High Court · 2025

Petition under Article 226 of Ihe Constrtution of lndip praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or direction preferably Writ of lt4andamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the Gift Deed presented in respect of Residential House Open PIot No. 127. ln Sy. No. 103 and 104, admeasuring 172.00 Sq. Yrds or 143.79 Sq. I\/trs., situated at Boduppal Village, now under lrilunicipal Corporation of Hyderabad, Medipally (Ghatkesar) I\,4andal, Ranga Reddy District, now known as [Vledchal-[t{alkajgiri District, is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release Gift Deed/ any other deeds that may be presented by the petitioner in respect of Residential House Open Plot No. '1 27. ln Sy. No. 103 and 104, admeasuring 172.00 Sq. Yrds or

143.79 Sq. lvltrs., situated at Boduppal Village, now under [Vunicipal Corporation - of Hyderabad, Ir/edipally (Ghatkesar) Mandal, Ranga Redrly District, now known as Medchal-[\,4all<algiri District, without insisting No-objec'ion Certificate (NOC) from the ResponJent No.3. lA NO: 1 OF 202!; Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Co rrt may be pleased to direct the Respc ndent No.2 forthwith to receive, process register and release the subject Gift t)eed/ any other deeds presented by the f)etitioner in respect of Residential Hour;e Open Plot No. 127 . ln Sy. No. 103 and 104, admeasuring 172.00 Sq. Yrds or '143.79 Sq. [\zltrs., situated at Boduppal Village, now under Municipal Corpcration of Hyderabad, tvledipally (Ghatkersar) i\,4andal, Ranga Reddy District, row known as IVIedchal-[Vlalkajgiri District without insisting No- objection Certificate (NOC) from the Respondent No.3, p€,nding disposal of the writ petition in thr: interest of justice. Counsel for the l)etitioner: Ms. BOBBALA JYOTHIRMAI Counsel for the Respondent No.1 & 2: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD The Court made the following: ORDER a THE HONOURABLE SRI JUSTICE K.SARATH UIRIT PETITION No.26768 of 2o25 ORDER: Heard Ms. Bobbala Jyothirmai, learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azarn Kh,an, 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 is disposed of at the stage of admission.

2. Aggrieved by the action of respondent No.2 in not receiving, registering and releasing the Gift Qeed presented in respect of Resid,ential House Open Plot No.l27 in Sy.No. 103 and 1O4, admeasuring l72.OO Square yards or

143.79 Square meters, situated at Boduppal Village, now under Municipal Corporation of Hyderabad, Medipally (Ghatkesar) Mandal, Ranga Reddy District, now known as Medchal-Malkajgiri DistricL, the petitioner filed the present writ petition. 2

3. The l\ssistant Government Pleader for Stzrmps and Registration has stated that the respondents will follon' the procedure and release the document or lhey will pass orders as rler Section 71 of the Registration Act, 1908 (for short, the Act, 19O8).

4. Section 71 of the Act, 19O8, reads as follows: Re lsons lor refusal to register to be record:d. (1) Every Sub-Registrar refusing to r':grster a do:ument, except on the ground that the prop(lrt!' to which it rclates is not situated within his sub- disrtrict shall make an order of refusal and recordcd hir; reasons for such order in his Book I'1o.2, and enCorse the words "registration refused" on the document; and, on application made by ani person ex:cuting or claiming under the docume'nt, shall, wi:hout payment and unnecessary delay. give him a r:opy of the reasons so recorded. (2) No registering officer shall accept for registratton a document so endorsed unless and until, under th: provisions hereinafter contained, the 'locumcnt is directed to be registered. 5 'In vir:w of the aforesaid submissions clupled with the provision under Section 7l of the Act, t9O8. this v"'rit petition is disposed of directing the Registering Authority to ) receive, register and release the subject document that may be presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Act, 1908 as well as thc Indian Stamp Act,

7899. 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 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 COPY// SD/-P. PONNA KRISHNA s TANT REGISTRAR SECTION OFFICER To, 1 The Principal Secretary (Stamps and Registration Secretariat, HYderabad, State of Telangana.

2. The Sub-Registrar, Uppal Mandal, Medchal Malkajgiri District' 3. The chief Executive officer, Telangana wakf Board, Huz House' Nampally, Hyderabad.

4. One CC to SRI BOBBALA JYOTHIRt\'lA|, Advocate IOPUCI 5. One CC to SRI FARHAN AZAIV KHAN, SC FOR WAKF BOARD [OPUC] 6' Two CCs to GP FoR STAIuPS & REGISTRATIoN, High Court for the State - of Telangana at HYderabad [OUT] 7 BSR Two CD Copies I .&- HIGH COURT DATED:0810912025 1/, 1l ORDER WP.No.26768 of 2025 y'.,' -.- -'_ :-*'_ --.- ",t'-.", -)v 1tl sEP 2025 Dr.!'/ . t C\" DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1 a,(