The High Court · 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.2nd herein to consider sale deed documents filed by the petitioner herein pertaining to the property bearing Flat No.302 in 3rd floor having a plinth area of 930 sq.ft super built up area including common area and four wheeler parking in the building known as MADHU SAt nnil HOUES together with proportionate undivided share of land to an extent of 43.50 sq.yards or 36.36 sq.mtrs out of 870.00 sq.yards or 727.32 sq.mtrs in constructed on the residential premises bearing [/.No.30-2641A1812 on Plot No. 1 in survey Nos.32gl1 and 446 situated at Old Safilguda, under GHMC, l/alkajigiri circle and ttlandal, Ranga Reddy District now [Vlalkajigiri-Medchal District in favour of my vendee. counsel for the Petitioner: SRt DANTU VENKATA RAMANA SARMA Counsel for the Respondents No.I & 2: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGTSTRATION Counsel for the Respondent No.3: SRt FARHAN AZAM KH ou' S.C. FOR TSWB The Court made the following: ORDER .D, . ;, i i THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.343L4 of 2025 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 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 by the petitioner for the property bearing Flat No.3O2 in 3.d floor baving a plinth area of 930 square feet super built up area including common area and four wheeler parking in the building known as "Madhu Sai Raji Homes'] together with proportionate undivided share of land to an extent of 43.50 square yards or 36.36 square meters out of 87o.oo square yards or 727 .32 square meters in constructed on the residential premises bearing M.No.30 -264 / A/ 8 /2 on plot \ 2 w.P.No.34s14 ,fzlbrs No.l in survey Nos.329/ 1 and 446 situated at Old Safilguda, under GHMC, Malkajgiri circle and Mandal, Ranga Reddy District now Medchal-Malkajgiri District, the petitioner filed 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 follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908').

4. The Section 7l 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" on the document; and, on application made by anlz person execrrting or claiming under the document, shall, / 3 srr, J W.P.No.34374 of 2O25 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. 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 t receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the tndian 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 assigning reasons in support of such' decision and I 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. 4 sr, J W.P.No.34374 of 2O25 \-I - .\

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/- C. OEEPIKA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To \

1. The Principal Secretary (Stamps and Registrations), State of Telangana, Secretariat, Hyderabad.

2. The Sub-Registrar, Malkajigiri, Mlakajigiri/Medchal District. 3. The Chief Executive Officer, Telangana Wakf Board, Huz House, Nampally, Hyderabad.

4. One CC to SRI DANTU VENKATA RAMANA SARMA, Advocate [OPUC] 5. Two CCs to GP for Stamps and Registration, High Court for the State of Telangana at Hyderabad. [OUTI

6. One CC to SRI FARHAN AZAM KHAN, S.C. for TSWB [OPUC] 7. Two CD Copies MP GJP :t ) HIGH COURT DATED i1311112025 ORDER t WP.No.34314 of 2O2d HET S I.1 i torou2gg * ) eO /\ (f. Li. s "d'. DISPOSING OF THE WRIT PETITION W]THOUT COSTS ? o \