Jayanthi Ram Prakash v. 1. The State of Telangana

t .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the af,idavit filed therewith, the High Court may be pleased to i$sue a writ or direction more particularly in the nature of writ of mandamus declaring the action of 2nd respondent in nolleceiving the document presented in respect of my property bearing H.no.7-52l6/1,(PT|N.1170200672) (Old.NO.7-52t14) on plot no.14, admeasuring195.5 Sq.yardsorl 63.47 Sq.Mtrs in survey no.32and33 consisting of Ground Floor and First Floors with plinth area of 1500 Sq.Feet situated at Bala Saraswathi Naiar, Malkajgiri under Malkajgiri circle GHMC, Malkajgiri Mandal, tMedchal-t\Ialkajgiri District Telangana though the said belongs to the petitioner and their predecessors in title as illegal , highhanded and cannot be justified in the eye of law and consequently property arbitrary direct the 2nd respondent to receive the document and register the same presented by the petitioner for registration and release the same to the petitioner in the interest of justice. |.A.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 Court may be pleased to direct the 2nd Respondent to receive the document presented by the petitioner in respect of property bearing H.No.7-52l6/1,(PT|N.1170200672) (Old.NO.7-52114) on plot no.14, admeasuring195.5 Sq.yardso1163.47 Sq.Mtrs in survey no.32and33 consisting of Ground Floor and First Floors with plinth area of '1500 Sq.Feet situated at Bala Saraswathi Nagar, Malkajgiri under Malkajgiri circle GHMC, Malkajgiri [Vandal, tMedchal-lvlalkajgiri District Telangana, register and release the same forthwith in the interest of justice. Gounsel for the Petitioner : SRI CH.SRINIVAS Counsel for the Respondent Nos.1 & 2 : AGP FOR REVENUE Counsel for the Respondent No.3 : SRI FARHAN AZAM KHAN, SC FOR TELANGANA STATE WAKF BOARD The Court at the stage of admission made the following ORDER , r".. . ,'1t '!' ' ' - :- - :: :r-::rq*ihtit"*: ''! .t- .t*a3.,i ,} +* l.r ,I;.:i _;l;i ,Gt :\ : ',i:.:... .{tmP*' :f;;,' THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3O773 of 2o.25 ORDER: Heard learned counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azan 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.2 in not receiving the document presented in respect of the property the petitioner bearing H No.7-52 /6 / L, (PTIN. rL7O2OO672l (Old No.7-52 I L4l on Plot No.14, admeasuring 195.5 Square Yards or 163.47 Square Meters in Survey Nos.32 and 33 consisting of Ground Floor and First Floors \Mith plinth area of 15OO Square Feet situated at Bala Saraswathi Nagar, Malkajgiri under Malkajgiri circle GHMC, Malkajgiri Mandal, Medchal-Malkajgiri District , the petitioner filed the present writ petition. 2 SK, J W.P.No.3O773 of 2025

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the document, the petitioner have approached this Court seeking registration of the document. If the petitioner present the sarne before the Registering authority, the respondents will receive the sarne and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908).

4. The Section 77 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub- district shall make an order of refusat ,r3 recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until. under the provisions hereinafter contained, the document is directed to be registered. 71 SK, J W.P.No.3O773 of 2025

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 asslgnlng 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 shall stand closed. //TRUE COPY// SD/. U. SUDHA STANT REGISTRAR SECTION OFFICER To 1

2. State. 3. tne 6nairman, Telangana State Waqf Bgard, 1't Floor, Razzack l/lanzil, rvleocr'J'M,iikbigiri oTrtiiit-opp. Fuoiic Gardens, Hajj House Ln. Fateh Maidin, t tampaiiy, Hyderabad'lelaryana 50000 1' 4. r*o ccs 6 di ron iEvENur, Hig-h Court for the State of Telangana at V B: $[{ifiifliflt1flilH}t#,1rffil"=BFxlr,=, ^NGANA srArE *AKF l.\-- fu**,"".,, SA ,oQJ..F*t ., ...**,r,. ", ,, .+-*dt HIGH COURT DATED i1011012025 I 1 nE STa 14: 21t{0\J ?0fr * DEspar *- I ( ,( t, t ).i L. 'i .:t :,, I r. : *t* G*st *!T { iF, l : I I ? 1 l I T,. t- T L. FI lr. I t , ORDER , WP.No.30773 of 2 ,'|., .";r. " . rr.1ii :. . Xb. -: **r .:tfff -.rr##,;: 1;;ffi'. *#f,. ; :,ffi ;,,to-:ri*fi,' ' -"'-rry ,tnid# .. u-*. ::_r'.1' .'IEl 'I" .l#, I"r:':' l*i.I;'.' .:.r:'..: f ... . i*-l .J,:. . .11. . - , 1'"i. -.i l' i DISPOSING OF THE :. i;c* -,t't::d:ffi TAGE r- *. i: .-.' i!;: T COSTS a ' 4r1* ' .irq$J" 1:..'-"'.,... i l aY< l* e*-a,: ;,i.i:*;,i l?{ ' : ,si*#t&ffiffi=l :ffiffi,':1.$,fr;:;,*: , .i{rr:r i.i .. ,rr': . r-.;'.' :'ffi* t .ff €