1. Ather Shareef v. The State of Telangana

Petition under Article 226 of lhe 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 subject Sale Deed presented in respect of the H. No.41-8213512, (old No.41- 84128) on Plot No.28, in Survey No.424, admeasuring 427 Sq. yards, situated at Sadulla Nagar, I\,4alkajgiri, tvledchal Malkajgiri 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 the subject Sale Deed/ any other deeds that may be presented by the petitioner in respect of the H. No.41-8213512, (old No.41-84128) on Plot No.2B, in Survey No.424, admeasuring 427 Sq. yards, situated at Sadulla Nagar, Malkajgiri. lvledchal Malkajgiri District, without insisting No-objection Certificate (NOC) from the Respondent No.3. IA NO: 1 OF 2025 7 Petition under Section 151 CPC praying that in the c r lumstances stated in the affidavit filed in support of the petition, the High Cor- r may be pleased to direct the Respondent No.2 forthwith to receive, process, rr:r ister and release the subject Sale Deed/ any other deeds presented by the petit ( ners in respect of H. No.41-8213512, (old No.41-84128) on Ptot No.28, in Survey Jo.424, admeasuring 427 Sq. yards, situated at Sadulla Nagar, tvlalkajgiri, Medc;l al Malkajgiri District, without insisting No-objection Certificate (NOC) from th, Respondent No.3, pending disposal of the writ petition in the interest of justice Counsel for the Petitioner: SRI SUBBA RAO VADREVU Counsel forthe Respondent No.1 & 2: SMT. S. SRAVANTH ASST. cp FOR STAMPS & REGISTF ATION Counsel for the Respondent No.3: SRI FARHAN AZAM KHt N 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.38957 of 2o25 THE 18TH DAY OF DECEMBER 2025 Between: Ather Shareef and Others ...Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration, Secretariat, Hyderabad and Two othcrs. ...Respondents ORDER: Heard Sri Subba Rao Vadrevu, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos. I and 2,. Sri Farhan Azam Khan, learned counsel appearing for respondent No.3 and perused the material on record. With their consent, this Writ Petition is d isposed of at the stage of admission itself

2. Aggrieved by the action of respondent No.2 in refusing to receive, register and release the subject sale deed presented in respect of H.No.41 82 135/2, (OId No.zl 1-84/2Bl on Plot No.2B in 2 Sy.No.424, admeasuring 427 Sq.yards, situated at I iadulla Nagar, Malkajgiri, Medchal-Malkajgiri District, the petiti: l ers filed the present Writ Petition.

3. Learned Assistant Government Pleader fo - Stamps and Registration submits that the petitioners have ap proached this Court seeking registration of the said docrt nent without presenting it before the Registering Authority. If he petitioners present the document to the Registering authority, I he respondent authorities will receive the same and follovg the pro': :dure. If there are any objections, appropriale orders shall I e passed as contemplated under Section 71 of the Registratiorr Act, 1908 (for short, 'the Act, 1908'). In view of the same, leur ned Assistant Government Pleader requested this Court to prt ,s appropriate orders.

4. The Section 71 of the Act, 19O8, reads as follo' ',S: Rer:sons for reJusal to regLster to be recorded.- (1) Euery Sub-Registrar refusing to register rt except on the ground that the prope,lA to whicl not situated within his sub-district sholl make refusal and recorded his reasons for such ordet. No.2, and endorse the u.tords "registration reft.'., document; and, on appLication made bg anA pers( or claiming under the document, shall, rtithout 1t, unnecessary delay, giue him a copy of the recorded. doanment, .t relates is rn order of n his Book ed" on the n executing .gment and -eosons so - 3 (2) No registeing officer shall accept for registration a doatment so endorsed unless and until, und.er the proutsions hereinafter contained, the doanment is d_irected. to be registered.

5. In view of the aforesaid submissions, coupled with the provisions under section 7l of the Act, lgog, 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 petitioncrs com plying with the provisions of the Act, 19OB as well as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the document presented before it, if there are an_y objections, by duly assigning reasons in support of such decision and communicate the same to the petitioners thereon. It is made crear that this court has not expressed arly opinion on the merits ol the case or the entitlement of the petitioners to get Lhe 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// P.C. SULEKH A SISTANT TRAR SECTION OFFICER To, \ '1 . The Principal Secretary (Stamps and Registration), The State of e langana, Secretariat, 2 3 4 5 6 7 Hyderabad. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri Drstrict. The Chief Executive Officer, The Telangana Wakf Board, Huz Hous One CC to SRI SUBBA RAO VADREVU, Advocate [OPUC] one cc to sRl FARHAN AZAM KHAN, Advocate [OPUC] Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Tetangana Two CD Copies BN e, Nampally, Hyderabad . I ,,rz HIGH COURT DATED:1 811212025 ORDER WP.No.38957 of 2025 l { HE S r,'i ,,' ii : t. \. I litt, 2 , t?i a i- * D5.e e1.-r6-;.t- -. iil.-:-:-. .:--.:-:- - ' DISPOSING OF THE WRIT PETITION WITHOUT COSTS J 'r It0l