1. Smt Maku Pochamma v. 1. State of Telangana
Case Details
Acts & Sections
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 memorandum of deposit of title deeds in respect of House bearing No. 29-1 435t107/A (PTIN No. 1280768688) (old No. 2g-1429t 107 Portion), consisting of Ground and First Floor, on Plot No. 107 Part, in Survey Nos. 289 to 294,306 Part and 309 Part, admeasuring 100.0 Sq. yards or 83.60 Sq. Mtrs., with a built-up area of 1072 Sft., situated at J.K. Colony, Neredmet, Malkajgiri, Under GHMC of Malkajgiri Circle and Mandal, Medchal- Act and against the settled principle of law and consequently direct the 2nd respondent to receive, register and release the memorandum of deposit of title deeds in respect of the above property and to counsel for the Petitioners : sRr. GUDt MADHUSUDHAN REDDY counsel for the Respondent Nos. 1 & 2: sMT. s. SRAVANTHI, AGp FoR REVENUE counsel for the Respondent No. 3 : SRI FARHANAZAM KHAN, sc FoR WAKF BOARD The Court made the following: ORDER i'l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITIoN No.39387 OF 2O25 Date: 23.L2.2O25 Between: Smt. Maku Pochamma and another Petitioners AND The State of Telangana, Rep. by its Principal Secretar5r, Revenue Department, Secretariat, Hyderabad & two others ...Respondents ORDER: Heard Sri G.Madhusudhan Reddy, learned Counsel for the petitioners and Smt. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan 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 SK,J W.P.No.393a7 of 2o25
2. Aggrieved by the action of the respondent No.2 in refusing to receive, register and release the Memorandum of Deposit of Title Deeds in respect of House bearing No.29- 14351 tO7 I A (PTIN No.1280768688) (old No.29- 1429 /107 potion), consisting of ground and first floor on Plot No.7O7 part, in Sy.Nos.289 to 294,306 part and 309 part, admeasuring 1OO square yards or 83.60 square meters with a built-up area of lO72 square feet situated at J.K. Colony, Neredmet, Malkqjgiri, under GHMC of Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, 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 qbjections, appropriate orders shall be passed AS contemplated under Sectiorr 71 of the Registration Ac-t, i I I i i 3 . sK,J W.P.No.39387 of 2o25 1908 (for short, the Act, 1908). Therefore, learned Assistant Government Pleader has requested this Court to pass appropriate orders
4. The Section 7L 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 delhy, give him a copy of the reasons so recorded. (21 No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered I I
5. In view of the above made submissions coupled with the provision under Section 7L of the Act, 19O8, this writ petition 1S disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the 4 SK,J W.P.No.39387 of 2o25 t': 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 commu.nicate 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. OSMAN ALI BAIG ASSISTANT REGISTRAR6 SECTION OFFICER //TRUE COPY'/ To,
1. principal Secretary, Revenue Department secretariat' state of Telangana' Hyderabad.
2.TheSubRegistrar,Malkajgiri,MedchalMalkajgiriDistrict 3. The Telangana state wakf Board, rep by its Chief Executive Officer Nampally'
4. one cc to sRl GUDI MADHUSUDHAN REDDY, Advocate [oPUC] 5. ONE CC tO SRI FARHAN AZAM KHAN' SC FOR WAKF BOARD' AdVOCAIC
6. Two ccs to Gp FOR REVENUE, High court for the state of Telangana. loPUCl
7. Two CD CoPies PVL LS *y I I ilIi II \ \ HIGH COURT DATED i2311212025 ORDER WP.No.39387 of 2025 i % ^\\' \-s \ \ H9 IH ,h u- t iG I * DISPOSING OF THE VI/RIT PETITION WITHOUT COSTS \o n'b*"