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 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 Southern Part of Residential House bearing No.43-234, admeasuring 66 Sq. yards or 55.17 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, Moula - ali, within the limits of Greater HyderabadMunicipal Corporation, under Malkajgiri Circle and Mandal, Medchal -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 Rectrfication Deed/ any other deeds that may be presented by the petitioner in respect of the Southern Part of 7 t Residential House bearing No.43-234, admeasuring 66 Sq. yards or 55.17 sq,mtrs, out of total land admeasuring 200 Sq. yards or 167.2 Sc;.mtrs with a built up area of 100 Sq. feet of ACC, survey No.406 and 409, Situzrted at Hanuman Nagar, Moula - ali ra,ithin the limits of Greater Hyderabad Municipal Corporation, under Malkajgiri Circle and Mandal, Medchal - Malkajgiri District, without insisting No-objection Certific rte (NOC) from the Respondent No.3. lA NO: 1 OF 2(t25 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Courl may be pleased to direct the Respondert No.2 forthwith to receive, process, regir;ter and release the subject Rectif ica tion Deed/ any other deeds presented by the petitioner in respect of the So rthern Part of Residential House bearing No.43-234, admeasuring 66 Sq. yards or 55.17 sq.mtrs, out of total land a,lmeasuring 200 Sq. yards or 167 2 Sq mtrs with a built up area of 100 Sq. feet of ACC, survey No.406 and 409, Sit rated at Hanuman Nagar, Moula - ali, within the limits of Greater Hyderabad lt4unicipal Corporation, under Malkajgiri Circ:le and Mandal. Medchal -Malkajgiri District, without insisting No-objection Certific,ate (NOC) from the Respondent No.l), pending disposal of the writ petition in the interest of justice. Counsel for the Pr-.titiorrer: SRI SUBBA RAO VADREVU Counsel for the Respcrrdent No.1 & 2: SMT S.SRAVANTHI, AGP FOR STAMPS & RE(;ISTRATION Counsel for the Resp,rndent No.3: SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PEIITION No.29325 of 2o25 ORDER: Heard iearned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader lor Stamps and Registration and Sri Farhan Azanrr Khan, learned Standing Counsel for the Telangana State Wakf Board appearing lor the respondents and perused the material on record. With their consent, this writ pctition 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 subject Rectification Deed presented 1n respect of the Southern Part of Residential House bearing No.43-234, admeasuring 66 square yards or 55.17 square meters, out of total lnnd admeasuring 200 square yards or 167.2 square meters n,ith a burilt up area ol 100 square feet of ACC, Sy.Nos.4O6 :rnd l 409, situated at l{anuman Nagar, Moula-Ali, within the limits of Greater Hyderabad Municipal Corporation, under Mall<zrjgiri Circie and Mandal, Medchal-Malkajgiri District, .*t}x: petitioner Iiled the present writ petition. o sx, J w.P.No.29,]25 of 2O2S --

3. Learned Assistant Government Pleader lbr Stamps , and Regisl.ra tion submits that without presenting the document, thr: petitioner has approached this Court seeking registration of the document. If the petitioner presents the same before the Registering aut-:rority, the respondents rrill receive the same ald follou, the procedure as contemplar ed under Section 71 of the Regist.:ation Act, 1908 (for short, 'the Act, 1908').

4. The Scctior-r 71 olthe Act, 1908, reads as follows: I Reasons lor refusal to register to be recorded.- (1 ) Dv -'ry Sub-Registrar refusing to register a documt:nt, cxcept on the ground that the properry to which it relates is not situated within his s;ub- district shall make an order of refusal and recorded his rea,;ons for such order in his Book No.2, and end.orse the words "registration refused' on the documcnt; and, on application made by any person execu tirrg or claiming under the document, shall, without payment and unnecessary delay, give hi;lr a copy of t.he reasons so recorded. (2) No rt:gistering oflicer shall accept lor regisrrat ion a docurr ent so endorsed unless and until, under the provisions hereinafter contained, the document is direcrcd ro be rcgistcred. 3 sr(, J W.P.No.29325 oj 2025

5. In vicw of the above made submissions coupled with I the provision under Section 7i of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner 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 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 document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. To, \ SD/-N. DRA SEKHAR RAO UTY REGIS //TRUE COPYi/

1. The Principal Secretary (Stamps and Registration), State of Telangana. CTION OFFICER retariat, Hyderabad,

2. The Sub-Registrar, Malkajgiri, tvledchal IVlalkajgiri District' 3. The Chief Executive Officer, Telangana Wakf Board, Huz House' Nampally' Hyderabad 4 One CC to SRI SUBBA RAO VADREVU, Advocate [OPUC] 5. One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD [OPUC] a

6. Two CCs to (lF' FOR STAIUPS & REGISTRATION, Hrgh (lourt for the State of Telangana at Hyderabad [OUT]

7. Two CD Copit:s BS BSw \ HIGH COUR T DATED:2510')i2025 ORDER WP.No.2932li of 2025 ,t ," l.- I; J i,. ) \L S 14 a'i 24 mI ru5 D .i r,.1 I r. . --= rt"' ,).. r'. r ( DISPOSING ()F THE WRIT PETITION, WITHOUT COSTS Ag"