High Court · 2025

V.S.MohanRaj,S/o.Sri.V.SelvaRangan,Age.62years,occ.RetiredEmployee, Ry;. il.N;. zi'-latnntz. crirl Anandbagh, Ivlalkajgiri, t\/edhcal-Malkajgiri District' e"sio" Anandbagh Hish School, East "oioni, ...PETITIONER AND

1. The State of Telangana, Rep. by its Secretary, Revenue (Stamps and Registration) Department' Secretariat, Hyderabad' 2. The District Registrar, Medchal tt/alkajgiri District' 3. The Sub -Registrar, Ir/alkajgiri, Medchal Malkajgiri District' 4. The Telangana State Wakf Board, Nampally, Hyderabad, rep by its Chairman. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesStatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue a writ, order or Direction more particularly one in the nature of writ of Mandamus, to the action of the 3rd respondent in refusing to receive, register and release the sale Deed in respect of Residential Double Bed Room Flat No. 1-B in First Floor of sAl KRISHNA APARTMENTS on Plot No. 47 (House No.45-132t47)inSy.No.574with1/gthundividedshareof2g.23Sq.yrdsoutof 266.66Sq.ydsWithtotalRCCbuiltupareaofT50.00Sq.feetincludinga|l common areas and staircase, situated at Anantha Saraswathi Nagar, IVlalkajgiri under Malkajgiri circle and lVlandal, within the limits of GHMC, Medchal Malkajgiri District, as illegal, arbitrary, against the provisions of Registration Act and against thesettledprinciplesoflawandconsequentlydirectthe3rdrespondentto recetve, register and relei Room F ar No,-8,, r,;':,::: :i.:nilJfflT:_#ff:,3 il'_:T: (House No' 45-132/47) in Sy.No. 574 with '1 19th undivided share of 29.23sq.yrds out of 266'66 sq.yds with totar RCC buirt up area of 750.00 sq.feet incruding a, common areas and staircase, situated at Anantha Saraswathi Nagar, Markajgiri under Markajgiri circre and Mandar, within the limits of cHMC, Medchar IVrarkajgiri District, in the interest of Justice. IA NO: oF 2025 1 petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased ro direct 3rd respondent to forthwith receive, register and rerease the Sate Deed in respect of Residentiar Doubre Bed Room Frat No. 1-B in First Froor of ,,SAr KRISHNA APARTMENTS,, on ptot No. 47 (House No. 4S_132t47) in Sy.No. 574 with 1/9',undivided share of 29.23 sq.yrds out of 266.66 sq.yds with totar RCC buirt up area of 750.00 Sq.feet incruding a, common areas and staircase, situated at Anantha Saraswathi Nagar, Markajgiri under tvarkajgiri circre and ,\rlandar, within the limits of GHMC, Medchar Markajgiri District, in the interest of Justice, pending disposal of main Writ petition. Counsel for the petitioner : SRI S.SURENDER REDDY Counsel for the Respondents: SMT.S.SRAVANTHT . ASST.GP FOR STAMPS ET.iO RCCISTRATION The Court made thelollowing: ORDER -i THE HONOURABLE SRI JUSTICE K'SARATH WRIT PETTTIO N No.2 a294 of 202s ORDER: Heard Sri S. Surender Reddy' learned counsel for the petitioner and Smt' S'sravanthi' learned Assistant Government Pleader for Stamps and Registration appeartng for the respondents' With their consent' this writ petition is disposed of at the stage of admission' 2. Aggrieved by the action of the respondent No'3 in not receiving, registering and releasing the subject Sale Deed presented by the petitioner in respect of Residential Double Bed Room Flat No'l-B in First Floor of "SAI KRISHNA APARTMENTS" on PIot No'47 (House No'45-132/47\ in Sy.No.574 with 1/9'h undivided share of 29'23 Sq'yards out of 266.66 Sq'yds with total RCC built up area of 750'00 Sq.feet including all common areas and staircase' situated at Anantha Saraswathi Nagar, Malkajgiri under Malkajgiri Circle and Mandal, Medchai Malkajgiri District' the petitioner filed the present writ petition .)

3. Learned and Registration that, without Assistalt Government Pleader for Stamps respondents submits appearing for the Presenting the sublect rlocument, the petitioner has approached this court seeking regis tration ot. the said document. If the petitioner presents the same before the Registering authority, the respondents will recelve the same and follow the procedure as under Section 71 of the 'the Act, 19Og). contemplated Registration Act, 19O8 (for short, 4 Section 71 of the Act, 190g, reads as follows: Reosons for refusal lo regisler to be rer_orded. _ (1) Euery Sub_Regi: document, except on 1 u-,hich it relates ts not . shall make an ord.ersituqted reasons for such order the utord.s *registratio; and, on apprication ^ol claiming under the oo"lt and unneces"o* o"r)^tnt' reasons so recorded. refusing b register a ground that the properlg to taithin his sub-clistict of refusal and recorded his his Book No.2, ancl endorse "tut"o" on the document; oo ana person executirtg or shall' uithout poament 'a' giue him a copa of th'e (2) No registering officer sha, accept for registratton o document so end.orsed proui.sionshereinafter:""r';:;"T"r::t':.::Zrt^: directecl to be registered. -- ,--i 5 In view of the aforesaid submissions coupled with the provlslon under Section 7l of the Act, 1908' this writ 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, 19O8 as well as the Indian Stamp Act' 1899. It will be open to the Registering Authority to refuse the document presented before him' il 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.MiscellaneousPetitions,ifany,pendinginthiswrit petition sha11 stand closed. //TRUE COPY// SD -P. PONNA KRISTINA tsTANT REGISTRAR SECTION OFFICER To, M, rtment, State of 1 . The Secretary, Revenue (StamPs and Registration) Telang ana, Secretariat, HYd erabad The Di strict Reg istrar, Medchal Malkajgiri District The Sub -Registrar' MalkaJgrn, tVledchal [/alkajgi ri District The Chairman, Telangan a State Wakf Board, NamPally, Hyderabad One CC to SRI S.SUREN DER REDDY, Advocate. [OPUC] Two CC. to GP FOR STA na. [OUT] State of Telanga 7. Two CD CoPies. MPS ANO RECtSrRnttoN, Hig h Court for the 2 3 4 5 6 EtQT' I , i s ,r\ P O * HIGH COURT DATED:18 tOgt2OZs ORDER WP.No.28 294 ot 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS T A q