D.L.N Srinivas v. Registration), Secretariat, Hyderabad

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 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 Western Part of Residential House bearing No.43-456/44, Old No 43-259t44, PTI No.1171067350, admeasuring 100 Sq. yards or 83.60 sq.mtrs, out of 213.8 Sq. yards, Survey No.41711 & 2, Plot No.44, Situated at APSRTC Colony, Moula Ali, Malkajgiri under GHMC of Malkajgiri Circle and Mandal, It/edchal- Malkajgiri 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 the subject Rectification Deed/ any other deeds that nay be presented by the petitioner in respect of the Western Part of Residential House bearing No.43-456/44, Old No.43-259144, PTI No.1171067350, admeasuring 100 Sq. yards or 83.60 sq.mtrs, out of 213.8 Sq. yards, Survey No.41711 & 2, Plot No.44, Situated atAPSRTC Colony, Moula Ali, Malkajgiri under GHMC of lMalkalgiri Crrcle and lrilandal, Medchal-Malkajgiri District, without insisting No-objection Certificate (NOC) frc,m the Respond 6nt No.3. lA NO: 't OF 2025 Petition un<ler Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 forthwith to receive, process,'rergister and release the subject Rectif cation Deed/ any other deeds presented by the petitioner in respect of the Wr:stern Part of Residential House bearirrg No.43-456/44, Old No.43-259/44, PT No.1171067350, admeasuring 100 Sr1. yards or 83.60 sq Mtrs, out ot 213.1\ Sq. yards, Survey No.41711 & 2, Plot 1,1o.44, Situated at APSRTC Colony, Moula Ali, Malkajgiri under GHMC of Malkajgiri Circle and Mandal, Medchal-lVlalkajgiri District, wlthout insisting No-objection Certificate (NOC) from the Re;pondent No.3, pending disposal of the writ cetition Counsel for the Pe:itioner: SRl. SUBBA RAO VADREVU Counsel for the Re:;pondent Nos.'l & 2: SMT S. SRAVANTHI, AGP FOR STAMPS & REGISTRAT|Oi,!S Counsel for the Re:;pondent No.3: SRI FARHAN AZAM KHAN SC FOR WAQF BOARD The Court at the stage of admission made the following: ORDE:R - THE HONOURABLE SRI JUSTICE K.SARATH ) WRIT PETITION No.29541 of 2o25 ORDER: Heard Sri Subba Rao Vadre'r,rr, learned counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the responclent Nos. 1 and 2 and Sri Farhan Azarn Kh'an, learned Stancling Counsel for Waqf Board appearing for respondent No.3. With tireir consent, this Writ Petition is disposed of at the stage of admission.

2. Aggrieved by the actior-: o[ the respondent No.2 in not receiving, registering and relcasing the subject rectification Dced presented in respect of the Wcstern Pai't of Resiciential I{ouse bearing No.43-456/44, Old No.43-259/44, Pfl No.1 171067350, admeasuring 1O0 Sq. yards or 83.60 sq.mtrs, out of 213.8 Sq. yards, Survey No.4l7 lI and 2, Plot No.44, situated at APSRTC Colony, Mouia Ali, Malkajgiri under GHMC of Malkajgiri Circle and Mandal, Medchal- Ivtalkajgiri Dietrict, the petitioner filed the present writ Petition. \ , )

3. Learned Assistant Government Pleader: Ior Stamps and Registra.tion submits that without presenting the subject docurnent, the petitioner has approached this Court seeking regist.ration ol the said document. If th,: petitioner presents the same before the Registering :ruthority, thc respondents .vill receive the same and follou, the procedure I as contemplated under Section 71 of the Regisl,ration Act. 1908 (fol sho:t, the Act, i90B').

4. Section Z1 of the Act, 1908, reads as follow:;: Reaso rs for refusal to register to be recorded .- (1) Every Sub-Registrar relusing to regisler a docunrent, except on the ground that the property to which it relates is not situated within his sub- district sha-ll make an ordcr of refusal and rec:rded his reasons for such order in his Book No.2, and endorr;e the words "registration refuscd" on the docunrent; and, on application made by any person execul.ing or claiming under the documen t, shall, without payment and unnecessary delay, give him a copv cf the reasons so recorded. (2) No registering officer shall accept for registration a doctrment so endorsed unless and until, undr:r the provis.ons hereinafter contained, the document is directt:d to be registered. 7 J

5. In view of the aforesaid submissions coupled with the provision 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, 19OB as well as the Indian Stamp Act,

1899. 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 documents registered. There shall be no order as to costs

6. Miscellaneous Petitions, if any, pending in this writ petition sha-Il stand closed. SD/-N.CHANDRA SEKHAR RAO UTY REGISTRAR //TRUE COPY// t SECTION OFFICER To, Secretariat, Hyderabad. '1 . The Principal Secretary (Stamps and Registration), State of Telangana, 2. The Sub-Reoiltrar, Ivlalkajgiri, Medchal Malkaigiri District 5. fhe cnLf Eiecutive offic6"r, Telangana Wakf Board, Huz House, Nampally, 4. Ohe CC to SRi. SUBBA RAo VADREVU .Advocate [OPUC] Hyderabad

5. Two CCs to GP FOR STAMPS & REGISTRATION, High Cc urt for the State of Telangana. OUTI 6, One CC to SFl. FARHAN AZAM KHAN, SC FOR WAQF BC)ARD [OPUC] z Two CD Cop es CHR t] d -l*tcG'-, I I HIGH COUFIT DATED:261[t912025 l ) ORDER . r,L r ) ,'' ).\ W.P.No.29541 of 2025 /. '(: ',t)2, 2+ ott 26 f ( I Or. ?*r, rla,t ,/, DISPOSING OF'THE WRIT PETITION AT THE STA(iE OF ADMISSION WITHOUT CC,STS /\0 \ EqFW u'f>