High Court · 2025

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 a writ order or Direction more particularly one in the nature of writ of Mandamus to declare-the action of the respondents particularly the 2nd respondent in refusing to receive, register and release the gift settlement deed in respect of residential plot No. 63 extent 200 sq.yards in part of Survey No 2B9' 2go,2g2,2g3,294 and full Sy No.291,306 and 309 extent 200 sq.yards situated at Neredmet, Malkajigiri, within the limits of GHMC, Malkajigiri Mandal, Medchal Malkajgiri District as illegal arbitrary against the provisions of Registration Act and against the settled principle of law and consequently direct the 2nd ; I I respondent to receive, register and release the gift settlemt: t deed in respect of- the above property. Counsel for the Petitioner: SRI GUDI MADHUSUDHAN REtrl )Y Counsel for the Respondent No.1 & 2: SMT S.SRAVANTHI, AGP FOR STAMPS 3 REGISTRATION Counsel forthe Respondent No.3: SRI FARHAN AZAM KH,l {, SC FOR WAQF BOARD The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.37542 of 2025 Date: 08. 12.2025 Between: Sri Obulreddy Chinna Ranga Reddy and another AND . ..Petitioner The State of Telangana, Rep. by its Principal Secretary, Rer,enue Department, Secretariat, Hl,derabad and tu,o others. ,..Respondents ORDER: Heard Sri Gudi Madhusudhan Reddy, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps ald Registration appearing for respondent Nos.l and 2, Sri Farhan Azam Khan, learned Standing Counsel for Waqf Board appearing for respondent No.3 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.2 in refusing to receive, register and release the gift settlement deed in respect of residential PIot No.63 admeasuring 200 Sq.yards in part of o Sy.Nos.289, 29O,292,293, 294 and full Sy'No 2() admeasuring 200 Sq.vards, situated at Nereclr Mandal, Medchal- Malkalgrri District, the petrtr' , 306 and 309 ret, Malkajigiri ners liled the \ present writ Petition. 3, Learned Assistant Government Pleader r r StamPs and Registration submits that the petitioners have I Court seeking registration o[ the said do -- presenting it beiorc the Registering Authority l present the document to the Registering respondents s'ill rcceive the same and follorn' t I there are any objections, appropriate orders sfi pproached thrs rment without the petitioners authority, the I procedure. If ll be passed as contemplated under Section 71 of the Registrat rr n Act, 1908 (for short, 'the Act, 19OB'). Therefore, learned Assis 1 ant Government Pleader requested this Court to pass appropriatr: r rders.

4. The Section 71 of the Act, 1908, reads as li I ows: Reosons for refusal to register to be recordecl (1) Euery Sub'Registrar refusing to registe' a document, except on the ground that the propertA to uthiLh it relates is not situated. within his sub-d'istict shall matt z ant order of refusal and recorded his reasons for such ortl 'r in his Book No.2, and end-orse the uords *registration t:tsed' on the doanment; and-, on application made by anA p 2 'son exeatting or claiming under the d-ocument, shatl, tuithcn t pallment and unnecessary detag, giue him a copy of th'' reasons so recorded. i I t i i I I I , i t I 3 (2) No registeing officer shall accept for registration a document so endorsed unless and until, und.er the prouisions hereinafter contatned, the doanment is d.irected. to be registered.

5. Ir-r view of the aforesaid submissions, coupled with the provision under Section Z l of the Act, 190g, this Writ petition is disposed ol directing the Registering Authority to receive, register and release the subject document in respect of the subject property, subject to the petitioners complying with the provisions of the Act, 1908 as r,r,ell as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the documen t presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the same to the petitioners thereon. It is made clear that this Court has not expressed any opinion on the merits of the case or the entitlement of the petitioners to get the subject document registered. There shall be no order as to costs Miscellaneous Petitions, if any, pending in this Writ petition, shall stand closed. //TRUE COPY// SD/.P.C. SULEKHA DEVI ASSISTANT R GISTRAR SE ON OFFIC ER To,

1. The principal secretary, Revenue Department, secretariat, Hyderabad, State of Telangana.

2. The Sub Registrar, Malkajigiri, Medchal Malkaiigiri District 3. The Chief Executive Officer, Telangana State Wakf Board, Nampally' Hyderabad. afi- \ 4 5 6 7 BSR LS One CC to SRI GUDI MADHUSUDHAN REDDY Advor;r te [OPUCI One CC to SRI FARHAN AZAM KHAN, SC FOR WAQF BOARD IOPUCI Two CCs to GP FOR STAIVPS & REGISTRATION, l-li yh Court for the State of Telangana at Hyderabad [OUT] Two CD Copies AW HIGH COURT DATED: 0811212025 a t I LLA/u c.15 ..'s- + -'<(s \" c) LL)rF & \ ;;i ,l ORDER WP.No.37542 of 2025 S * \$oH3 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ q lL I II I €