✦ High Court of India · 30 Oct 2025

ll-!i",y"lli;e,'J,S:"-',Sl1 v. The State of Telangana' represented by its Principal Secretary (Stamps

Case Details High Court of India · 30 Oct 2025
Court
High Court of India
Decided
30 Oct 2025
Length
1,295 words

Petition under Article 226 of the Constitution of lndia praying that in the filed therewith' the High Court may be circumstances stated in tftu pleased to issue Writ or li'"t''on preferably Writ of Mandamus' declaring the action of the Respondent No.2, in not receiving, registering and- rereasing the Semi-FinisheJ Flat bearing No 20f in Second Sale Deed presented in '"tp"tiof Floor of TRIKOTESHWARA SHIVANSH ELITE' on Municipal premises No 29- 123 and 1231A. on ptot uo Zf, in Survey Nos 151 and 153/1 ' with a plinth area 1750 sq.feet, including *,,on and car parking), along with proportionate undivided share of rand admeasuring 66.66 sq.yards or 5s.72 sq.mtrs, out of total land admeasuring )to O Sq'V"ds' situated at NEW VIDYA NAGAR' Neredmet Village, witn in ttre limits of Greater Hyderabad Municipal Corporation' Malkaigiri Circle and fvf'X"igir.i tvtandat' Medchal-.Malkaigiri District' is illegal' arbitrary and contrarv to ;';;;i";; of law and..violation of.Article :'.t--|^:ll" constitution of lndia, and consequenfly direct the Respondent No.2 to recerve, process, register and release Sale Deed /any other deeds that may be presented ; * * * * ; * } + * * l 3 * } + l}, *' * *a o ) by the Petitioners in respect of semi-Finished Flat bearing No'20f in second Floor of TRIKOTESH\ /ARA SHIVANSH ELITE, on Municipal premises No' 29- 123 and 123tA,on Plor No71, in survey Nos. 151 and 153t1, with a plinth area 1750 sq.feet, inclucling common 84 cat parking), along with proportionate undivided share of land admeasuring 66.66 Sq.yards or 55'72 Sq'mtrs' out of total land admeasurirg 266.6 Sq.yards, situated at NEW VIDYA NAGAR' Neredmet Viilage, with in the rimits of Greater Hyderabad tVrunicipar corporation, Malkajgiri Circle and Malkajgiri Mandal' Medchal-Malkajgiri District' without insisting No-objection (;ertificate (NOC) from the Respondent No'3' IAN O:1OF PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavit filed in ;upport of the petition, the High court may be pleased to direct the Respondent No.2 forthwith to receive, process' register and release the subject sate Deed /any other deeds presented by the Petitioners in respect of semi-Finished Flat bearing No.201, in second Floor of "TRIKoTESHWARA SHIVANSH ELITE", or Municipal premises No. 29-123 & 123tA, on Plot No'71' in survey Nos. 151 anrl 153t1, with a plinth area1750 sq'feet, including common & car parking), along with proportionate undivided share of land admeasuring OO^OO iq.Vrri. or 55.1'2 Sq.mtrs, out of total land admeasuring 266'6 Sq'yards' situated gat NEW VlD.',A NAGAR, Neredmet Village, with in the limits of Greater Hyderabad Municipal corporation, Malkajgiri circle and tvlalkajgiri Mandal' tr/ledchal-trlalkajgiri District, u'ithout insisting No-objection certificate (NOC) from theRespondentNo.3pendingdisposalofthewritpetitionintheinterestof justice. CounselforthePetiticner:Ms.BoBBALAJYoTHIRMAI Counsel for the Respc ndent No'1 & 2: SMT S'SRAVANTHI' AGP FOR STAMPS & REGISTRATION CounselfortheRespc,ndentNo.3:SRIFARHANAZAMKHAN, SC FOR WAQF BOARD The Court made the fc llowing: ORDER t F l} ; 3 *t .6 * +c .F !*. } *t .F, * * * -* * * * THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3283L of 2025 ORDER: Heard Ms. Bobbala Jyothirmai, Iearned counser for the petitioners, smt. S. sravanthi, learned Assistant Government Pleader for stamps and Registration 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. Aggricvcd by the action of respondent No.2 in not receiving, registering aurd releasing the Sale Deed presented in respect of Semi-Finished Flat bearing No.201, in second Floor of rrikoteshwara shivansh Elite, on Municipal premises No.29-L23 and l23lA, on Plot No.71, in Survey Nos. 151 and 153/ 1, with a plinth area 1750 Sq. Feet, (including common and car parking), along with proportionate undividcd share of land admeasuring 66.66 Sq. Yards (or 55.72 Sq. Meters), out of total land admeasuring 266.6 Sq. Yards, situated at New Vidya Nagar, 2 - x Neredmet Village, within the limits of Greater Hyderabad Municipal corporation, Malkajgiri circle and Malkajgiri Mandal, lvledchal-Malkajgiri District, the petitioners filed the preserLt Writ petition.

3. Learrred Assistant Government preader for stamps and Regisrtration submits that without presenting the subject dc,cument, the petitio.ers have approached this court seel:ing registration of the said document. If the petitioners present the same before the Registering authority, t he respondents v'ill receive the sarne and folrow the proced rre as contempratecl under section z r of the RegistratiorL Act, 190g (for short, .the Act, 19og). 4 The Scction Zl of the Act, lg,g, reads as follows: I?e.a:;ons for refusal to register to be recorded._ (1) Euery Sub-Registrar refusing to register a doanment, except on the ground" that the propertg to whic\ it relates is not situated within his sub-district shall make an ord.er of refusal and rec.ord.ed hf rea.sc,ns Jbr such order in his Boolc No.2, and end"orse the t,.sords "registration refuseci,, on the elocument; ancl, ln applicatiort made by any person executinq or 't i I t 3 claiminq under the document, shall, without payment and unnecessary delay, giue him a copA of the reasons so record"ed. (2) No registering offi.cer shalt accept for registration a document so endorsed" unless and. until, und.er the prouisions hereinafter contained", the document is directed to be registered.

5. In view of the aforesaid submissions coupled with the provision under Section TL of the Act, 190g, this writ Petition is disposed of directing the Registering Authority to receive,- 'register and release the subject document in respect of the subject property, subject to the petitioners ( ( complying with the provisions of the Act, 19og as well as the Indian Stamp Act, r 899. It will be open to the Registering Authority to refuse the document presented before him, if he has an), objection, by duly assigning reasons in support o[ such decision and communicate the said decision to the petitioners. It is made clear that this court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered. Therc shall be no order as to costs. .-- r- 4 \ -i Miscel aneous Petitions, if any, pending in this Writ Pctition, shirll stand closed. /,TRUE COPY// SD/.C. DEEPIKA ASSISTANT REGISTRAR G SECTION OFFICER I \ to',l. a,'," Principal Secretary (Stamps and Registration)' Secretariat' Hyderabad' State of Telangztna'

2. The Sub-Regrst ar, Malkaigiri Mandal' Medchal Malkajgiri District' 3. The Chief Executive Officer' Telangana Wakf Board' Huz House' Nampally' Hyderabad

4. One CC to Ms. IOBBALA JYOTHIRMAI' Advocate IOPUCI 5. One CC to SRI FARHAN AZAM KHAN' SC FOR WAOF BOARD IOPUCI 6. Two CCs to GF' FOR STAMPS & REGISTRATION' High Court for the State " oiT"6ns""a at HYderabad [oUT] 7. Two CD CoPies t BSR \,y l$ * * o * * * o * o t ; * G * * *o * * r 0 *l * * O * c t * t I t t I s i t t: i I HIGH COURT :\.- DATED:30/1b(1025 l l ORDER WP.No.32831 of 2025 oR l ttE- S f4 I6: ( :,'-\ B E t'i01j zth i ti( > DISPOSING OF THE WRIT PETITION' WTHOUT CIfSTS 5 [\l

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