The High Court · 2025

' Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or Direction more particularty 6'ne in the nature of writ of Mandamus, declaring the inaction of the 2nd Respondent in not receiving the document presented by the petitioner for the property bearing Flat No. .r 02, consisting of 1035 sft in 1st Floor of Usha Bharani Apartments including all common areas and together with 100 sq ft of earmarked car parking place in the parking area provide thereto, along with undivided share of,iJnd to an extent of 3g sq. yards or31..76.96 sq meters (out of 7OO sq. yards) in plot No. 43 and 44 (part) in survey Nos.3 359/1 and 3s9/3 in M No. 42-74gl4a and 44lF-102 (ord No.42- 421349143) situated at sardar patel Nagar, Moulali within the limits of GHMC of Malkajgiri circle and Mandal, Malkajgiri / Medchal District is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 3oo-A of Constitution of lndia and consequently direct the 2nd respondent to receive, process, register and release the sale deed presented by the petitioner without insisting no-oblection certificate (NOC) from the 3rd respondent, in the interest of justice. 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 to consider the sale deed document presented by the petitioner pertaining to the property bearing Flat No. 102, consisting of 1035 sft in 1st Floor of Usha Bharani Apartments including all common areas and together with 100 sq ft of earmarked car parking place in the parking area provide thereto, along with undivided share of land to an extent of 38 sq. yards or 31.76.96 sq meters (out of 700 sq. yards) in Plot No. 43 and 44 (part) in Survey Nos.3 359/1 and 359/3 in M No. 42-749143 and 44lF-1O2 (Old No.42-421349143) situated at Sardar Patel Nagar, Moulali within the limits of GHMC of Malkajgiri Circle and Mandal, Malkajgiri / Medchal District, pending disposal of the main writ petition. Counsel for the Petitioner: SRI JETW ANJANEYULU Counsel for the Respondent Nos.l and 2: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR THE TELANGANA STATE TVAKF The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH IJITIr| PETITION No. of 2O2S ORDER: Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government pleader for stamps and Registration and sri Farhan Azarn Khan, learned Standing Counsel for the Telaflgana 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 by the petitioner for the property bearing Flat No. 102, consisting o{ 1035 square feet in l"t Floor of Usha Bharani Apartments including all common areas and together with 1oo square feet of earmarked car parking place in the parking area provide thereto, along with undivided share of land to an extent of 38 square yards or 3L.76.96 square meters (out of 7o0 square yards) in Plot No.43 and 44 (part) in survey Nos.3 \ \ 2 SK, J W.P.No.34088 of 2025 359/1 and 359/3 in M No.42-749/43 and 44/F-tO2 (Otd No.42-42/349143) situated at sardar Patel Nagar, Moulali within the limits of GHMC of Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, the petitioner fited the present writ petition.

3. Learned Assistant Government Pleader for stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents the sarne before the Registering authority, the respondents will receive the same and follou, the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 19OS). I

4. The Section 7l of the Act, 1908, reads as follows: Reasons for refusal to register to be recordr:d.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to rvhich it relates is not situated within his sub- district shall make an order of refusal anO recorded his reasons for such order in his Book \o.2, and / \ 3 w.P.No.s4oa, "fs#b! 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

5. [n 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 ro 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 trr. 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 any opinion on merits of the case as to the entitlement of the petitioner to 4 get the strbject document registered. order as to costs sK, J W.P.No.S4O88 of 2O2S There shall be no

6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/.A.V.S. PRASAD DEPUTY REGISTRAR //TRUE COPY// i SECTION OFFICER To, TJ

1. The Principal Secretary, Stamps and Registration Department Secretariat, The State of Telangana, Hyderabad Nampally, Hyderabad ?. lhe Qyb Registrar, Malkajgiri , Malkajgiri/ Medchal District 3. The chief Executive officer, The Telahgana state wakf Board, Huz House 4. One CC to Sri JettyAnjaneyulu, advocate [OPUC] 5. Two ccs to GP for stamps And Registratioh, High court for the State of 6. one cc to sri Farhan Azam Khbn, sc for the Telangana State wakf Board[OPUC] 7. Two CD Copies Telangana, at Hyderabad [OUT] PMK Mr. ,0 HIGH COURT DATED:1 111112025 ORDER WP.No.34088 of 2025 t tt ri I ( 1S, * iI c .4, * ISPOSING OF THE WRIT PETITION WITHOUT COSTS t0 \ 1fr Ia