The High Court · 2025

.....RESPONDENTS Petition Under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ or direction preferabry writ of lVrandamus, decraring the action of the Respondent No.2, in not receiving, registering and releasing the subject rectification Deed presented in respect of the residential House bearing No.43-22911/3, PT|N 1 1r1ooso}4, in survey No.399 and 400, on prot No.95, admeasuring 200 Sq. yards or 167.2 Sq mtrs, with plinth area of 700 Sft of RCC, situated at Ulfath Nagar, IVroura-ari, within the rimits of Greater Hyderabad Municipal corporation, Malkajgiri circle and lvtandal, I\/edchal Malkajgiri District. is illegal, arbitrary and contrary to provisions of law and violation of Article 300_A of the Constitution of India, and consequently direct the Respondent No.2 to receive, process, register and release the subject Rectification Deed/ any other deeds that may t,e presented by the petitioners in respect of the residential House bearing No.43-2.29/ 1/3, PTIN 117'1005084, in survey No 399 and 400, on Plot No.95, admeasu'ing 200 Sq. yards or 167.2 Sq. mtrs, with plinth area of 700 Sft of RCC, situatr:d at Ulfath Nagar, Moula-ali, within the limits of Greater Hyderabad [Vur icipal Corporation, Malkajgiri Circle and [/andal, Medchal It/alkajgiri Distrird without insisting No-objection Certificate (NOC) from the Respondent No.ii. |.A.NO:1 OF 2021i Petition Urrder Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 forthwith to receive, process, regrster and release the subject Rectificalion Deed/ any other deeds presented by the petitioner in respect of the residential House bearing No.43-2291113, PTIN 1,171005084, in survey No.399 and 400, on Plot No.95, admeasuring 200 Sq. yards or 167.2 Sq. mtrs, with plinth area c,f 700 Sft of RCC, situated at Ulfath Nagar, IVloula-ali, within the limits of Greater Hyderabad Municipal Corporation, Ivlalkajgiri Circle and [/andal, Medchal Malkajgiri District. without insisting No-objection Certificate (NOC) from the Respondent No.3, pending disposal of the writ petitio\n. in the interest of justice. Counsel for the l,Etitioners : SRI SUBBA RAO VADREVU Counsel for the llespondent Nos.1 & 2 : MRS S.SRAVANTHI, AGP FOR REVENUE Counsel forthe llespondent No.3 : SRI FARHAN AZAM KHAN The Court at the stage of admission made the following ORDER --7 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.26435 of 2o25 ORDER: Heard Mr. Subba Rao Vadrer,rr, learned counsel for the petitioners and Mrs. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent No. 1 and 2 and Mr. Farhan Azam Khan, Iearned Standing Counsel for the respondent No.3. With their consent, this writ petition is disposed of at the stage of admission.

2. Aggrieved by the action oi respondent No.2 in not receiving, registering ald releasing the rectification deed in respect of House bearing No.43-229 l1l3 (PTIN: 1171005084) in Sy.No.399 and 4OO on Plot No.95 admeasuring QOO Sq. Yards situated at Ulfath Nagar, Moula-ali, Malkajgiri Circle and Mardal, Medchal-Malkajgiri District, the petitioners filed the present writ petition

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the documents, the petitioners have approached this Court seeking registration of the documents. If the petitioners present the same before the Registering authority, the respondents wili receive the same and 2 11 follow the procedure as contemplated under Section 7 i of the Registratior-r Act, 1908 (for short, 'the Act, 1908')

4. Section 71 of the Act, 1908, reads as follorvs: Reasons for refusal to register to be recordcd.- ( 1) Every Sub-Registrar refusing to rcgister a document, except on the ground that thc. llroperty to r,r4rich it relates is not situateC within his sub- dis;trict shall make an order of refusal and recordcd hili reasons for such order in his Book No.2, and enCorse the words "registration refused" on the do:ument; and, on application made by any person ex,rcuting or claiming under the document, shall, wi.-hout payment and unnecessary delal/, give him a copy of the reasons so recorded. (2) No registering officer sha1l accept for reg{stration a (locument so endorsed unless and until, under tht: provisions hereinafter contdined, the rlocument is ,lirected to be registered.

5. In vir:w of the aforesaid submissions coupled with the provision under Section 71 of the Act, 1908 and on perusing the entire mat,lrial on record, this writ petition 1S disposed of directing t -re Registering Authority to receive. register and release the subject document that may be presented by the petitioners ln respect of the subject property. subject to the -/ J 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 1n 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 documents registered. There shall be no order as to costs

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPYII SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR 6- t secrotl oFFrcER

1. The Principal Secretary, (Stamps and Registration), Secretariat, State of Telangana at Hyderabad.

2. The Sub-Registrar, Malkajgiri, Medchal lt/lalkajgiri District. 3. The Chief Executive Officer, Telangana Wakf Board, Huz House, Nampally,

4. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. Hyderabad. [OUT]

5. One CC to SRI SUBBA RAO VADREVU, Advocate [OPUC] 6. One CC to SRI FARHAN AZAIV KHAN, Advocate (OPUC) 7. Two CD Copies To SA GJP HIGH COUIIT DATED:0410912025 ORDER WP.No.26435 of 2025 19 5F P \.-'';1-, \, *,;ili 't''l// \ DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT (}OSTS.