Smt v. The State of_ Telangana

Counsel for the Petitioner: SRI S.SURENDER REDDY Counsel for the Respondent No.1 to 3: SMT S.SRAVANTH , AGP FOR STAMPS & REGISTRATION Counsel for the Respondent No.4: SRI FARHAN AZAM Kl-lAN, SC FOR WAKF The Court made the following: ORDER THE HONOURABLE SRT JUSTICE K.SARATH WRIT PETITION No.29478 of 2o25 ORDER: Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azatn 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 3 in refusing to receive, register and release the Sale Deed in the Residential House bearing rcspect of No.29-1382/21123 on Plot No.l23' io Sy'Nos'289, 290' 2g2, 2g3,294 (parts) and full Sy.Nos'291, 306 and 309 admeasurin g g2l squa-re yards with a built up area of 538.20 square feet situated at J'K'Colony, Neredmet' Malkajgiri, under Malkajgiri Circle and Mandal, within the limits of GHMC, Medchal-Malkajgiri District, the petitioner filed the present writ Petition \ .) S}(, J W' P.No.29478 of 2O2S

3. Learn,:d Assistalt Government plr.rCer for Stamps and Regisl.ration submits that withour presenting the docurnent, the petitioner has approar l.:ed this Court seeking re5lr stration of the document. r I the petitioner presents th c same before the Registerir.lr authority, the respondents; will receive the same and folli,rv the proceclure as contemplated under Section 71 of the Registration Act. 1908 (for short, ,the Act, 190g,). 4 The Se,:tior-r 7l of the Act, 190g, reads; as follows: Rcas:r-rs lor rcfusal to rcgister to be recot :,:d._ (1) llvcn- Sub Registrar refusing to r.cgister a docu]-rcnt, cxcept on the ground that th( F,roperty to which it relates is not situated withi,r his sub_ district shall make an order of refusal a, c recorded his r,:asons for such order in his Boo] Vo.2, and endor s;e the words ,.registration refusr c[,, on the docurrLcn t; zrnd, on application maclc by lny person execu ting or claiming under the docur r:nt, shall, witho:l payment and unnecessary delay. 11ive him a cop-,,, o;'the reasons so recorded. (2) No registcring oflicer shall accept for :.;listration a docrrment so endorsed unless and until Lrnder the provisions hereinafter contained, the dc,:ument is diret:tt:d to be registered. ---j--7 t 5 In vieu, of the above made submissions coupled with the provision under Section 7l of the Act, 1908, this writ w.P.No.2e478 "r25b{ 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 clcar 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. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// To, '1 . The Secretary, Revenue (Stamps and Registrati Hyderabad, State of Telangana. d P. PONNA KRISHNA ISTANT REGISTRAR SECTION OFFICER Department, Secretariat,

2. The District Registrar, Medchal Malkajgiri District. 3. The Sub -Registrar, trlalkajgiri, Medchal Malkajgiri District' 4, The Chairman, Telangana State Wakf Board, Nampally, Hyderabad' 5. One CC to SRI S.SURENDER REDDY, Advocate [OPUC] 6. One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF [OPUCI T.TwoCCstoGPFORSTAMPS&REG|STRAT|ON,HighCourtfortheState of Telangana at Hyderabad [OUT]

8. Two CD CoPies HIGH COURT SKJ DATED:2510912025 r: f, i,iT lfiffi \. ,, \.'r,\-l ' ,r: '-:,:-:' ORDER WP.No.29478 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ Vl \.^-