High Court · 2025

.,.RESPONDENTS Petition under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction more particurarry one in the nature ot writ of Mandamus' to the action of the 3rd respondent in refusing to receive, register and rerease the sare Deed in respect of residentiar prot no. 3g in sy_ No. 289 and 290, admeasuring 80 Sq.yrds (out of '160 sq.yrds), situated at J.K. colony, Neredmet, Markajgiri, under Markajgiri circre and Mandar, within the limits of cHMC, Medchal Malkajgiri District, as iltegal, arbitrary, against the provisions of Registration Act and against the setfled principres of raw and consequenfly direct the 3rd respondent to receive, register and rerease the sare Deed in respect of residentiar prot no. 39 in Sy.No. 289 and 290, admeasuring B0 Sq yrds (out of 'r60 sq.yrds), situated at J.K. corony, Neredmet, Markajgiri, under Malkajgiri Circle and [tilandal, within the limits of GHM(, Ir/ledchal Malkajgiri District, in the interest rf Justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying ihrt in tf," ;ircumstances stated in the affidavit filed in support of the petition, the High Corrt may be pleased to direct the 3rd respondent to forthwith receive, register and rtl:ase the Sale Deed in respect of residential plot no.39 in Sy.No. 289 and l:90, admeasuring B0 Sq.yrds (out of 160 Sq.yrds). situated at J.K. Colony, Nered,r,:t, lvlalkajgiri, under Malkajgiri Circle and Mandal, within the limits of GHMC Medchal lVlalkajgiri District, in the interest of Justice, pending disposal of main \//rit Petition. Counsel for the Petitioner: SRI S.SURENDER REDDY Counsel for the Respondent No.1 to 3: SMT S.SRAVANTHI, AGP FOR STAMPS Ii REGISTRATION Counsel for the Respondent No.4: SRI FARHAN AZAM KH,t,,ll, SC FOR WAQF BOARD The Court made the following: ORDER W n THE HONOURABLE SRI JUSTTCE K.SARATH WRIT PETITION No.29552 of 2o25 ORDER: Heard Sri S.Surender Reddy, learned counsel for the petitioner and Smt. S.Sravalthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 3 and Sri Farhan Azarn Khan, learned Standing Counsel for Waqf Board appearing for respondent No.4. With their consent, this Writ Petition is disposed of at the stage of admission.

2. Aggrieved by the action of the respondent No.3 in rcfusing to receive, register and release tl-re Sale Deed in respect of residential Plot no.39 1n Sy.Nos.2B9 and 29O, admeasuring 80 Sq.yards (out of 160 Sq.yards), situated at .I.K. Colony, Ne::edmet, Malkajgiri, under Malkajgiri Circle and Ma;rdal, within the limits of GHMC, N{edchal-Malkajgiri District, the petitioner filed the pr<:sent Writ Petition.

3. Learned Assistant Government Pleader for Stamps and Registrartion submits that without presenting the subject document, the petitioner has approached this Court o r! '.1 seeking registration of the said document. .f the petitioner presents the same before the Registerinrl authority, the respondents ',vi11 receive the same and iolkru. the procedurc as contempiated under Section 71 of the lt,:gistration Act, 1908 (lor sho't, 'Lhe Act, 1908).

4. Section 'l 1 of the Act, 1908, reads as follows: Rcasons for refusal to register to be recor, k:cl.-- ( 1) E.rery Sub-Registrar refusing to register a docurrent, except on the ground that thc l)roperty to rvhich it rclates is not situated withi r hrs sub_ distric shall make an order of refusal a r: recorded his reasons for such order in his Bool, l\,1o.2, and endorsc the words "registration refusr,:l', on the document; and, on application made by uly person exccuL ug or claiming under the docur r:nt, shall, without payment and unnecessary delay. give him a copy ol the reasons so recorded. (2) No registering officer shall accept for rr:gistration a docllment so endorsed unless and until r_rnder the provisions hereinafter contained, the dt r:umcnt is directe,-l to be registered.

5. In view of the aforesaid submissions coupled with the provision under Section 77 of the Act, ,gog, this writ Petition is disposed of directing the Register,ng Authority to receive, register and release the subject docr roent that may 3 be presented by the petitioner in respect of the subject property, 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 sha-Il be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this vr.rit petition shall stand closgd, /ITRUE COPY// sd,- P. PONNA KRISHNA ISTANT REGISTRAR SECTION OFFICER To, epartment, Secretariat, ,1 The Secretary, Rev,enue (Stamps and Registration Hyderabad, State of I elangana' The District Registrar, Medchal Malkajgiri District' The Sub -Registrar, Malka.lgiri' Medchal Malkajgiri District' The Chairman, Telangana State Wakf Board' Nampally' Hyderabad' One CC to SRI S SURENDER REDDY' Advocate [OPUC] One CC to SRI FARHAN AZAM KHAN' SC FOR WAOF BOARD IOPUCI Two CCs to GP FoR STAMPS q REGISTRATIoN, High Court for the State oi%ir^gu;, ,t HYderabad [oUT]

2. J, 4 A 6 7 B. Two CD CoPies BSR HIGH COURT SKJ DATED: 2610912025 ORDER WP.No.29552 of 2025 --.-- ::-- :i [tI 265 l'. 4,. \ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \\