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 Eastern Part of Residential House bearing No.43-456144, Old No.43-259144, PTI No,1'17'1067350. admeasuring 1 '13.8 Sq yards or 95.13 sq.mtrs, out of 213.8 Sq. yards , Survey No 41711 86 2, Plot No.44, Situated at APSRTC Colony, Ivloula Ali, Malkajgiri under GHI\/C of Malkajgiri Circle and Mandal, Medchal- 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 by the petitioner in respect of the Eastern Part of Residential House bearing No 43-456/44, Old No.43-25gt44, PTI No 1171067i50, admeasunng 113.8 Sq. yards or 95-13 sq.mtrs, out of 213.8 tiq. yards, Srrr"y No.41711 and 2, P ot No.44, Situated at APSRTC Colony, Moula Ali, Malkajgiri under GHMC of Malkajgiri Circle and Mandal, IVledchal-Malkajg iri District, without insisting No-objection Certificate (NOC) from the Respondent N,r.3 lA NO: t OF 2025 Petition under Section 151 CPC praying that in the circurrstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to direct the Respond€,nl No.2 forthwith.to receive, process, registr:r and release the subject Rectificatior Deed/ any other deeds presented by the p€)titioner in respect of the Eastern Parl of Residential House bearing No.43-45il44, Old No.43- 259144, PTI No.1171067350, admeasuring '1 13.8 Sq. yards or ()5.'13 sq.mtrs, out of 213.8 Sq. yards Survey No.41711 and 2, Plot No.44, Situated at APSRTC Colony, Moula Ali, I\4alkajgiri under GHMC of Malkajgiri Circle and Mandal, Medchal-Malkajgiri I)istrict. without insisting No-objection Certificate (NOC) from the Respondent Nc.3, pending disposal of the writ petition in the interest of justice Counsel for the Petitioner : SRI SUBBA RAO VADREVU Counsel for the Respondent Nos. 'l & 2: SMT. S. SRAVANTHI, l\GP FOR STAMPS AND RECJISTRATION Counsel for the Res pondent No.3: SRI FARHAN AZAM KHAN, l;C FOR WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH l WRIT PETITION No.29648 of 2o25 ORDER: Heard Sri Subba Rao Vadrevu, learned counsel for the petitioner and Smt. S.Sravalthi, learned Assistant Government Pleader lor Stamps ald Registration appearing for thc respondent Nos. 1 and 2 and Sri Farhan Azam Khan, learned Standing Counsel for Waqf Board appearing tbr respondent No.3. With their consent, this Writ Petition is disposed ol at thc stage of admission.

2. Aggrieved by the action of respondent No.2 in nct receiving, registering ald releasing the subject rectification Deed presented in respect of the Eastern Part of Residential Housc bearirrg No.43-456144, Old No.43-259144, Pfl No.1 171067350, admcasuring 113.8 Sq.yards (or 95.13 Sq.mtrs) out of 213.8 Sq.yards in Sy.No.4 17 /1 and 2, Plot No.44, situ:rted at APSRTC Colony, Moula Ali, Malkajgiri under GHMC ol Nlalkajgiri Circle and Ivlaldal, Medci-ial- \ilalkajgiri District, the petitioner filed the present Writ Irctiticn. .) -

3. Learned r\ssistant Government Pleader ftrr Stamps and Registralion submits that without presenting the subject docunre nt, the petitioner has approached this Court seeking registration of the said document. If the petitioner presents the same before the Registering authority, the respondents '"dll receive the same and follou, the procedure as contempla'-ed under Section 7l of the Registration Act, 1908 (for short. the Act, 1908').

4. Section l'1 of the Act, 19O8, reads as follows: Reasorrs for refusal to register to be recorded.- (1) Every Sub-Registrar rcfusing to regist:r a document, except on the ground that the prope:'ty to which it relates is not situated within his sub- distric- shall make an order of rcfusal and recorded his reirsons for such order in his Book No.2, and endorse the words "registration refused" on the clocurnent; and, on application made by an\. p()rson executing or claiming under the document, :;hall, without payment and unneccssary delay, gir.e trim a copy o[ the reasons so recordcd. (2) No rcgistering officer shall acccpt for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registercd. \ \ 3

5. In view of the aforesaid submissions coupled with the provision under Section 71, ol the Act, 19O8, this Writ ) Petition is disposed of directing the Registering Authority to receive, register ar-rd release the subject document that may be presented by the petitioner ln respect of the subject property, subject to the petitioner complying with the provisions of the Act, 1908 as r,r,ell 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 sha-ll be no order as to costs.

6. Miscelianeotrs Petitions, if any, pending in this rvrit petition shall stand closed. \ \ S D/-S. MALLIKARJUNA A SISTANT RAR ,TRUE COPY// SECTION OFFICER \ d i !t I I

1. To, The State of Telangana, represenled.by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad 2 The Sub-Registrar, Ivlalkajgiri, Medchal Malkajgiri District' 3 One CC to SRl. SUBBA RAO VADREVU Advocate [OPUC] .I ArA /r /- f^ qPI trAPIIAN ATAIVI KHAN. SC FOR WAQF BOARD ' 5 Two CCs to ()P FOR STAMPS AND REGISTRATION High Court for the State of Telangana. [OUT] 6 Two CD Copies $PVL I I HIGH COURI' DATED:26rciV2025 ORDER WP.No.29648 of 2025 ,/2.". ( J t',1tr \.. t. -lo Z 4 0tr 2[i5 r\' l lt' DISPOSING CF THE WRIT PETITION WITHOUT COSTS A:0r