUT] .€*:?-?.?...r:**---=.- | /. I HIGH COURT DATE D : 2 610812025 ORDER WP.No.25287 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.