The High Court · 2025
Case Details
Acts & Sections
1. Iv1r. Divyesh Agrawal, S/o Sri Om Prakash Aganaral, Aged about 26 years, 2. h/rs. Rekha Singh, Wo Divyesh Agrawal D/o Kamleshwar Singh, Aged about 29 years, Occ- Housewife, Both are residing at House No.3-5-97'1/4, Street No.5, Narayanaguda, HYderabad ...PET,r.NERS AND Registration Department Secretariat, Hyderabad '1 . The State of Telangana, Rep by its Principal Secretary Stamps and 2. lnspector General Stamps and Registrations, Telangana, Registration Bhavan 4th and 5th Floor, Nizamshahi Road, Osmangunj, M.J. Market, Hyderabad 500001
3. District Registrar (Stamps and Registrations), Ranga Reddy District 4. The Sub Registrar, Serlingampally [\/andal, Ranga Reddy District 5. Telangana State Waqf Board, Rep by its Chief Executive Officer, Haj House, Razzak [\ilanzil' Nampally' Hyderabad ...RES'.NDENTS 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, Order or Direction, or any other appropriate Order one in the nature of a WRIT OF MANDAN/US, declaring the action of the Respondent No.4 not receiving, registering and releasing the Sale Deed in favour of the prospective purchasers placed by the Petitioners for Semi Furnished Flat bearing No.202, in the Second Floor, in the building named as River Shades having plinth area of 1780 Sq. ft (which is inclusive of common areas and balconies), and 200 sft for two car parking in stilt floor, along with an undivided share of 75 Sq. yards out of the total extent of land admeasuring 2430 Sq. yards in Sy.No.260/ Part, situated at l\,4anikonda Jagir Village, Rajendranagar [\ulandal and IVlunicipality, Ranga Reddy District, without disclosing any reason, as illegal, arbitrary in violation of principles of natural justice and in violation of Articles 14 and 21 of ther lonstitution of lndia and also against the equity and consequen y direct the I espondent No.4 to receive, register and release the Sale Deed placed by the F etitioners herein for Semi Furnished Flat bearing No.202, in the Second Floor, ir the building named as River Shades having plinth area of 1780 Sq. ft (which is i rclusive of common areas and balconies), and 200 sft for two car parking in stilt floor, along with an undivided share of 75 sq. yards out of the total extent of larr admeasuring 2430 Sq. yards in Sy.No.260/ Part, situated at lVanikonda Jagir Vi| rge, Rajendranagar Mandal and IVunicipality, Ranga Reddy District. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the cirr; the affidavit filed in support of the petition, the High Court ma1, the Respondent No.4 to receive, register and release the Sz I the prospective purchasers placed by the petitioners for tl bearing No.202, in the Second Floor, in the building namerl having plinth area of 1780 Sq. ft (which is inclusive of c balconies), and 200 sft for two car parking in stilt floor, alor r share of 75 Sq. yards out of the total extent of tand admeasurrr Sy.No.260/ Part, situated at [\,4anikonda Jagir Village, Rajendr {Vunicipality, Ranga Reddy District. mstances stated in ;e pleased to d irect r Deed in favour of rmi Furnished Flat as "River Shades" ;mmon areas and with an undivided I 2430 Sq. yards in rnagar lVlandal and Counsel for the Petitioners: SMT. SHAKERA BANU Counsel for the Respondent Nos.1 TO 4: SMT. S.SRAVANTH , Counsel for the Respondent No.5: SRI FARHAN AZAM KHA\ SC FOR TSWB AGP FOR STAMPS AND RE(j STRATIoN The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.345O8 of 2O2S ORDER: Heard Smt. Shakera Banu, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 4, Sri Farhan Azarn Khan, learned Standing Counsel for Waqf Board appearing for respondent No.5 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.4 in not receiving, registering and releasing the document in favour of the prospective purchasers produced by the petitioners for Flat bearing No.2O2, River Shades building, having plinth area of 1780 Sq.ft. (and 200 sq.ft for two car parking in stilt floor, along with an undivided share of 75 Sq.yards out of the total extent of land admeasuring 2430 Sq.yards) in Sy.No.26O/Part, situated at Manikonda Jagir Village, Rajendranagar Manda-l and Municipality, Ranga Reddy District, without disclosing any reason, the petitioners filed the present Writ Petition. U \
3. Learned Assistalt Government Pleader lor Stamps and Registration submits that without presen_ ng the subject document, the petitioners have approached t.t Ls Court seeking registration of the said document. If the petitic ners present the same before the Registering authority, the espondents will recelve the same and follow the procedure TS contemplated under Section 71 of the Registration Act, 19Oi (for short, 'the Act, 1908').
4. Section 71 of the Act, 1908, reads as follo vs: Reasons for refusaL to register to be recorded.- - (1) Euery Sub-Registror refusing to register L except on the ground that the property to utlrt is not situated uithin his sub-distict shall mc of refusal and recorded his reasons for sur:L . Book No.2, and endorse the tuords "registrat on the document; and, on application made bq exeanting or cloiming under the document, sl paAment and unnecessary delag, giue him o reasons so recorded. doanment, :h it reLates ke an order vder in his tn refused" ana person cLlI, tuithout copg of the (2) No registering officer shall accept for r= Tistration a document so endorsed unless and until, under the prouisions hereinafter contained, the docume t is directed to be registered. i.r,t-,.' l 7 5. In view of the aforesaid submissions coupled with the provision under Section 71 of the Act' 19OB' this Writ Petition is disposed of directing the Registering Authority to receive' register and release the subject document presented by the petitionersinrespectofthesubjectproperty'subjecttothe petitioners 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 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 petitioners' It is mad'e 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. There sha-ll be no order as to costs' Miscellaneous Petitions' if any' pend'ing in this Writ Petition, shall stand c!9s9d' SD ED ABDULLA KHAN S STANT REGISTRAR //TRUE COPY// SECTION OFFICER To 3 4 E partment Secretariat, 1 . The PrinciP al Secretary Stamps and Registratlo Hyderabad, State of Telangana 2. lnspector G eneral StamPs and Reg istrations, Tel angana, Registration Bhavan 4th and 5th Floor, Nizamshahi Road , Osmangunj, M.J. Market, HYderabad 3?.0,?'3J *"0'.,r, r ( Sta m ps a nd Reg i stratio n sL Ra n g a Red dv. Di strict in.'Sru n"""i.trai, Seriingampally Mandal, Ranga Reddy District ii-iJ 6ni"i Ei""utive offic6r, Telangana State Waqf Board, Haj House' Razzak Manzil, NamPallY, HYderabad One CC to SMT. SHAKERA BANU, Advocate IOPUCI i*" CC"i" Cp FOR STAMPS AND REGISTRATION, High Court for the State of Telanqana, at Hyderabad. [OUI one cc ro sRI FARHAN AZAM KHAN, SC FOR TSWB [OPUCI Two CD Copies 7 8 o PSK. GJP HIGH COURT DATED:1411112025 ORDER WP.No.34508 of 2025 ,/' t, /i-) -1 0 I l.ii :-\ ..\\ -/' .1. Iffi i)i !'l DISPOSING OF THE WRIT PETITION WITHOUT COSTS :J