The High Court · 2025

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 an order or direction more particularly one in the nature of writ of lrlandamus declaring the action of the respondents in not accepting the Exchange Deed sought to be presented by the petitioners by exchanging the plot No. 283, admeasuring, 200 Sq. Yards or 167.2i Sq. Meters in Sy. No. 2SS,256 and 257 in favour of the 2nd petitioner and plot No. 185/1 , admeasuring 200 sq. yards or 167.21 sq. Meters in Sy. No. 2s2, infavour of the 1't petitioner situated at lvlanikonda Jagir Vi age, Gandipet tVlandar, Ranga Reric y District though the said property is not included in the prohibitory list as prerared u/sec.22_A of Registration Act, 1908, and though the above property is r.ot part of any Wakf property' as irregar, unrawfur, contrary to raw and conseqrenfly direct the 4th respondent to accept the above document of the petitio.errs in respect of the above property for the purpose of registration and release th,.53.nU IA NO: 'l OF 2025 Petition under section i 51 cpc praying that in the c rcumstances stated in the affidavit fired in support of the petition, the High court may be preased to grant interim order directing the 4th respondent to regrst-.r and rerease the Exchange Deed sought to be presented by the petitioners oy exchangrng plot No. 283, admeasuring 200 Sq yards or 167.2.,l Sq Meter:, n Sy No. 2SS,256 and 257 in favour of the 2nd petitioner anrJ prot No 1g5i 1 a,.rmeasurng 200 Sq yards or '167 21 Sq. Meters in sy. No 252. rn favour of tht: 1:rt petitioner situated at Manrkonda Jagrr Village. Gandrpet Mandal, Ranga ReJcy District, pending disposal of main Writ petitron. Counsel for the Petitioner: SRl. M. DAMODAR REDDY Counsel for the Respondent Nos. jto4: Smt. S. SRAVANTHT, AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.5: SRI FARHAN AZAM KltAN, SC FOR TSWB The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.27858 of 2025 ORDER: Heard learned Counscl for the petitioners and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azam Khan, learned Standing Counsei lor 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 itself.

2. Aggrieved by the action of the respondents in not accepting the Exchange Deed sought to be presented by the petitioners by exchanging the Piot No.283, admeasuring 2OO square yards or 167.2\ square meters in Sy.No.255, 256 and 257 in favour of the petitioner No.2 and Plot No. 185/ 1, admeasuring 200 square yards or 167 .21 square meters in Sy.No.252, in favour of the petitioner No. 1 situated at Malikonda .-lagir Village, Gandipet Mandal, Ranga Reddy District though the said property is not H \ .> tv p.No.2z8sI included in the prohibitory list as prepri r_r:d under Section 22-A of Registration Act, 1908 though thr. ,1lsy6 property is not part rtf an.y Wakf property, the p.tr:iorters liled the present writ petition. "f25:rr,

3. Learned Assistant Government plt,ir,ler for Stamps and Registration submits that withor rr presentrng the document, the petitioners has approa r.iiecl this Court seeking registration of the clocument. Il the pctitioncrs present thc same befor-e rhe Registerinq authority, the respondents wiil receive the same and for,rr,,, the procedure as contemplated under Section 7l of th<: 1908 (for short, ,the Act, 1908). Ii'egistration Act, 4 The Section 71 of the Act, 190g, reads ls follows: R( irs,)ns lor refusal lo rr.,llsler lo hc recr,r tl _ (1) )lvcry Sub-Registrar refusing to r rgistcr a document, exccpt on the ground that thc F whiclr it relates is not situated withr r. his sub_ district shall make an orcler of refusal zrrLrl his rt:asons for such orcler in his Bool-: ., endorsc the words ..rcgistration rt.[us,. I recorded o.2, and on the _operty I ! ., SIT, J W.P.No.27858 of 2O25 documcnt; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recordeci. (2) No registcring oflicer shall acccpt for rcgistratron a documcnL so endorsed unlcss and until, under the provisions hereinafter containcd, the document is directed to be registcred. 1 I In view o[ the above made submissions coupled with 5. the provision under Sectior-r 71 ol the Act, 1908, this writ petition is disposed of directing Lhe Registering Authority 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 belore him, il he has any objection, by duly assigning reasons in support o[ 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 Set the su bject docrrment order as to costs 4 registered '+:'.:=1:;i1 \ -rI ,r.,r4 ur.r.ru"-Zrg"g '"here "fi[L{ shal.l be n<r 6 pel.i Miscellaneous Petitions, tion shall .star.r d closecl. an.Y, pr .r rr / rng in tl.ris wr.it //TRUE COPYII -/' ^'[53,iiTt[[HHIA G SECTION OFFICER To, 1 . The prrncipa I Secrer; ; il!.i* zi;iffi ::: lH:#"J:: : #:;::,i:ffi j i m*$#ffiemffi:dffi;F;*#; ** ; :; BM BS j I I / I I l l I I I d * HIGH COURT DATED:16 t09t2}Zs ORDER WP.No.27858 of 2O2S ,/- \18 <:1 ,..- 4 rt- o I il 55P 26 ,.:' \.. ','/ )q. ; rlt t'--1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o ;lgI,LW