High Court · 2025

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 [\landamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the Gift Deed presented in respect of Residential House bearing No.2g-1 44otJKtst1, Old No'30-259142, on prot No.s7lB part, in Survey Nos.2g1 , 2gg & 2g4,admeasuring 150.00 sq.yards or 12s.42 sq.mts, situated at J.K.coLoNy, Kakateeya Nagar, Neredmet' with in the limits of Greater Hyderabad Municipal corporation Malkajgiri circle and Malkajgiri Mandal, Medchal-Malkajgiri District, is illegal, arbitrary and contrary to provisions of law and violation of Article 300-A of the constitution of lndia, and consequently direct the Respondent No.2 to receive, process' register and release Gift Deed /any other deeds that may be presented by the Petitioner in respect of Residential House bearing No.2g- 144olJKtst1, old No.30-2sgt42, on prot No.S7lB part, in survey Nos.2gl , 2gg & 2g4, admeasuring 150.00 Sq.yards or 12s.42 sq.mts, situated at J.K.CoLoNy, Kakateeya Nagar, Neredmet, with in the limits of Greater Hyderabad trlunicipal Corporation Malkajgiri Circle and Malkajgiri Mandal, Medchal-Malkajgiri District, without insisting Nc -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 Respond-'nt No.2 forthwith to receive, process, register and release the subject Gift Deed /any other deeds presented by the Petitioners in respect of Residential House bearing No.29- 144OlJKl1l1, Old No.30-259/42, on plot No.57lB Part, in survey Nos.2B1 ,2Bg and 2g4, admeasuring 150.00 Sq.yards or 125.42 sq.mts, siturted at J.K.coLoNy, Kakateeya Nagar, Neredmet, with in the limits of Greattrr Hyderabad Municipal Corporation Malkajgiri Circle and lMalkajgiri Mandal, Medchal-Malkajgiri District, without insisting No-objection Certificate (NOC) fro'n the Respondent No.3, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: Ms. BOBBALA JYOTHIRMAI Counsel for the Res[rendsnt 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 f rllowing: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT No.32891 of 20.25 ORDER: Heard Ms. Bobbala Jyothirmai, learned counsel for the petitioner, 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. Aggrieved by the action of respondent No.2 in not receiving, registering and releasing the Gift Deed presented in respect of Residential House bearing No.2g-L44O/JKl5/ 1, Old No.3O-2 59 /42, on Plot No.57/B Part, in Survey Nos.28 l, 289 and 294, admeasuring 150.00 Sq. Yards (or 125.42 Sq. Meters) situated at J.K-Colony, Kakateeya Nagar, Neredmet, within the limits of Greater Hyderabad Municipal Corporation Malkajgiri Circle and Malkajgiri Mandal, Medchal-Malkajgiri District, the petitioner filed the present Writ Petition. b. 2

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the subject do<:ument, the petitioner has approached this Court seeking re5;istration of the said document. If the petitioner presents the s€une before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908).

4. The Sr:ction 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Euery Sub-Registrar refusing to register a d<>cttment, except on the ground that the property to whil:h it relates is not situated within his sub-district shall. make an order of refusal and recorded his ree"sons for such order in his Book No.2, and endorse the tuord.s "registration refus,ed"" on the d.oanment; an.d, on application made by any person executing or claining under the doanment, shall, without pagment and unnecessary delay, giue him a copA of the reas,)ns so recorded. (2) Nt registering officer shall accept for registration a doanment so endorsed unless and until, under the prctutsions hereinafter contained, the doanment is direcled to be reqistered. 5- In view of the aforesaicl submissions coupled with the provision und.er Section 7l of the Act, 1908, 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 petitioner c.omptying with the provisions of the Act, 1908 as well as ' Act, 1899. It will be open to the the Indian Stamp 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 atty 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. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// Sd/-A.SREE NIVASA RE DDY ASSISTANT OFFICER To, 1 The Principal Secretary (Stamps and Registration), Secretariat, Hyderabad, State of Telangana. The Sub-Registrar, IMalkajgiri Mandal, Medchal Malkajgiri District. 2 3. The Chief Executive Officer, Telangana Wakf Board, Huz House, Nampally, Hyderabad.

4. One CC to Ms. BOBBALA JYOTHIRMAI, Advocate [OPUC] 5. One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD [OPUC] 6. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies w HIGH COURT DATED:30111t12025 ORDER No.32 1 o12025 ,Kd" ' ,,'i'4 6 il[lJ lG I z ,.) \ SPATCH * DISPOSING OF THE WRIT PETITION, WITHOUT CO:}TS 6 tlI o?A