The High Court · 2025

123 & 1231A (PTIN No. 1170702650). on Plot No. 71, in Sy. Nos. 151 and 15311, comprising of Ground and First Floors, consisting of 1600 Sft, of Buillup area, admeasuring 266.6 Sq. yrds, or 222.O Sq. mtrs, situated at New Vidya Nagar, Neredmet Village, within the limits of Greater Hyderabad Municipal Corporation, IVlalkajgiri Circle and l\,4alkaigiri [t/andal, N,4edcha l-ftrla lkajgiri 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 Sale Deed /any other deeds th et may be presented by the Petitioners in respect of Residential House bearing lr4 rnicipal Nos. 29-123 & 123/A (PTIN No. 1170702690), on Plot No. 71, rn Sy llos. 151 ,and '1 53/1 , comprising of Ground and First Floors, consisting of 160C ilft, of Bu lt-up area, admeasuring 266.6 Sq. yrds, or 222.0 Sq. mtrs. situated at New Vidya Nagar, Neredmet Village, with in the limits of Greater Hyderabad llrrnicipal Corporation, lVlalkajgiri Circle and tt/alkajgiri Mandal, I\,4edchal-Malkzr jlyiri District, without insisting No-objection Certificate (NOC) from the Responden No.3. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cor,;r: may be pleased to direct the Respondent No.2 forthwith to receive, process. r'egister and release the subject Sale Deed /any other deeds presented by the !etitioners in respect of Residential House bearing [Vunicipal Nos. 29-123 and 1231A |PTIN No. 1170702690), on Plot No. 71, in Sy. Nos. 151 and '1 53/1 , r;omprising of Ground and First FIoors, consisting of 1600 Sft, of Built-up arez admeasuring 266.6 Sq.141 1 yrds, or 222.0 Sq Mtrs situated at New Vidya Nac ar, Nerednret Village, with in the limits of Greater Hyderabad Municipal Corporation, Il4alkalgiri Chicle and tVlalkajgiri lt4andal, Medchal-[\,4alkajgrri District, without ir sisting No-objection Certificate (NOC) from the Respondent No.3. pending dispc s:l of the wrrt petition in the interest of justice. Counsel for the Petitioner: Ms. BOBBALA JYOTHIRMAI Counsel for the Respondent No.1 & 2: SMT S.SRAVANTHI AGP FOR STAMPS & REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3O741 of 2025 ORDER: Heard learned counsel for the petitioners and Smt. S. Sravanthi, learnecl Assistant Government Pleader for Stamps and Registration and Sri Farhan Azam Kha::, iearned Standing Counsel lor the Telangana State Wakf Board appearing for the rcspondents 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, registering and releasing the SaIe Deed presented 1n respect of Residcntial House bearing Municipal Nos.29-123 and l23lA (PTIN No.1170702690), on Plot No.71, in Sy.Nos.151 and 153 ll, comprising of Ground and First Floors, consisting of 1600 square feet of Built-up area, admeasuring 266.6 Squzrre Yards or 222.O Square Meters, situated at New Vidya Nagar, Neredmet Village, within the iimits of Greater Hyderabad Municipal Corporation, Maikajgiri Circle and Malkqgiri Mandal, Medchal-Malkajgiri District , the petitioners llied tl-re prcsent writ pctition. , SK, J W.P lro.3o741 of 2O25

3. Learned Assistalt Government Pleal:r for Stamps and Registration submits that without 1>resenting the document, the petitioners have approetc:rr:d this Court seeking registration of the document. If rhe petitioners present the same before the Registering authority, the respondents will receive the same and follo'r, the procedure as contemplated under Section 71 of thc Flc,gistration Act, 1908 (for short, the Act, 1908). 4, The Section 71 of the Act, 1908, reads ,r; follows;: Reasons for refusal to register to be rr:ctilr ,-: 1.- (1) trvery Sub-Registrar rclusing Lo :-cgisrcr :i document, except on the ground that tht. ')l-opcrty tc which it relates is not situaLed r.r'ithrr: his sub district shall make an order of refus:rl an:i recorded his reasons for such order in his Book l o.2 , .rncl cndorse the words "registration re[usi:ri' on the document; and, on application madc bv : r-\, pe rson executing or claiming under thc docum:rrrt, shall, without payment and unnecessarl' dclar,. itive hirTl a copy of the reasons so rccordcd. (2) No registering officer shall accept for r:ristration a document so endorsed unless and r-rntit. undcr thc provisions hereinafter contained, thc d tr..Lmcn1 is <lirected to be registered. 3 sr(, J W.P.No.3O747 of 2O25

5. In view of the above made submissions coupied 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 petitioners 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 asslSnlng reasons ln support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has nol expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered. There sha-Il be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed //TRUE COPY' -SDi.C. DEEPIKA ASSISTANT REGISTRAR G SECTION OFFICER To, I \

1. The Principal Secretary (Stamps and Registration)' Secretariat' Hyderabad' State of Telangana.

2. The Sub-Registrar, tvlalkajgiri Mandal lr'4edchal Malkajgiri District' 3. The Chief Executive Officer' Telangana Wakf Board' Huz House' Nampally' Hyderabad. ,;,

4. One CC to IVs BOBBALA JYOTH|RMAI, Advocate [OpLl(:] 5, One CC to SRI FARHAN AZAIV KHAN, SC FoR WAKF ]]()ARD toPUC] 6. Two CCs to Gp FOR STAMP^S q REG|STRAT|ON, High I ourt for the State '--'- 7. fwo CD Copies of Tetangana at Hyderabad tOUTi BSR BS HIGH COURT DATED: 1011012025 ORDER WP.No.30741 of 2025 /.- ,4.:. ()!' -_._.SS. I ia) I I 1; 2t |ET 2w , .,/ //.. ' :,t. ..., -.- - '. t l.nt-- -a -.:-_-:t-:-- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS o\ 10