Syed Abdul Wakeel v. violation of Article 300-4 of the Constitution of lndia

Counsel for the Petitioner: SRI SUBBA RAO VADREVU Counsel for the Respondent No.1 & 2: SMT S.SRAVANTH , AGP FOR STAMPS . . REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KFi ,N, SC FOR WAKF BOARD The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.36859 OF 2025 Date: 03.L2.2025 Between: Syed Abdul Wakeel ...Petitioner AND The State of Telangana, Rep. by its Principal Secretarlr, Stamps and Registration Department, Secretariat, Hyderabad & two others ,..Respondents ORDER: Heard learned Counsel for the petitioner and Smt. S. Sravanthi, learned Assistant Government pleader for Stamps and Registration and Sri Farhan Azan 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 ...Dot receiving, registering ald releasing the subject Saie lII \ _sr€I t\l ,] i \] 2 SK,J W.P.No 16859 of 2025 Deed presented in respect of the Resirl :ntia1 House bearing No.43-405, Plot bearing Nos.42 rnd 53, pTI No.1171004568, in Sy.No.411, admeasurirL; ;400 square yards or 334.4 square meters situated rr Dr.Krishna Nagar, RTC Colony, Moula-Ali, under GHlv C Malkajgiri Circle and Mandal, Medchal-Malkajgiri )istrict, the petitioner filed the present writ petition.

3. Learned Assistant Government plead: : for Stamps and Registration submits that the pr: itioner has approached this Court seeking registratio;t of the said document without presenting it before th( Registering Authority. If the petitioner presents the doc I Lment before the Registering authority, the respondents r.r'j .1 receive the same and follow the procedure. If thr re are a]1y objections, appropriate orders sha_ll be passed as contemplated under Section 71 of the Regi ;tration Act, 1908 (for short, the Act, 1908). There{ rre, learned Assistant Government Pleader has requestr: I this Court to pass appropriate orders. (

4. The Section 71 of the Act, 1908, reads as follows: sx,J W.P.No.36859 of 2Q25 Reasons for refusal to register to be recorded.- (i) 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 shali 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 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 receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It \/ill 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 I I L 4 SK,J W.P.N,r 36859 of 2025 decision ald communicate the said de: sion to the petitioner. It is made clear that this Cc urt has not expressed aly opinion on merits of the cz se as to the entitlement of the petitioner to get the sub.ir ct document registered. There shall be no order as to co:; s.

6. Miscellaneous Petitions, if any, pendir g in this writ petition shal1 stand closed. //TRUE COPY// Strr P. PONNA KRISHNA ASSI;TANT REGISTRAR \j' SECTION OFFICER To,

4. o_ The Principal Secretary (Stamps and Registration), 13 State of Telangana. )cretariat, Hyderabad, The Sub-Registrar, Malkajgiri, Medchal lvlalkajgiri Distti' t. The Chief Executive Officer, Telangana Wakf Board. Hyderabad. luz House, Nampally, One CC to SRI SUBBA RAO VADREVU, Advocate [O: One CC to SRI FARHAN AZATV KHAN, SC FOR WAKI Two CCs to GP FOR STAMPS & REGISTRATION' ll of Telangana at Hyderabad [OUI JC] BOARD [OPUC] Eh Court for the State \ Two CD Copies

7. BSR GJP , I HIGH COURT DATED:0311212025 ORDER WP.No.36859 of 2025 '-11rr. 'sr4tx ,) L) 'r9 [[.[, 2025 : ''C' '.iI) "-i::===- I ^ * ..ty' / DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I l