High Court · 2025

Petition under Article 226 of rhe constitulion of lndia praying that in the circumstances stated in the afficiavit fiied therewith, the High court may be pleased to issue a writ or order or direction more particularly in the nature writ of mandamus declare the in action of the Respondents 2nd not receiving the document presented by the petitioner for the property bearing Frat No. i 01, having Municipbl No. 25-6 1/16t13olF-1o1 (pI No. 11706625g4) in 1St floor of MEGANA ENCLAVE consisting of 1300 sq.ft of super built-up area, associated with an undivided land share of 44.1s sq.yards or 37.41 sq_mtrs out of 985.00 sq.yards together with 100 sq.ft of car parking area in stilt floor constructed in premises bearing No. 26-6'1116/130 and 25-61/16/i35(part) on prot No. 130 and part of Plot No.135 in survey Nos.533 to 536 and 593 to 595 situated at cIEFL colony, East Anandbagh, Markajigiri, under the rimits of ( HIr/c rvarkajigiri circre and [,4andal, It/alkajigiri-Medchal District is illegal, arbitrr ry and against to lhe provisions of law and contrary rights guaranteed under ii r0 -4 ot constitutional of lndia and consequentry direct the 2nd Respondent to e r tertain the registration of the sale deed, to receive, process, register and rt lease the sale deed presented by the petitioner without insisting no-objection ;ertificate (Noc) from the 3rd Respondent. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in th,: circumstances stated in the affidavit filed in support of the petition, the High cr> rrt may be preased to direct the Respondent No.2nd herein to consider sale de r d documents fired by the petitioner herein pertaining to the property bearingy Flat No.'101, having Municipal No. 25-61/'16l'130/F-10.1 (pTI No. 1170661594) ir ENCLAVE consisting of 1 300 sq.ft of super buillup are ; undivided land share of 44.75 sq.yards or 37.41 sq_mtrs l together with 100 sq.ft of car parking area in stilt floor co bearing No. 26-61/16/1 30 & 25-61116/13s(part) on plot N,r No.'1 35 in survey Nos.533 to 536&593 to 595 situated € t Anandbagh, IValkajigiri, under the limits of GHIVC Malkajil lValkajigiri-Medchal District in favour of my vendee. 1st floor of MEGANA , associated with an rt of 985-00 sq.yards 130 and part of Plot CIEFL Colony, East ri circle and lr,4andal. rstrucled in premises Counsel for the Petitioners: SRt DANTU VENKATA RAMAN A SARMA Counsel for the Respondent No.1 & 2: SMT S.SRAVANTHI, AGP FOR STAMPS i. REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KH/ 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.36897 OF 2025 Date: O3.L2.2O25 Between: Smt. Naldamuru Ratna Va,lli ald another ..,Petitioners AND The State of Telalgana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & two others ...Respondents ORDER: Heard learned Counsel for the petitioners ald Smt. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azam 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 not receiving the document presented by the petitioners i I \ -*.1 \l '.- 1 .- SK,J W.P.No.r 6897 of 2O2S for the property bearing Flat No.1O1, havir g Municipal No.25-61/16/130/F-101 (PTI No.11706675() 1) in 1"t floor of "Meghana Enclave" consisting of 1300 r;, [uore feet of super built-up area, associated with an u.t livided land share of 44.75 square yards or 37.41 squar ) meters out of 985.00 square yards together with 10O r; luare feet of car parking area in stilt floor constructec in premises bearing No.26-61 I 16 / t3O and 25-61 I 161 35(Part) on Plot No.130 and part of Plot No.135 in Sy.N,r;.533 to 536 and 593 to 595, situated at CIEFL rl clony, East Anandbagh, Malkajgiri, under the limits of GHMC Malkajgiri Circle and Mandal, Medch il-Malkajgiri District, the petitioners filed the present writ tetition

3. Learned Assistant Government Pleacl: for Stamps and Registration submits that the petit oners have approached this Court seeking registration of the said document without presenting it before th: Registering Authority. If the petitioners present the docr ment before the Registering authority, the respondents vr,i 1 receive the s€une and follow the procedure. If the re are any t \ 3 SK'J W.P.No.36a97 of 2025 objections, appropriate orders shall be passed as contemplated under Section 71 of the Registration Act' 1908 (for short, 'the Act, 19OSJ' Therefore' learned Assistant Government Pleader has requested this Court to pass aPProPriate orders.

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded'- (1) Every Sub-Registrar refusing to regisler a document' except on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and recorded his reasons for such ordcr 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 registratron a document so endorsed provisions hereinafter directed to be registered. unless and until, under contained, the document IS In view of the above made submissions coupled 5. with the provision under Section 71 of the Act, 1908' this writ petition ls disposed of directing the Registering I 4 SK,J W.P.N] 36897 of 2025 \ - Authority to receive, register and releasc the subject document, subject to the petitioners compl zing with the provisions of the Act, 1908 as well as the ndian Stamp Act, 1899. It will be open to the Registerinl Authority to refuse the document presented before him f he has any objection, by duly assigning reasons in sul,port of such decision and communicate the said de: sion to the petitioners. It is made clear that this C r urt has not expressed any opinion on merits of the ci se as to the entitlement of the petitioners to get the subj :ct document registered. There shall be no order as to co:i s.

6. Miscellaneous Petitions, if any, pendir g in this writ petition sha-li stand closed. SD/.C. DEEPIKA AS SISTANT REGISTRAR //TRUE COPY// l:'' To, SECTION OFFICER l The Principar secretarv (Stamps and Registrations) iecretariat, Hyderabad, State of Telangana. \ Nampally, Hyderabad.

2. The Sub-Registrar, Malkajigiri, Mtakajigiri/Medchal Di; rict. 3. The Chief .Executive Officer, Telangana State W I :f Board, Huz House, 4. One CC to SRt DANTU VENKATA RAMANA SARMF \dvocate IOPUCI 5. One CC to SRt FARHAN AZAM KHAN, SC FOR WAt( : BOARD [OPUC] 6 Tyg CCs to Gp FOR STAA/PS q REGTSTRATION, i igh Cou( for the State 7. fwo CD Copies of Telangana at Hyderabad [OUT] BSR ;EWFTT, HIGH COURT DATED: 0311212025 I :-_-_ r j-,- :.. ... t' i' t:[ ?ffi ORDER WP.No.36897 of 2O2S r DISPOSING OF THE WRIT PETITION, WITHOUT COSTS .o \^