High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTETMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO:29417 OF 2025 Between: G. Shiv Raj, S/o. Veeraiah, Aged about 60 years, Occ. Retired Employee, R/o H. No.24-88/4316, Lalvani Nagar, East Anandbagh, Malkajgiri, Hyderabad-500047. .....PETITIONER AND

1. The State of Telangana, represented by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad.

2. The Sub-Registrar, It/alkajgiri lt/andal, Medchal Malkajgiri District. 3. The Telangana Wakf Board, Rep. by its Chief Executive Officer, Huz House, Nampally, Hyderabad. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affrdavit filed therewith, the High Court may be pleased to issue Writ or direction preferably Writ of lrlandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the Sale Deed presented in respect of Residential House bearing No. 24-88/43/6 (Old No.26-4721198), on Plot No. 198, in Survey No. 472, admeasuring 200.00 Sq. Yrds, or '167.20 Sq. mtrs, with a Plinth area of 1000 Sq. Feet, RCC, situated at Lalwani Nagar, East Anandbagh, tvlalkajgiri, within the limits of Greater Hyderabad Municipal Corporation, under Malkajgiri Circle and Mandal, tVledchal- lrlalkajgiri District, erstwhile Malkajgiri Municipality and Mandal, Ranga Reddy 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 Sale Deed/Gift Deed/Release Deed/any /, / i/ other deeds that rnay be presented by the petitioner in .e spect of Residential House bearing No. 24-88143/6 (Otd No. 26-4121198), on Irtc: No. 198, rn Survey No. 472, admeasuring 200.00 Sq. Yrds, or i 67 20 Sq. mtr.r; with a plinth area of 1000 Sq. Feer, RrlC, situateo at Latwanr Nagar, East r r rndbagh, Malkajgiri, within the limits o1' Greater Hyderabad tlrlunicipal corporzrtr )n, under lrrlalkajgiri circle and Mandal, l\4edchal-Malkajgiri District, erstwhile \,4:lkajgiri A/lunicipality and [vandal, Ran1la Reddy District, without insisting Nl,r-:bjection certificate (NOC) from the Respondent No.3 l.A.NO:1 OF 2025 Petition under Section '1 51 cpc praying that in the <r rc umstances 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, r:q ster and release the subject Sale Deed,/Gift Deed/Release Deed/any other de t;c s presented by the petitioner in respect of Residential House bearing No. 2zi Bll4316 (old No. 26- 4721198), on Plot No. 198, in Survey No. 472, admeasurinr 200.00 Sq. yrds, or 167.20 Sq. mtrs, with a Plinth area of l O00 Sq. Feet, RC (_;, situated at Lalwani Nagar, East Anandbagh, Malkajgiri, within the limits c,1 3reater Hyderabad l\rlunicipal corporat on, under Malkajgiri circle and [\,4ancrrl. tvled cha l- l\,4a lkajg iri District, erstwhile lvalkajgiri Municipality and I\,4andal, R,rr ga Reddy District, without insisting No-objection certificate (Noc) from th:: Respondent No.3, pending disposal of the writ petition in the interest of justice Counsel for the Petitioner : M/s BOBBALA JYOTHIRMAI Counsel for the Respondent Nos..t & 2 : SMT S.SRAVANTTI. AGp FOR REVENUE Counsel for the Respondent No.3 : SRI FARHAN AZAM KHATV, SC FOR TELANGANA STATE WAKF BOARD The Court made the following ORDER l I I I THE HONOURABLE SRJ JUSTICE K.SARATH WRIT PETITION No.29417 of 2o25 ORDER: Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader lor Stamps and Registration and Sri Farhan Azarn Khan, learned Standing Counsel lor the Telangana State Wakf Board appearing for the respondents and perused the material on record. With their consent, this writ 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 Sale Deed presented by the petitioner in respect of the Residential IIouse bearing No.24-88/4316 (old No.26-4721198), on Plot No.198, 1n Sy.No.472, admeasuring 200-00 square yards or 167.2O square meters, with a piinth area of 1000 square feet, RCC, situated at La,lwani Nagar, trast Anandbagh, Malkajgiri, within the limits of Greater Hyderabad Municipal Corporation, under Malkajgiri Circle and Mandal, Medchal- SK, J l,r.F No.29417 of 2O2S Malkajgiri District, erstwhile Malkajgiri j\ unicipaiity and Mandai, Ranga Reddy District, the p. i roner filed the present rvrit petitior-r.

3. Learned Assistant Government pleirc er for Stamps and Registration submits that witl_rour presentrng the document, the ltetitioner has approac,r, rd this Court seeking registration of the document. I the petitioner pre sents the samc bclore the Registerin r: authoritv. the respondents rvill receive the same and folioii the procedure as contemplated under Section 71 of the 1908 (for short. ,the Act, 1908J. Iir gistration Act, 4 The Section'/1 of the Act, 190g, reads,,rrfollows: Reasons for refusal to register to be recorr lr:r f ._ (l ) Evcrv Sub-Registrar refusing to .e gister a document. except on the ground that the l)r )perty to which it relates is not situated withir . ris sub_ dis[rict shall make an orcler of refusal antl _ccordcd his reasons for such order in his Book ,i r.2, and cndorse the words .,registration refuser l. on thc docurnent; and, on application made by E j:r person executing or claiming under the clocum,,ri . shall, a sr(, J W,P.No.29477 of 2O25 without payment and unnecessary clelay, give him a copy of the reasons so recorded (2) No registering officcr shall accept for registration a document so endorsed unlcss and unlil, under the provisions hereinalter contlained, the document is directed to be registered. I

5. In viern of the above made submissions coupled with Lhc provision under Section 71 of the Act, 1908, this u'rit petition is disposed of directing the Registering Authority to reccive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as weil as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document prcsented 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. \ w 4 sK,J LV F No,29412 of 2O2S

6. Miscellaneous petitions, if any, pe;:,jing in this writ petition shall stand closed. //TRUE COPY// ASS F ,l ! - C. DEEPIKA REGISTRAR --'7 ION OFFICER

1. The Principal Secretary, (Stanrps and Registration), Si,:c retariat, State of Telangana at Hyderabad.

2. The Sub-Registrar, tvlalkajgiri tVlandal, lr/edchal [\,4alk:r g r District. 3. The Chief Executive Officer, Telangana Wakf Board, l-lu z House, Nampally, Hyderabad.

4. Two CCs to GP FOR REVENUE, High Court for the Sj ,a e of Telangana at Hyderabad. [OUT]

5. One CC to t\4/s BOBBALA JYOTHIRIVAI, Advocate [Ot, ]Cl 6. One CC to SRI FARHAN AZAIV KHAN, SC FOR TELril GANA STATE WAKF BOARD, Advocate (OPUC)

7. Two CD Copies To \ \ SA GJP I ,.|4,. i' 'it ci iti25 \.. HIGH COURT DATED:2510912025 ORDER WP.No.29417 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. LD L0l,//