The High Court · 2025
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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 a writ or order or direction more particularly in the nature writ of mandamus declare the in action of the Respondents 2nd not receiving the document presented by the petitioner for the residential house bearing H.No.29- 14311, PTI No. 1170702715 on Plot No. 89, in.survey No. 151, to an extent of 266 sq.yards or 222.37 sq.mtrs, consisting of Ground Floor with a plinth area of 1670 sq.ft of RCC roof situated at New Vidya Nagar Colony, Neredmet, Malkjaigiri, within the limits of GHMC, under Malkajigiri circle and Mandal, Malkajigiri- Medchal District is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 300-A of Constitutional of lndia and consequently direct the 2nd Respondent to entertain the registration of the Sale Deed to receiye, to processes , to register and release the document presented by the petitioner without insisting no-objection certificate (NoG) from the 3d Respondent lA NO: 1 OF 20?S Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondent No.2nd herein to consider documents filed by the petitioner herein pertaining to the residentiar house bearing H.No.29- 143t1, pTr No. 1170702715 on prot No. g9, in survey No. 1s1, to an extent of 266 sq.yards or 222'37 sq'mtrs, consisting of Ground Floor with a plinth area of 1670 sq.ft of RCC roof situated at New Vidya Nagar colony, Neredmet, Malkjaigiri, within the limits of GHMC' under Malkajigiri circle and Mandal, Malkajigiri-Medchal District in favour of the vendee. counselfor the petitioner : sRr DANTU VENKATA RAMANA SARMA counsel for the Respondent Nos. 1 & 2: sMT. s. SRAVANTHT, AGp FoR STAMPS AND REGISTRATION counselfor the Respondent No.3: sRr FARHAN AZAM KHAN, sc FoR WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.295O6 of 2O25 ORDER: Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azam Khan, learned Standing Counsel for 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 the document presented by the petitioner in respect of the Residential House bearing H.No.29 -L431 l, Frll No. 1 I7O7O27 15 on Plot No.89, in Sy.No. 15 1, to an extent of 266 square yards or 222.37 square meters, consisting of Ground Floor with a plinth area of L67O square feet of RCC roof situated at New Vidya Nagar Colony, Neredmet, Malkajgiri, within the limits of GHMC, under Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, the petitioner filed the present writ petition. 2 w.p.No.2eso6 .fZfLrS 3. Lea.ned Assistant Government preacler for starnps and Registration submits that without presenting the documenl-, the petitioner rras approached this court seeking registration of the document. If the petitioner presents the sarne before the Regist-ering authority, the respondents will receive the sarne and follow the procedure as contem.plated under section T r of the Registration Act, 19O8 (for short, 'the Act, 1908). 4 The Section 7L of the Act, 1908, reads as follows: Reasons for refusal to register to be recorcled._ (1) Dvery Sub-Registrar refusing to register a document, except on the ground that the property to wh:ch it relates is not sit.uated rvithin his sub_ district shall make an order of refursar and recorded his reasons for such order in his Book No.2, and endorse the words ,,registration refused,, on the document; and, on application made by any person executing or claiming under the documcnt, shall, without payment and unnecessary delay, give him a cop5r of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. 3 sI<, J W.P.No.29SO6 oJ 2O25 5 In view of the above made 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, 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. //TRUE COPY/ '*iI8EFiNYf;EAEFRRX / 6 SECTION OFFICER To,
1. The Sub-Registrar, Malkajigiri' Mlakaiigiri/Medchal District' 2. one cc to sRl' DANru VENKATA RAMANA SARMA oo'::1t: IoPUC] 3. One CC to SRI FARHAN AZAM KHAN' SC FOR WAKF BOARD .-' 4.TwoCCstoGPFoRSTAMPSANDREG|STRAT|oN,HighCourtforthe iLi";i;'iangana' tourl s. Two CD CoPies ($' - , I L I I L I ? HIGH COURT DATED:2510912025 ORDER WP.No.29506 of 2025 S I7'TE 3 11 tlt'l t ri..1 i',r' DISPOSING OF THE WRIT PETITION WITHOUT COSTS (A- \v U\