1. Smt. J.Sukhi Devi Jain v. Registrations), Secretariat, Hyderabad

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 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 residential house bearing H.No.30-63/5, PTI No. 1170803940 in survey No.423, to an extent of '100.00 sq.yards or 83.6 sq.mtrs, with a plinth area of 450.00 sq.ft of ACC roof situated at New Bharath Nagar, Old Safilguda, IValkjaigiri, within the limits of GHMC, under Malkajigiri circle and Mandal, Malkajigiri-Medchal District is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 300 -A of Constitutional of lndia and consequently direct the 2nd Respondent to entertain the registration of the Sale Deed to receive, to processes , to register and release the document presented by the petitioner without ir ,isting no-objection certificate (NOC) from the 3rd Respondent. IA NO: 1 OF 2025 Petition under Section 1 5'1 CPC praying that in the c i rumsta nces stated in the affidavit filed in support of the petition, the High Court direct the Respondent No.2nd herein to consider docu I petitioner herein pertaining to the residential house bearin,; No. 1170803940 in survey No. 423, to an extent of 100.0 sq.mtrs, with a plinth area of 450.00 sq.ft of ACC roof situu t Nagar, Old Safilguda, It/alkjaigiri, within the limits of GHtt4l circle and Mandal, Malkajigiri-lVedchal District in favour of thr, rray be pleased to ents filed by the H.Nc 30-63/5, PTI sq.yards or 83.6 rd at New B harath , under Malkajigiri zendee- Counsel for the Petitioner: SRI DANTU VENKATA RAMANA S ARMA Counsel for the Respondent No.1 & 2: SMT S.SRAVANTHI, AGP FOR STAMPS & I IEGISTRATION Counsel forthe Respondent No.3: SRI FARHAN AZAM KHA\ SC FOR WAKF 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.38281 of 2025 Date:, L2.12.2O25, Between: Smt. J. Sukhi Devi Jain and Two others . ..Petitioners AND The State of Telargana, Rep. by its principal Secrerary, Stamps and Registration Department, Secretariat Building, Hyderabad and Tr,r,o others. ...Respondents ORDER Heard Sri Dantu Venkata Ramana Sarma, learned counsel for the petitioners, Smt. S.Sravanthi, Iearned Assistant Government Pleader lor Stamps and Registration appearing lor respondent Nos. 1 and 2, Sri Farhan Azam lihan, Iearned Standing Counsel for Wakf Board appearing for respondent No.3 and perused the material on record. With their consent, this Writ Petition is disposed of .t tf," stage of admission itsell.

2. Aggrieved by the action of respondent No.2 in refusing to receive the document of sale deeci preserrted by thc petitioners in respect of the residential house bearir-rg H.No.30_63/5, Frll -I I I ; I I a No.1 170803940, in Sy.No.423, to an extent of 1OO. ) ) Sq.yards (or

83.6 Sq.meters), u,ith a plinth area of 45O.OO Sq.. of ,ACC roof, situated at Nevv Bharath Nagar, O1d Safilguda, Ma ljaigiri, u.ithin the limits ol GHMC, under Malkajgiri Circle and Ma- lal. Meclchal- Malkajgiri District, the petitioners filed the present \i rit perition.

3. Learned Assistant Government pleader for Stamps and Registration submits that the petitioners have ap 1 roached this Court seeking registration of the said doctrrr r:nt u,ithout presenting it before the Registering Authority. [[ le petiti<>ners present the documcnt to the Registering a r thority, the respondents will receive the same and follow the p rocedure. If there are any objections, appropriate orders shall ,r: passed as contemplated under Section 71 of the Registration I c:t, 190g (for short, 'the Act, 1908'). In view of the same, learr 3d Assistant Government Pleader requested this Court to pas s appropriatc orders.

4. The Section 7l of the Act, 1908, reads as follou s Reasons for refusal to register to be recorcled-- (1) Duery Sub-Reqistrar refusing to register a doalmenl the ground that Llrc propertA to wltich it relates is t7) tuithin hb sub distnct shall make an order of refusal ar t his reasons for such order in his Book No.2, and et tuord-s "registration refused" on the document; and, on_ ; made bg anA person exeanting or cloiming under tl're L ?xccpl on situated .eatrded lorse the tolic'ation ()a1ntent,

7. 3 " ,"g,irrur;i shal| LL,ithout poyment ant c unnecessary delaa' qiue him a copg of the reasons so recorded- (2) No registenng olficer shall accept for registrcttion a dot:ument so endorsed unless and until, und.e-r ,n" O,rr,'rirr"i, hereina,tter contained, the doatment is dtrected ,. t 5. In view of the aforesaid submissions, coupled u/ith the provisions under Sectio n 7 7 ot the Acr, 190g, this Writ petition is disposed of directing the Registering Authorrty to receive, register and release the subject document in respect of the subject property, subject to the petitioners compl_ving u,ith the provisions of the Act, lgOB as well as the Indian Stamp Act, 1899. It wili be open to the Registering Authority to refuse the document presented before it, if there are any objections, b,t. dul]. 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 regrstered. There shall be no order as to costs. Miscellaneous petitions, if an,v, pencling in this Writ petition, shall stand closed. //TRUE COPYII f33iS,'^"#H[EiHIA / 6SECTION OFFICER I[1"'iiff,:,fr"""ietary (Stamps and Resistrations), secrerariat, Hyderabad, The Sub-Registrar, Malkajigiri, Mlakajigiri/Medchal District. To, 1 2 l I I I ! I ! { - lls"tiffitotxecutive officer, Telangana wakf Board, Hu:r House, Nampary, t 4 One CC to SRt DANTU VENKATA RAMANA SARMA, Adv: ;ate tOpUCl 5. One CC to SRt FARHAN AZAM KHAN, SC FOR WAKF BO. \RD [OPUC] 6. Two CCs to Gp FOR STAMPS q REG|STRAT|ON, High ( ourt for the Srate 7. Two CD Copies of Tetangana at Hyderabad tOUfi BSR HIGH COURT DATED: 1211212025 Tllr: t c 5 p * :1 I o() 't I * I ORDER WP.No.38281 of 2025 DISPOS!NG OF THE WRIT PETITION, WITHOUT COSTS eE l" N