The High Court · 2025

Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue Writ or direction preferably Writ of Mandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the subject release Deed presented in respect of 2/3'd share in House Property bearing municipal No.26-4721250, on plot No.250 in Survey No 472, admeasuring 220 Sq. Yards or 183 Sq. mtrs, Situated at Lalwani nagar, East Anandbagh, Malkajgiri, under GHMC of Malkajgiri, Medchal - Malka.jgiri District. is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the subject release Deed/ any other deeds that may be presented by the petitioner in respect of 2/3'd share in House Property bearing municipal No.26-4721250, on plot No.250 in Survey No.472, admeasurrng 220 Sq. Yards or 183 S,1 mtrs, Situated at Lalwani nagar, East Arrandbagh, Malliajgrrr, under cHMC o' [/alka.igiri, Medchal - Malkajgiri District ' ithout insisting No- objection Certificate (NOC) from the Respondent No.3. lA NO: 1 OF 2025 Petition urrder Section 15'1 CPC praying that in the cirr:umstances stated in the affidavit filec in support of the petition, the High Court may be pleased to direct the Respondent No.2 forthwith to receive, process, register and release the subject Release Deed/ any other deeds presented by the p€,titioner in respect of 213'd share in H )use Property bearing municipal No.26-472|250, on plot No.250 in Survey No.472. admeasuring 220 Sq. Yards or 183 S,1. mtrs, Situated at Lalwani nagar East Anandbagh, Malkajgiri, under GHMC of N/alkajgiri, ttiledchal - Malkajgiri District without insisting No-objection Certificate (NOC) from the Respondent No.3 pending disposal of the writ petition in the interest of justice. Counsel for tlre ['etitioner : SRI SUBBA RAO VADREVU Counsel for the Flespondent Nos. I & 2: SMT. S. SRAVANThI, AGP FOR STAMPS AND REGISTRATION Counsel for the Ftespondent No.3: SRI FARHAN AZAM KHA|l, SC FOR WAKF BOARD The Court made the following: ORDER ---------v t THE HONOURABLE SRI TIUSTICE K.SARATH WRIT PETITION No.29874 of 2Q25 ORDER: Heard Mr. Subba Rao Vadrevu, learned counsel for the petitioner, Ms. S.Sravanthi, learned Assistant Government Pieader for Stamps and Registration appearing for respondent Nos. 1 & 2 and Mr. Farhan Azarn Khan, learned Standing Counsel for Wakf Board appearing for respondent No.3. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the inaction of the Respondent No.2 in receiving, registering and releasing the Release Deed presented 1n respect of 213,a share in House Propert5r bearing municipal No.26-472125O, on plot No.250 in Survey No.472, admeasuring 22O Sq.Yards (or 183 Sq.Mtrs), situated at Lalwani nagar, East Anandbagh, Malkajgiri, under GHMC of Malkajgiri, Medcha.l-Malkajgiri District, the petitioner filed the present writ petition. 2 =-

3. Learnecl Assistant Government Pleader lor Stamps and Registrtlion submits that without pre:;enting the subject do<:ument, the petitioner has approacherl this Court seeking registration of the said document. If the petitioner present the -same before the Registering authority, the respondents will receive the same and follow thr: procedure as contemplatr:d under Section 71 of the Regis'ration Act, 1908 (for short, the Act, 1908').

4. The Secr ion 71 of the Act, 19O8, reads as follows: Reaso ts for refusal to register to be recorded.- (1) Euery Sub-Registrar refusing to register a docurrLent, except on the ground that the property to which it reiates is not situated within tris sub- district shall make an order of refusal and recorded his reirsons for such order in -his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any p(:rson execut ng or claiming under the document, rihall, without payment and unnecessary delay, give bim a copy ol the reasons so recorded. (2) No registering officer shall accept for registratron a docurent so endorsed unless and until, unde:- the provisir>n s hereinafter contained, the documerrt is direc terl ro be registered. I

5. In view of the above made submissions coupled with the provision under Section 71 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 sha,ll stand closed. SD/-S. MALLIKARJUNA RAO ASS ISTANT REGISTRAR \ To, i/TRUE COPY/i CTION OFFICER \ The State of Telangana, represented by its Principal Secretary (Stamps and Registration). Secr6tariat Hyderabad' The Sub-Registrar, tVlalkajgiri' Medchal Malkajgiri District. One CC to SRl. SUBBA RAO VADREVU Advocate [OPUC] 1 2 3 , 4 One CC to SIII FARHAN AZAM KHAN, SC FOR WAKF BOARD 5 Two CCs to (iP FOR STAMPS AND REGISTRATION ,Hig,r Court for the State of Telarrgana. [OUT] 6 Two CD Copi,:s A) opvt fX2*, -r'\ \ HIGH COUR'T DATED:26 t01tt2025 ORDER WP.No.29874 ol 2025 - -:-_--:-s : 1-. Cil a-- i' .a) L) 24 0tr ilffi .i ,l -\ ,/ f..-'n, - a.v'r('\ );7 -'7 I / DISPOSING O[: THE WRIT PETITION WITHOUT COSTS