The High Court · 2025

THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITIO N NO:25900 0F 2025 Between: 1 . Maria Selva Sheela. w/o.. Housewife, rto. sobaiEAIBA,' -t'iail-"cbr."'v," Hyderabad - 56. . garvani Bapu, Aged about 59 years, Occ. nnan?oagh, 'fr;'ii

2. Sarvani Maria Jvothi _D/o.Sarvani Bapu, Aged about 34 years, Occ. ^ Housewife, crc. a-2s_zzt g,rG; NaGI Ni_X.,iiro. Nizamabad Disrricr. 3 Sarvani Maria Jhansi _DJogarr;;i-E;;;,-ft;i about 32 years, occ. - r'ie[-'dbnilr]" nnano'oagh' r;;ri",,"s;; 4. Sarvani Ravi Kiran. S/o._ D/o.sarvani Bapu, Aoed about 29 years, Occ. - iil;vY' nn,nou,lr,,' "n r',ii,ir"g;, ffJ::l[:? Ji: so$aisit tBA, flffJiJfja #. sdan EArBi'- NBi{ "J,ys"i;; AND ...PETITIONERS

1. The State of Telanoana, represented by its pnncipal Secretary (Stamps and ^ Begistrationsl, secritariit, riya;;;b;;-' 5iffi rrv I rrrrvrv< .1i?;ffiffi,;1h$.:y#bJx,,t,l:n;:,H,"1.J3,eJ?,'t,,;"*,,eof f cerHuz ...RESPONDENTS Petition under Articre 226 ot rhe cons{itution of rndia praying that in the circumstances stated in tfie affidavit fired therewith. the High court may be pleased to issue a writ or order or direction more partacurarry in the nature writ of mandamus decrare the in action of the Respondents 2nd not receiving the document presented by the petitioner for the residentiar property bearing No 30- 6471514,'A, NBH Colony, Anandbagh, Near Banda Cheruvu, Ramakrrshna Puram, Residentiar house on prot Nos. 'r2 and 13 to an extent of 110.00 sq.yards or 91 96 sq.mtrs in survey Nos.466,,167,468,469, NBH Colony, Anand Bagh, Near Bandla Cheruvu, Malkajigiri, under GHMC, Matkajigiri circle and Mandat, Malakajigiri+nedchar District is ilegar, arbitrary and agaanst to the provisions of law and contrary rights guaranteed under 300 -A of constitutional of lndia and consequently direct the 2nd Respondent to entertain fl-e registration of the sale deed, to receive, process, register and release the sa e deed presented by the petitioner without insisting no-objection certificate (Noc) from the 3rd Respondent lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High lourt may be pleased to direct the Respondent No.2nd herein to consider documents filed by the petitioner herein pertaining to the residential property bearing bearing No. 30- 647l5l4lBA, NBH corony, Anandbagh, Near Banda oheruvu, Ramakrrshna Puram, Residential house on prot Nos. 12 and 13 to an extent of 110.00 sq.yards or 91.96 sq.mtrs in survey Nos.466,467,46g,469, NBH Colony, Anand Bagh, Near Bandla cheruvu, Markajigiri, under GHMC, Marka. igiri circre and Mandar, Malakajigiri-medchal District in favour of Vendee Counsel for the Petitioner: SRl. OANTU VENKATA RAMANA SARMA Counsel for the Respondent Nos. 1&2: Smt. S. SRAVANTHI, AGP FOR STAMPIS AND REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR WA,KF BOARD The Court made the following: ORDER + * t * t .f + 'i * I * * * f ( * ( 1a * a i l 1 I I i l l i I I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PEf,ITION No.2 59OO of2025 ORDER: Heard learned counsel for ttre petitioners and Smt S.Sravanttri, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azam Khan' learned Standing Counsel for the Telangana State Wakf Board appearing for the respondents and perused the materiaL on record. with their consent, this writ petition ts disposed of at the stage of admission'

2. Aggrieved by the action of the respondent No'2 herein in not receiving the document presented by the petitioners lor the residential property bearing No'30-647/5l4lBA' NBH Colony, Anandbagh, Near Banda Cheruvu' Ramakrishna Puram, residential house on Plot Nos'12 and 13 to an extent of 11O.0O square yards or 91'96 square meters in Sy.Nos.466, 467, 468, 469, NBH Colony' Anandbagh, Near Banda Cheruvu, Malkajgiri' under GHMC Malkajgiri circle and Mandal, Malkajgiri-Medchal District' the petitioners fi.led the present writ petition' ..--? \ 2 SK, J E'. P. li[o. 2 S9O O ol 2 02 s

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 ttre petitioners present the same before the Registering authority, the respondents will receive the same and follrrw the procedure as contemplated under Section 7l of the Registration Act, 1908 (for short, ,the Act, l9Og,). 4 The Section 7l of thc Act, 19Og, reads a.s follows: Rcasons lor rcfusa] ro register to be recorded._ (l) Every Sub,Registrar refusing to register a do<:uncn [, cxcept on the ground that the property to u'hich it rt'l:rrcs is not situated within his sub_ district shall make an order of refusal ald. recorded his rcasons lirr such order in his Book No.2, and endorse t hc u ords ,,registration refused" on the document; arrtl, on application made by any person exer;uting or <:laiming under the document, shall, u'ltlrout pa\.rlrcnt ancl unnecessary delay, give him a copv ol'thr. rcasons so rccorded. (2) No rcgrstcrrng officer shall accept for r,:gistration a document so endorsed unless ald until, under tJ.e provisions hcrcrnafter contained, the dooLrment is dire<.tecl to bc registered. 3 sx, J W.P.t{o.259OO ol 2025

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 19O8, this writ petition is disposed of directing the Registering Auttrority to receive, register and release the subject document, subject to the petitioners 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, if he has any objection, by duly asslgnlng reasons ln support of such decision and communicate the said decision to tlre 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.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. * 1ti To, //TRUE COPY// *SD/-T. SRINIVASA REDDY ASSISTANT REGISTRAR G SECTION OFFICER 1 2 3 4 5 7 Iffi.lJg?*' secretary (stamps and Registrations), secretariat, rs , iiil{fi iEl;:',T;ys'[ru?i,?S?[?iT,#?:",[3]?S:?:HuzHouse Nampally, Hvderabad. 9n" 99 to SRt DANTU VENI4TAR4MANA SARMA Advocate topucl 1y9 c9ttS Gp FoR STAMpsAND RE'ciijiilito'0.u,gr, court for the ":'{F8fi ?'Eia',#,fi2XlilBX,X.;.;.',,Jo^."oo*oropucl i,fi rwg.lQgljopies o I s 'i * + *. i 6 + i * & 1i {ts HIGH COURT DATED:01 10912025 ORDER WP.No.25900 of 2025 e r,rli Sf4 r(l o( c o (J 10 rnv 2q5 0c s.,:, Ci i;tl DISPOSING OF THE WRIT PETITION WTHOUT COSTS { I\