Singam Ravinder v. 1. The State of Telangana

Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased lo issue Writ or direction preferably Writ of Mandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the subject Sale Deed presented in respect of the part of Residential Premises bearing H. No.43-44913511, Plot No. 15, land admeasuring 106.6 Sq. Yds or 89.1 1 Sq. Mtrs., with plinth area of 100 sft of ACC Roof, under Survey Nos. 41811, 41911 and 42011, situated at Ranga Reddy Nagar, Near RTC Colony, Moula Ali, Malkajgiri, the then Malkajgiri Municipality, now under GHMC, Malkajgiri Circle, and Mandal, Medchal Malkajgiri is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the subject Sale Deed/ any other deeds that may be presented by the petitioner in respect of the part of Residential Premises bearing H.No.43-4491351 1, Plot No. 15, land admeasuring 106.6 Sq. Yds or 89.1'l Sq. Mtrs., with plinth area of '100 sft of ACC Roof, under Survey Nos. 41811, 41911 and 42011, situated at Ranga Reddy I vvva r Nagar, Near RTC Colony, Moula Ali, Malkajgiri, the then hlalkajgiri Municipality, now under GHMC, Malkajgiri Circle, and Mandal, Medchal Malkajgiri without insisting No-ob.jection Certificate (NOC) from the Respondent No.3. lA NO: 'f OF 2025 Petition under Section 151 CPC praying that in the ci.cumstances stated in th.e affidavrt filed in support of the petition, the High Cou.t may be pleased to direct the Respondent No.2 forthwith to receive, process, register and release the subject Sale Deed/ any other deeds presented by th€, part of Residential Premises bearing H.No.43-4491351 l, plot No. 15, land acinteasuring i06.6 Sq. Yds or 89.11 Sq. Mtrs., with plinth area of 100 sft of ACr) Roof, under Survey Nos. 418/1, 41911 and 42011, situated at Ranga Reddy Nagar, Near RTC Colony, Moula Ali, Malkajgiri, the then Malkajgiri fvlunicipality, now under GHtvlC. Malkajgiri circle, and Mandal, Medchal Malkajgiri, without irsisting No-objection certificate (Noc) from the Respondent No.3, pending dispcsal of the writ petition in the rnterest of justice. Counsel for the Petitioner: SRI SUBBA RAO VADREVU Counsel for the Respondent Nos.1 & 2: SMT. S.SRAVANTI{|, AGp FOR Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR TSWB STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH IVRIT PETITIoN No.3 433L of 2025 ORDER: Heard Sri Subba Rao Vadrer.,r..r, learned counsel for the petitioner and Smt. S.Sravanthi, lcarncd Assistant Government Pleader for Stamps ald Registration appearing for the respondent Nos.l and 2 and, Sri Farhan Azatn Khan, learned Standing Counsel tor Waqf Board appearing for respondent No.3. With their consent, ttris Writ petition is disposed of at the stage of admission.

2. Aggrieved by the action of thc respondent No.2 in not receiving, registering and releasing the subject Sale Deed presented irr respcct of the part of Residentia_l House bearing No.43-449 135/1, Plot No.15, land admeasuring 1O6.6 Sq. Yards (or 89.11 Sq. Meters) with plinth area of 100 Square Feet of ACC Roof, under Survey Nos. 41g/1, 419/1 and 420/1, situated at Ranga Rcddy Nagar, Near RTC Colony, Moula Ali, Malkajgiri, the then Malkajgiri Municipality, now under GHMC, Malkajgiri Circle ald Mandal, Medchal Malkajgiri District, the petitioner filed the prcsent Writ Petition. tr -*l - \

3. Learned Assistant Covernment Pleader for Stamps and Registration submits that without presenting the subject documcnt, the petitioner has approached this Court seeking registration oi the said document. t{ the petitioner presents the samc beforc the Registering aul.hority, the respondents u,i1l receive the same and follori, the procedure as contemplatcd undr:r Scction 71 of the Flegistration Act, 1908 (for shorl,'thc Act, 1908).

4. Section 71 of the Act, 1908, reads as lc,ll.ows: R<:asons for rcfusal to register to be recr>rrle d.-- (l ) E\rcry Sub-Registrar refusing to register a docum,rnt, except on the ground that tl-tc property to g,hich it relertes is not situatcd ,'vilhirr his sub- district shall makc an order of rcfusal:tttcl rccorded his reasons lor such order in his Book No-i2, and errdorsc the u'ords "registrafion refuscd" on thc document; and, on application made b1, any person executr ng or claiming under the docur rcnt, shall, rvithout paylnent and unnecessary delav give him a coprr o1' Lhe reasons so recorded. (2) No rcgistcring officcr shall accept fol r,:gistration a docunrcnt so cndorscd unless and until. under the provisior-rs hcrcinafter contained, the do:umenL is dircctc<l [o bc registercd.

5. In view of the aforesaid submissions coupled with the provision under Section 71 of the Act, 1908, this Writ Petition is disposed of directing the Registering Authorit5z to receive, register and release the subject document that may be presented by the petitioner in respect of the subject property, subject to the pctitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act,

1899. It will be open to the Itegistering Authority to refuse the document presented belorc him, if he has zrny objection, by duly assigning reasons in support of such decision and communicate the said decisi<tn to the petitioner. It is mad.e 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 documents registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR G SECTION OFFICER The Principal Secretary (Stamps and Registration), Secretariat, Hyderabad, State of Telangana. The Sub- Registrar, Malkajgiri, Medchal Malkalgiri District. The Chief Executive Officer, Telangana Wakf Bbard, Huz House, Nampally, Hyderabad. One CC to SRI SUBBA RAO VADREVU, Advocate IOPUCI Two CCs to GP FOR STATVIPS AND REGISTRATICiN, Higil Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI FARHAN AZAM KHAN, SC FOR TSWB [OPUC] Two CD Copies \ To 2 3 4 6 7 PSK, HIGH COURT DATED:1211112025 ORDER WP.No.34331 ot 2025 / ;, r8il0tlruf i (r f' ,..\ .i. o DISPOSING OF THE WRIT PETTTION WITHOUT COSTS c'\ r\9 €