High Court · 2025

'1. Sri T. Prakash, S/o.LateT. Narsing Rao, aged about 71 yearsm, Occ' Retired Emolovee. R:/o. H. No.11-330/D, N-54, Devi Nagar, Near Raithu Bazar, NereOmet, R. K. Puram, Malkajgir, Medcahl-Malkajgiri District' Telangana State.

2. Smt T. Sai Prasanna, Dio. Sri T. Prakash, Aged about 36 years, Occ' Housewife, Rl/o. H. No.'1 '1-330/D,. N-54, Devi Nagar, Near Raithu. Bazar, Neredmet, R. K. Puram, Malkajgiri, Medchal- Malkajgiri District,' Telangana State.

3. Smt T. Harika, D/o. T. Prakash, aged about 39 years, Occ. House-wife'Fo H' No.11-330/D,.N-54, Devi Nagar, Near Raithu Bazar, Neredmet, R. K. Puram, Malkajgiri, Medchal- Malkajgiri District, Telangana State.

4. Smt. T. Sai Sowmva, D/o. Sri T. Prakash, aged about 32 years, Occ' ftousewife, R/o. Flai No.304, Hill view Residen-y, Steet No.28, Malkajgiri, Medchal-Malkaigiri District, Telangana State. ...PETITIONERS AND

1. The State of Telangana, Represented by its Secretary, Revenue Department' Secretariat, (Stamps and Registration) Hyderabad.

2. The District Registrar, Medchal-Malkajgiri District, Medchal. 3. The Sub-Registrar, Malkajgiri ,Medchal- Malkajgiri District. 4. The Telangana state waqf Board, Rep.by ils chief Executive officer, 3rd fioor, Hijinouse Lane, Bagher Comptei, Opp public Garden, Nampally, Hyderabaii, Telangana State-500001. (R4 is impleaded as per C.O. dt. 20.09.2025 in lA.No.1/2025) ...RESPONDENTS 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 of Mandamus by declaring the in-action of Respondent No.3 are illegal, arbitrary and contrary to the Law, while directing the Respondent r No'3 to consider by receiving, register and release the documenr s (Gift Deeds) presented by petitioners 1 to 4, pertaining to property in resp.ct of ati tnat Residentiar House bearing No.32-86/33(prN No.1 170808270), consisting of Ground and First and second Floor, having a total builtup ^r.^'"r;;;;;;rrr" feet of R.C.C. Roof, along with land admeasu ring 222 Squa.e yeards or equivalent to .lgS.59 Square meters, on plot No.33, in Survey ruos.f +t to 145, situated at Devinagar corony, Neredmet, Markajgiri Virage, under the rimits of the GHMC Markajgiri circre, Medcar-Markajgiri District(Formerry kno,i,un as Ranga Reddy District), Telangana State. IANO:1OF 2024 to 4, pertaining to propert; , ,.".*., petition under section 'r51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may br: preased to pass interim direction to receive, register and rerease the docr mqnts (Gift Deeds) presented by petitioner .l Residentiar House bea:^ing No.32-86/33(prN No.'r 170808270) consisting of Ground and First and second Floor, having a total builtup area of ,450 Square feet of R.C.C. Roof, along with land admeasu ring 222 Square yeards o equivalent to i85.59 Sqr:are meters, on plot No.33, in Survey Nos..l41 to 145, situated a Devinagar colony, Neredmet, Markajgiri viilage, under the rimits of the GHMC Markajgiri circre, r\rredcar-Markajgiri District(Formerry known as Ranga Reddy District Telangana State and release the si I srsd)c trre same, pending disp,:ssp 61 16" Writ petition. ", ",, ,n", Counsel for the petitioner: SRI THUMU CHANDRA SHEKAR COUNSEI fOr thE RESPONdENT NO.1 tO 3: AGP FOR STAMPS & REGISTRATION Counsel for the Respondent No.4: s^ryIIIIAN AZAM KHAN, SC FOR WAQF BOARD The Court made the following: ORDER 7t THE HONOURABLE SRI JUSTICD K.SARATH WRIT PETITION No.36OSL of 20.24 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the rcspondent Nos'l to 3 and Sri Farhan Azam Kkrrn, learned Standing Counsel for the respondent No.4.Withtheirconsent,thiswritpetitionisdisposedof at the stage of adnlisston.

2. Aggrieved by the inaction of the respondent No'3 in receiving, registering and releasing the document (Gift Deed) presented by the pctitioner Nos' I to 4' pertaining to the property in respect of the Residential House bearing No.32-86/33 (IrIIN No.117O80827O), consisting of Ground and First and Second Floor, having a total built up area of 4500 Square feet of R C'C' Roof along with land admeasuring to ar-l extent of 222 Square yards of equivalent to 185.59 Square meters, on plot No'33, in Survey Nos'141 to 145 situated at Devinagar Colony, Neredmet, Malkajgiri 2 s1(, J t.P 36051 2024 Village, Medr:hal-Malkajgiri District, the petitioni:rs filed the present lt rit petition. 3 The Assistant Government pleader has stated that the respondents rvill follow the procedure contempl,rted under Section 71 o1 the Registration Act, 190g (for short, ,the Act, 1e08). 4 The Section TI of tb.e Act, 190g, reads as lbllons: Reasorrs for refusal to register to be recorded._ (1) Bvr:ry- Sub-Registrar refusing to registc r a document, except on the ground that the propcr y to- which it relates is not situated within his r;ub_ district shall make an order of refusal and recor ded his reasons for such order in his Book No.2, and endorsr: the words *registration refused,, on the documt:nt; and, on application made by anv pcrson executing or claiming under thc document, sL al[, without oayment and unnecessary delav, give hirn a copl, of []-re reasons so recorded. (2) No r,:gistering officer shall accept for registra t on a docunrent so endorsed unless and until, under he provisio:rs hereinafter contained, the document is directed to be registered. 7 To, SK, J trP,3605l_2024

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 receive, register and release the subject document, subject to the 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 asslgnlng reasons ln support of such decision and communicate the said decision to thc petitioners' It is made 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

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs sD/-T.TIRUMALA DEVI PUTYREGISTRAR //TRUE COPY// ECTION OFFICER Hvderabad, State of Telanqana'

1. The Secretary, Revenue Department' Secretariat' (Stamps and Registration) ,. iil" olii"i n"gi.t,rt, M;oihal-Malkajsiri District' Medchal' ; iii; ;;-R;gisirar, Malkajqiri, Medchal- Malkajsiri District' ;. d;c]ct,, s"Rt *turr,tu ciler'ronn sHEKAR' Advocate [oPUC] 5. ONE CC tO SRI FARHAN N2NT"T XHNN' SC FOR WAOF BOARD [OPUC] 6. Two CCs to GP FoR Sfril;i'Ai'rb-nEcrsrnnrloN' High court for the state of 7. Two CD CoPies Telangana at HYderabad [OUT] BSR LSw --.1 HIGH COURT DATE D:2 010312025 ORDER WP.No.36051 of 2024 '= ---'r' tAt ( to c ,J 3 10 Hpt Z0Z5 * :ir,.1 .A z f, DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1o I ?,,( €