High Court · 2025

THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 32669 OF 2025 Between: B. Madhu, S/o. B. Shyam Sunder, Aged about 42 years, Occ. e!nP!o.yee, R/o Saptagiri Colony, Tiruhala Nagar, Moula Ali, Nledchal Malkajgir District. ...PETITIONER AND 1 The State of Registration), Telangana, represented by its Principal Secretary (Stamps and Secretariat, Hyderabad. 2. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri District. 3. The Telangana Wakf Board, Rep. by its Chief Executive Officer, Huz House, Nampally,Hyderabad. .- ...RESPONDENTS Petition under Article '226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or direction preferably Writ of Mandamus, declaring the action of the Responderrt No.2, in not receiving, registering and releasing the subject rectification Deed presented in respect of the portion of House No.44- 25148, on part of Plot No.4B, admeasuring 125 Sq. yards or 104.5 Sq. mtrs, out of 347 Sq. yards, survey No.398, situated at Tirumala Nagar, Moula Ali, under GHMC of Malkajgiri Circle ard mandal, Medchal Malkajgiri, is illegal, arbitrary and contrary to provisions of law and violation of Article 300-A of the Constitution of lndia, and consequently clirect the Respondent No.2 to receive, process, regi'iter and release the subject Rectification Deed/ any other deeds that may be presented by the petitioner in respect of the portion of House No.44'25148, on part of Plot No.48, admeasuring 125 Sq. yards or 104.5 Sq. mtrs, out of 347 Sq. yards, survey No.39B, situated at Tirumala Nagar, tt/oula Ali, under GHMC of Malkajgiri Circle and mandal, Medchal Malkajgiri, without insisting No-objection Certificate (NOC) from the Respondent 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 Court may be pleased to direct the Respondent No.2 fcrthwith to receive, process, register and release the subject Rectification Deed/ any other deeds presented by the petitioner in respect of the portion of House No.44-25148, on part of Plot No.48, admeasuring 125 Sq. yards or 104.5 Sq. mtrs, out of 347 Sq. yards, survey No.398, situated at Tirumala Nagar, Moula Ali, under GHMC of Malkajgiri Circle and mandal, t\4edchal IMalkajgiri. without insisting No-objection Certificate (NOC) from the Respondent No.3, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI SUBBA RAO VADREVU 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 WAQF BOARD The Court made the following: ORDER t f I f r f f t t * * -; * * * * * * + rF * t3 * * * * '* * f THE HONOURABLE SRI JUSTICE K.SARATH WRIT PEIITION No.32669 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 Azann 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, registering and releasing the subject rectification deed presented in respect of the portion of House No.44- 25148, on part of Plot No.48, .admeasuring I2S square yards or 104.5 square meters, out of 347 square yards, Sy.No.398, situated at Tirumala Nagar, Moula Ali, under GHMC of Malkajgiri circle and IVIandaI, Medchal-Malkajgiri District, the petitioner fited the present writ petition.

3. Learned Assistant Government preader for stamps and Registration submits that without presenting the l l i 2 document, the petitioner has approached this Court w.p.No.o266s "rilb,j seeking registration of the document. If the petitioner presents the s€une before the Registering authority, the respondents will receive the sarne and follow the procedure as contemplated under section 71 of the Registration Act, 19O8 (for short, 'the Act, 1908)

4. The SectionT l 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 refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" ()n 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 directerl to be registered.

5. Irr view of the above made submissions coupled with the provision under section 71 of the Act, 1908, this writ 3 SK, J W.P.No-32669 of 2025 petitionisdisposedofdirectingtheRegisteringAuthorityto receive,registerandreleasethesubjectdocument'subject to the petitioner comprying with the provisions of the Act' rg0SaswellastheIndianStampAct,lSgg.Itwillbeopen 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 Comrnunicatethesaiddecisiontothepetitioner.Itismade clear that this Court has not expressed arly opinion on meritsofthecaseastotheentitlementofthepetitionerto getthesubjectdocumentregistered.Thereshallbeno order as to costs' , if anY, Pending in this writ

6. Miscellaneous Petitions petition shall stand closed' --....,'.,..-. To, SDI- C. DEEP-IKA AsslsrAili' negsrRAReSECTIOI OFFICER -,ral secretary (Stamps and Registration)' Secretariat' Hyderabad' ,,TRUE COPY" Malkaigiri' Medchal Malkalgiri District' ' IH,JJl,T5;nn'n" 2 The Sub-Registrar' ?TheChief,ExecutiveOfficer'TelanganaWakfBoard'HuzHouse'Nampally' suBBA RA: vADREvu' Advocate toPucl - :::"gil '*' 5. ONE CC tO SRI FARHAN AZAM KHAN' SC FOR WAQF BOARD IOPUC] u ,If"p,:;#f,?,Ii.E:r'*Y# *'o't'*A,oN' Hish court ror the state i i I ,l I I I :

7. Two CD Coptes B^qI qLW --- - -1 :ir * +f \ + * ., C t t t ? a t i a f C t a I a a a c .1 a I a , t * '$ a HIGH COURT DATED:2911012025 ORDER WP.No.32669 of 2025 DISPOSING OF THE WRIT PETITION t WITHOUT COSTS @ b tt r. tA* f.'o ILJ ( i $6rslm *