High Court · 2025

PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue Writ or direction preferably Writ of Mandamus' declaring the action of the Respondent No 2' in not receiving' registering and releasing the Partition Deed presented in respect of Residential House No 43-458/3C (PTl No' 1171005100), on Plot No 2' in Survey No 403' admeasuring 360 Sq Yrds' or 300.96 Sq. Ivltrs, with a built up area of 9600 Sft (Ground Floor 2400 Sft' First Floor 2400 Sft' Second Floor 2400 Sft' Third Floor 2400 Sft)' situated at Hanuman Nagar, within the limits of greater Hyderabad Municipal Corporation' under Malkajgiri Circle and Mandal' Medchal-tt'4alkaigiri District' is illegal' arbitrary and contrary to provisions of law and violation of Article 300-A of the Constitution of lndia' and consequently direct the Respondent No 2 to receive' process, register and release the Partition Deed/Release Deed/Sale Deed and/or i I I a I I I any other deeds that may be presented by the petitioner Nrs. 1 and 2 in.respect of Residential House No. 43-458/3C (pTt No. 1171005100), on plot No. 2, in Survey No. 403, arimeasuring 360 Sq. yrds, or 300.96 Sq Mtrs, with a built up area of 9600 sft ('G round Froor 2400 Sft, First Froor 24oo s t, second Froor 2400 sft, Third Floor 2'4CO Sft), situated at Hanuman Nagar, withir the rimits of greater Hyderabad I\'4unic:ipar corporation, under IVarkajgiri circre ard Mandar, I\,4edchar- Malkaygiri District, without insisting No-objection Certificirte (NOC) from the Respondent No.3. IA NO: 1 OF 2025 Petition unr,e r Section 151 cpc praying that in the t:ircumstances stated in the affidavit fired in support of the petition, the High courl may be preased to direct the Respondent No.2 forthwith to receive, process, register and rerease the subject Partition Deed/Rerease Deed/Sare Deed and/cr any other deeds presented by the retitioner Nos. 1 and 2 in respect ol Residential House No.43-458/3C (pTt No. 1 .t 7.1005100), on ptot No. 2, i, Survey No. 403, admeasuring 360 S 1. yrds, or 300.96 Sq. futtrs, with a built up area of 9600 Sft (Ground Floor 24oo Sft, First Froor 24oo Sft, Second Froor Ir400 Sft, Third Froor 2400 sft), situated at Hanuman Nagar, within the limits of greater Hyderabad Munrcipal corporatirn. under IVarkajgiri circre and r\,4andar. lvedchar_f\,4arkajgiri District, without insisting No-objection certificate (Noc) fr.m the Respondent No.3, pendrng dispo:;al of the writ petition in the interest of ju:;tice. Counsel for the petitioners: Ms. BOBBALA JYOTHIRMAI Counsel for the Res condent No.1 & 2: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION Counsel for the Reslrondent No.3: SRt FARHAN AZAM KHAN, SC FOR WAKF BOARD The Court made the following: ORDER I.l Ll T: I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.28 o,36 of2O25 ORDER: Heard learned, Cl'ur.ser lor the petitioners and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azarrr Kh.an' learned Standing Counsel for the Telangana State Wakf Board appearing for the respondents and perused the materia.l on record' With their consent, this u'rit petition is disposed of at the stage of admission itself'

2. Aggrieved by the action of the respondent No'2' in not receiving, registering and releasing the Partition Deed presented in respect of Residential House No'43-458/3C (Pi'I No.11710051OO), on Plot No'2, in Sy'No'403' admeasuring 360 square yards or 300'96 square meters' with a built up area of 9600 square feet (Ground Floor 24OO square feet, First Floor 2400 square feet, Second Floor 24OO square feet, Third Floor 24OO square feet), situated at Harr man Nagar, within the timits of Greater Hyderabad ; SI(, J W.,D.No,28O36 of 2O2S Municipal Corporation, under Malkajgiri Circle and Mandal, Medchal-lylalkajgiri District, the petitioners filed the present writ petiti,tn.

3. .i-earned Assistant Governmerit Pleader for Stamps arid Regir;tration submits that without presenting the document the petitioners have approached this Court seeking r<:gistration of the document. Il ttre petitioners present the same before the Registerinp authority, the respondents will receive the same and follow the procedure as conterlplated unCer Section 71 of the Ilegistration Act, 19O8 (for short, the Acr, 1908,).

4. The Section 71 of the Act, 190g, reads as follows: Reasons for refusal to register to be recorcied._ (f) trvery Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated withir his sub_ clisl.rict shall make an order of refusal and recorded hrs reasons for such order in his Book No.2, and endorse the words "registration refuserl" on the document; and, on application made by zLny person exer:uting or claiming under the docurnent, shall,

1. I .SK,J W.P.No.28O35 of 2O25 without payment and unnecessary delay' give him a copy of the reasons so recorded' (2) No registering officer shall accept for registratron a document so endorsed unless and until, under the provisions hereinaft-'rr rcntained' the document is directed to be registered. In view of the above made submissions coupled with 5. the provision under Section 71 of the Act, 1908' this writ petition is disposed. of directing the Registering Authority to receive, register and release the sukrject document' subject to the petitioners complying with the provisions of the Act' lg08aswellaStheIndianStampAct,i8gg.Itwillbeopen to the Registering Authority to refuse the document presentedbeforehim,ifhehasanyobjection'byduly assigning reasons in support of such decision and communicate the said decision to the petitioners' It is made clearthatthisCourthasnotexpressedanyopinionon merits of the case as to the entitlement of the petitioners to get the subject document registered' There shall be no .a:::::\ order as to costs. f t 4 SI(, J W.I'.No.28036 oJ 2O2S

6. Misc:llaneous Petitions, if any, penc:ing in this writ petition sliall stand closed. //TRUE COPYII sDz ASSI ONNA KRISHNA T REGISTRAR S TION OFFICER To,

1. The Principal Secretary (Stamps and Registration), { 3cretariat, Hyderabad, State of Tela rgana. 2 3 4 6 7 BSR GJP The Sub-Reg istrar, tr,4alkajgiri lVlandal, Medchal IValkajg ri District. The Chief Executive Officer, Telangana Wakf Board, lluz House, Nampally, Hyderabad. One CC to lVs. BOBBALA JYOTHIRIVAI, Advocate [OPUC] One CC to S Rl FARHAN AZAIVI KHAN, SC FOR WAKF BOARD IOPUC] Two CCs to 3P FOR STAIv{PS & REGISTRATION, High Court for the Srate of Telangana at Hyderabad [OUT] Two CD Cop esv r{ HIGH COUTIT DATED:17109t2025 ORDER WP.No.28036 of 2O2S i\-\;:1iA .^' i:j B \t"t 16 ^ n{ 1l (, DISPOSING IfF THE WRIT PETITION, WITHOUT COSTS 6llDlw ;! -*l