The 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 Writ or direction preferably Writ of Mandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the Sale Deed presented in respectof Residential Flat bearing No. 102, in First Floor of "SRl VIDYA RESIDENQY", Municipal No. 2g-8}t2lF-1O2 (PTl No. 1170767666), Premises bearing House No. 29-8012, on Plot No. 3, in Sy. No. 152, situated at NEW VIDYA NAGAR COLONY, NEREDMET, within the limits of Greater Hyderabad Municipa! Corporation, under Malkajgiri Circle and Mandal, Medchal-Matkajgiri District, is illegal, arbitrary and contrary to provisions of law and violation of Article 300-A of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release Sale Deed /any other deeds that may be presented by the Petitioner in respect of Residential Flat bearing No. 1O2, in First Floor of SRI VIDYA RESIDENCY, Municipal No. 29- t i I BOt2lF-102 (PTl No. 1170767666), Premises bearing House No. 29-80/2, on Plot No. 3, in Sy. No. 152, situated at NEW VIDYA NAGAR COLONY, NEREDIUET, within the limits of Greater Hyderabad Municipal Corporation, under Malkajgiri Circle and Mandal, Medchal-trrlalkajgiri District, without insisting No-objection Certificate (NOC) from the Respondent No.3. lA NO: 1 OF 2025 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 direct the Respondent No.2 forthwith to receive, process, register and release the subject Sale Deed /any other deeds presented by the Petitioner in respect of Residential Flat bearing No. 102, in First Floor of "SRl VIDYA RESIDENCY', tVlunicipal No.29-80l2lF-102 (PTl No. 1170767666), Premises bearing House No. 29-BOt2, on Plot No. 3, in Sy. No. 152, situated at NEW VIDYA NAGAR COLONY, NEREDIVIET, within the limits of Greater Hyderabad Municipal Corporation, under tMalkajgiri Circle and Mandal, Medchal-Malkajgiri District, without insisting No- objection Certificate (NOC) from the Respondent No.3, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: Ms. BOBBALA JYOTHIRMAI Counsel for the Respondents No.1 & 2: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, S.C. FOR TSWB The Court made the following: ORDER l' * $ I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.37999 of 2o25 Date: LO.12.2O25 Between: Maale Santhosh Kumar ...Petitioner AND The State of Telangana, Rep. by its Principal Secretarlr, Stamps and Registration Department, Secretariat, Hyderabad and two others. ...Respondents ORDER Heard Ms. Bobbala Jyothirmai, learned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 and 2, Sri Farhan Azaurr, Khan, learned Standing Counsel for Waqf Board appearing for respondent No.3 and perused the material on record. With their consent, this Wri! Petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of respondent No.2 in not receiving, registering and releasing the Sale Deed presented by the petitioner in respect of residential Flat bearing No.1O2, in First Floor of Sri I l . t: I I I l : l i I, 2 Vidya Residency, Municipal No.29-BO l2/F-lO2 No.1 1707676661 Premises bearing House No.29-go/2 on plot (pTI No.3, in sy.No.r52 situated at New vidya Nagar colony, Neredmet, within the limits of Greater Hyderabad Municipal corporation, under Malkajgiri circle and Mandal, Medchal-Malkajgiri District, the petitioner filed the present Writ Petition.

3. Learned Assistant Government pleader for stamps 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 to the Registering authority, the respondents will receive the same and follow the procedure. If there are any objections, appropriate orders shall be passed as contemplated under section 7l of the Registration Act, 19og (for short, 'the Act, 1908). Therefore, learned Assistant Government Pleader requested this court to pass appropriate orders.

4. The SectionT l of the Act, 1908, reads as follows: Reasons for refusal to register to be record"ed..- (1) Euery sub-Registrar refusing to register a d"oatment, except on the ground that the propertg to which it relates is not sihtated uithin his sub-distrtci shail make an ord.er of refusal and. record.ed. his reasons for such ord.er in hi^s Book No.2, and endorse the words "registration 7efused" on th.e doanment; and, on application made by ang person exeanting or claiming under the doatment, shall, without pagment 1ya I i '.-,n 3 unnecessary delay, giue him a copA of the reasons so recorded. (2) /Vo regtsterirug officer shaLl accept for registration a d"oanment so endorsed unless and until, under the prouisions hereinafter contained, thP document is directed to be registered.

5. In view of the aforesaid submissions, coupled with the provision under Section 7 | of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document in respect of the subject property, 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 same to the petitioner thereon. It is made clear that this Court has not expressed any opinion on the merits of the case or the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition, shatl stand closed. //TRUE COPYII To 1 The Principal Secretary (Stamps and Secretariat, Hyderabad. SD/.P.C. SULEKHA DEVI REGISTRAR SECTION OFFICER State of Telangana,

2. The Sub-Registrar, Malkajgiri Mandal, Medchal Malkajgiri District.

3. The Chief Executive Officer, Telangana Wald Board, Huz House, Nampally, Hyderabad.

4. One CC to SRI BOBBALA JYOTHIRMAI, Advocate [OPUC] 5. Two CCs to GP for Stamps and Registration, High Court for the State of Telangana at Hyderabad. [OUT] / \

6. One CC to SRI FARHAN AZAM KHAN, S.C. forTSWB [OPUC] 7. Two CD Copies Ys N/ a I HIGH COURT DATED i1011212025 4 o t! I =$ s \ \ H9rH * * ORDER WP.No.37999 of 2025 { I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ a I ! I I I i I i I, ,] ,i i ; r s i I I v