The High Court · 2025

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an order or direction more particurarry one in the nature of writ of Mandamus declaring the action of the respondents in not accepting the Development Agreelment cum Generar power of Attorney in respect of the open land in Sy. No. 235, admeasuring 600.4g Sq. yards or equivalent to 502 Sq. Meters (out of 3025 Square yards), situated at Manikonda Jagir Virage, Gandipet Mandar, Ranga Reddy District though the said property is not incruded in the prohibitory rist as prepared U/sec.22-A of Registration Act, 1g0g, and though the above property is not part of any wakf property, as iregar, unrawfur, contrary to law and consequen,y direct the 4th respondent to accept the above document of the petitioner in respect of the above property for the purpose of registration and release the same. o 2 (,(, o N CPC praying that in the circumstances stated in petition, the High Court may be pleased to grant ondent to register and release the Development of Attorney sought to be presented by the and in Sy. No. 235, admeasuring 600'48 Sq' :ters (out of 3025 Square Yards)' situated at et Mandal, Ranga Reddy District' pending Counsel for the Petitioner: SRt M'DAMODAR REDDY Gounset for the neiponaent Nos'1 TO 4: SMT' S'SRAVANTHI' Counsel for the Respondent No.5: SRI FARHAN AZAM KHAN, Sc FoR TSWB The Court made the following: ORDER AGP FOR STAMPS AND REGISTRATION IN THE HIGH COURT FOR THE STATE OF TELANGANA t AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH . WRIT PETITION No.B6S87 OF 2O2S Date: OL.12.2O25 Between: Parvathaneni Nagakrishna Petitioner AND The State of Telangana, Rep. by its principal secretary, Revenue (Stamps and Registration) Department, secretariat, Hyderabad & four others oRDER: ..Respolrdents Heard learned Counsel for the petitioner and smt' s.sravanthi, Iearned Assistant Government preader for stamps and Registration and sri Farh an Aza,mKhan, learned Standing counser 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 sK,J W.P.No.3658? of 2O2S

2. Aggrieved by the action of the respondents in not accepting the Development Agreement cum General Power of Attorney in respect of the open land in $y.No.235, admeasuring 600.4B square yards or equivalent to 5O2 squarg meters (out of 3O25 squa're yards), situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District though the said property is not included in the prohibitory list as prepa-red under Section 22-A of the Registration Act' 1908 and though the above property is not art of any Wakf property' the petitioner filed the present writ petition' Learned Assistant Government Pleader for Stamps 3. and Registration submits that ' the petitioner has approached' this Court seeking registration of the said document without presenting it before the Registering Authority' If the petitioner presents the document before the Registering authority' the respondents will receive the If there are arly same and follow the Procedure hall be Passed as \bjections, aPProPriate orders s \ 3 SK,J W.P.No.36587 of 2o25 contemplated under section T L of the Registration Act, 1908 (for short, the Act, 1909). Therefore, learned Assistant Government pleader has requested this court to pass appropriate orders.

4. The section 71 of the Act, 190g, reads as folows: 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 rerates is not situated within his sub-district shalr 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 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 sha, accept for registration a documeni so endorsed unless and undl, 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 0fthe Act, 1gog, this writ petition is disposed of directing the Registering Authority to r€eeirrp receive, register and release the subject *^_j_, \ \ \ \ :, iititi i,i t.l :,1 4 sr,J W.P.No.36587 of 2025 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 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 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'

6.MiscellaneousPetitions,ifany,pendinginthiswrit petilion shall stand closed' SD/ . PONNA KRISHNA S TANT REGISTRAR I/TRUE COPY// ECTION OFFICER To tion) DePartment' 2

1. The PrinciPal Secretary' Revenue (Stamps and Secretariat, HYderabaci, State of Telangana. The lnsPector General, Stam ps and Registration, G Hvderabad 3. The District Reg 4. The Sub Registrar, SerilingampallY, Rajendra 5. The Chief Executive Officer, Telang ana State Razzak Manzil, N .DAM 7. Two CCs to GP FOR STAMPS AND REGISTRATI ON, High Court for the 6. One CC to SRI M istrar, Rang a ReddY District, HYd erabad. erabad REDDY, Advocate IoPUCI R.R. District- Board, Hai House' lly, HYd ODAR ngar, Wakf rnment of Telangana, at Hydera HAN AZAMK,[RYl" FoRrswB toPuc] State of Telanga na, AR One CC to SRI F Two CD CoPies B. 9. PSK. BS HIGH COURT DATED t0111212025 ORDER WP.No.36587 of 2025 \ 'r t{ E slnr$ -*)() .< 15 Brs th * DgSPATC In * t DISPOSING OF THE WRIT PET1TION WITHOUT COSTS \