The High Court · 2025

Petition under Arlicle 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not accepting the Development Agreement cum General Power of Attorney in respect of the Plot No. 88/1, admeasuring 840 Sq. Yards or 702.24 59. Meters and Plot No. 88/2, admeasuring 94 Sq. Yards or equivalent to 78.58 Sq. Meters, in Sy. No. 237lA, total admeasuring 934 Sq situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District though the said property is not included in the prohibitory list as prepared U/Sec.22-A of Registration Act, 1908, and though the above property is not part of any Wakf property, as illegal, unlawful, contrary to law and consequenfly 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. IANO:1OF2 02s Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant interim order directing the 4th respondent to register and rerease the Development Agreement cum General power of Attorney sought to be presented by the petitioner in respect of the prot No. gg/1, admeasuring g40 sq. yards or 702.24 sq. Meters and prot No. g8/2, admeasuring 94 sq. yards or equivarent. to 78.58 Sq. Meters, in Sy. No. 237tA tolal Admeasuring g34 square situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy Diskict. pending disposal of main Writ petition Counsel for the Petitioner: SRt. M DAMODAR REDDY Counsel for the Respondent Nos. .tto4: Smt. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.5 : SRI FARHAN AZAM KHAN, SC FOR TSWB 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. 37697 0F 20.25 Date: o,9.12.2o.25 Between: D.Papa Rao and two others ...Petitioners AND The state of Telangana, Rep. by its principar Secretar5r, Revenue (stamps and Registration) Department, Secretariat, Hyderabad & four others ...Respondents ORDER: Heard learned Counsel for the petitioners and smt. S.sravanthi, learned Assistant Government pleader for Stamps and Registration and Sri Farh an 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 respond.ents in not ^ accepting the Development Agreement-cum-Genera1 2 sK,J W.P.No.37697 of 2O2S Power of Attorney in respect of the plot No.gg/ 1, admeasuring 84o square yards or equivalent to 702.24 square meters and Plot No.88/2, admeasuring 94 square yards or equivalent to 78.58 square meters, total admeasuring 934 square yards in sy.No.23T /A, situated at Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District though the said property is not included in the prohibitory list as prepared under section 22-A of the Registration Act, 1908 and though the above property is not part of any Wakf property, the petitioners filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that the petitioners have approached this Court seeking registration of the said document without presenting it before the Registering Authority. If the petitioners present the document before the Registering authority, the respondents will receive the s€une and follow the procedure. If there are any objections, appropriate orders shall be passed AS contemplated under Section 71 of the Registration Act, / \ t 3 sK,J W.P.No.37697 of 2O2S 1908 (for short, the Act, 1903). 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 register 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 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 oflicer 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 7L of the Act, 1908, this writ petition 1S disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with th? -- ./ 4 SK,J W.P.No.37697 of 2o25 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 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. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed SD/. M. NAGAMANI REG! iTRAR ASSISTANT V SECTION OFFICER //TRUE COPY// To, Hvderabad. Secretariat, T. S., HYderabad.

1. The Principal secretary, Revenue (Stamps and Registration) Department, Z. ii6'inipEdtoi d;'d;i, Stimps and Registration, Government of Telansana, 3. Tfr ;-Distiici negistrar, Ranga Reddy-District, Hyderabad' i. iii; 5u6 nlgi.irar, SbltngiqRallv, Rajendrang.at'ER' District' d: iG Cniet riecutiriJOfrcdr, iirtaririand State Wakf Board, Haj House, 6. 6;-cC i" sir. u. oArriboAR REDD-Y,49get9.L9Pq91 i. iffi cciio-cP FbR STAMPS AND REGISTRATIoN ,Hish Court for the 8. one cc to sRl. sRl FARHAN AZAM KHAN, SC FOR TSWB [OPUC] 9. Two CD CoPies Staie of Telangana at Hyderabad [OUT] Cazzak Manzil, NamPallY, HYderabad BM 9s ry/ z-11 HIGH COURT DATED:09/1 212025 ORDER WP.No.37697 of 2025 THE .B'-" ( O , 31EICm ,+ DISPOSING OF THE WRIT PETITION WITHOUT COSTS 17