The High Court · 2025

Petition under Article 226 of lhe Constitution of lndia 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 Mandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the subject rectification Deed presented in respect of the Northern Part of Residential House bearing No.43-234, PTI No.1171004416, admeasuring 'l 34 Sq. yards or

112.02 sq.mtrs, out of total land admeasuring 200 Sq. yards or 167 .2 Sq.mtrs wrth a built up area of 100 Sq. feet of ACC, survey No 406 and 409, Situated at Hanuman. Nagar, lVloula - ali, within the limits of Greater Hyderabad [Vlunicipal Corporation, under lr4alkajgiri Circle and Mandal, tMedchal - Malkajgiri 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 subject Rectification Deed/ any other deeds that may be presented ly the petitioner in respect of the Northern l)art of ResidentLl House bearing No 4i]-234, Fen No.1171004416, admeasuring 134 Sq. yards or 112.02 sq.mtrs, out of total land admeasuring 200 Sq. yards or '167.2 Sq.mtrs with a built up area of 100 Sq. feet of ACC, survey No.406 and 409, Situated at Hanuman Nagar. lvloula - ali, within the limits of Greater Hycerabad Municipal Corporation. under Malkajgiri Circle and Mandal, Medchal '- li/alkajgirr District, without insisting No'objection Certificate (NOC) from the Respordent No.3 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circun"stances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Responde,rt No.2 forthwith to receive, process, regrster and release the subject Rectificalron Deed/ any other deeds presented by the pelitioner in respect of the Northern Part of Residential House bearing \o.43-234, PTI No.11710044 16, adrreasuring 134 Sq. yards or '1 12.02 sq.mtrs, out of total land admeasuring 200 Sq yards or 167 .2 Sq.mtrs with a built up areir of 100 Sq. feet of ACC, survey No.436 and 409, Situated at Hanuman Nagar, lVloula - ali, within the limits of Greater Hyderabad Municipal Corporation, under Malkajgiri Circle and Mandal. Medclral = Malkajgiri District, without insrsting No-objection Certificate (NOC) frorn the Respondent No.3, pending disposal ol the writ petition in the interest of justic,e Counsel for the Petitioirer : SRI SUBBA RAO VADREVU Counsel for the Respondent Nos. 1 & 2: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGISTITATION Counsel for the Resp,tndent No.3: SRI FARHAN AZAN KHAN SC FOR WAQF BOARD The Court made the following: ORDER { THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.29847 of 2025 ORDER: Ileard Sri Subba Rao Vadrevu, learned counsel lcr the petitioner and Smt. S. Sravanthi, learned Assistant Governmcnt Pleader lor Stamps and Registration appearing for the respondent Nos. 1 and 2 and Sri Farhan Azarn l{han, learned StanCing Counsel for Waqf Board appearing for respondent No.3. 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 subject rectification Dced presented in respect of the Northern Part of Residential l-iouse bearing No.43-234, PTI No. l171004416, admeasuring 134 Sq.yards or 112.02 Sq.rntrs, out of total land admeasuring 2OO Sq.yards (or 167.2 Sq.mtls) with a built up area of 100 Sq.feet of ACC tn Sy.No.406 and 4O9, situated at Hanuman Nagar, Moula Aii, u,ithin the limits of Greater Hyderabad Municipal Corporation, under Malkajgiri Circle ancl Mandal, I I I , \ -II ) Medchal MaiJ<ztjgiri District, the petitioner filed the preser\t writ Petition.

3. Learned .A ssistant Government Pleader 1,rr Stamps and Registration srrbmits that without presenting the subject document, the petitioner has approached this Court seeking registration ol t:rc said document. If the petitiorrer presents the same before tlre Registering authority, the rcsp,ondents will receive tht: sarrt' and foilo'*, the procedure ?IS ,lontempiated under Section i'/l of the Registration Act, 190U (ftrr short, the Act, 19O8')

4. Section 71 of the Act, 1908, reads as follow's: Reasorts for refusal to register to be recorded.-- (1) Evcry Sub Registrar refusing to register a dor:ument, except on I he ground that the property to which it relates is not sit rirted within his sub-district shall make zrn order of refusal irnd recorded his reasons for such order in his Book No.2. and endorse the words "registration refused" on the ,locument; and, on application made by any person e:<ecuting or claiming under the document, shall, without l)ayment and unnecessary delay, give hirr a copy of the rea sons so recorded. [2) No r< gistering officer shall accept for registration a document so endorsed unless and until. un<ler the -----.i- I, provisions hereinafter contained, the document is directed to be registered. )

5. In view of the aforesaid submissions coupled with the provision under Section 71 of the Act, 1908, this Writ Petition is disposed of directing the Registering Authoiity to receive. register and release the subject document that may be presented by the petitioner in respect of the subject property, subjcct, 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 belore 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 clea-r that this Court has not expressed any opinion on merits of the case as to the entitlcment o[ the petitioner to get thc subject document registered. There shall be no order as to costs.

6. Miscellane ous Petitions, if any, pending in this u'rit petition shail stand closed. SD/-S. MALLIKARJUNA RAO ISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1 The State of Telangana. represented by its Principal Secretary (Stamps and Registration). Secretariat. Hyderabad. 2 The Sub-Registrar, Matkajgiri, tr/edchal Matkajoiri District I 7/ )

3. The Telangana Wakf Board, Rep. by its Chief Executive Officer, Huz Hcuse, Nampally, Hyderabad.

4. One CC to Sltl SUBBA RAO VADREVU Advocate [OPUCI 5 One CC to SFll FARHAN AZAM KHAN. SC FOR WAQF BOARD 6. Two CCs to OP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana. [OUT] 7 . fwo CD Copie rs [,\/La I ) HIGH COURI' DATED:26l0gt1t025 ORDER WP.No.2984V ot'2025 It\ 5 i t4 .i- '::- '' o.. (( , .z a l\ -) 2 t 0[T z{Ul I {)fi5p611;$ t/ DISPOSING OF ITHE WRIT PETITION WITHOUT COS TS @ ,,.rI ,,C