The High Court · 2025

Petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the atfidavit filed therewith, the High court may be pleased to issue a writ or writ more appropriately a writ of Mandamus declaring the action of the Respondent No. 4 orally refusing to receive and register the Sale Deed dated 19-12-2025 in respect of property bearing House No. 41-56, PTIN No' 1171OOlOO5 admeasuring 109.00 square yards or 920 SqMtrs in survey No' 421l'l , situated at Sadulla Nagar, Moula Ali, Malkajgiri, T G" on the ground that the same is incruded in the prohibited rist being the wakf prr perty notified official Gazette No.64 dated 09.02.1989 which is iilegzrt void, uttra u nco nstitutiona r and contrary to the provisions of the Registr; ion Act, .1gog particurarry sections 17, 22-A, 49, 71, 72, 73 and 76 0f the Ft rgistration Act 1908 and also in vioration of 3004 of the constitution of rndia and ,r ,nsequenry decrare the Gazette No.64 dated 09.02.1ggg is not binding on t re property of the petitionerSintheintereStofjusticeandequity' virus, in the lA NO: 1 OF 2025 petition under section 151 cpc praying that in the circ L mstances stated in the affidavit fired in support of the petition, the High court may ,e preased to direct the Respondent No. 4 to receive, register and rerease the sar,: Deed dated:1g-12- 2025 in respect of property bearing House No. 4i-56, pTl No. 1171001005 admeasuring 'r0g.00 square yards or g2.0 Sq.Mtrs in survey r\( . 42111, situated at Sadulla Nagar, Moula Ali, Malkajgiri, T.G., pending disposal cr1 the writ peiltion in the interest of justice and equity. Counsel for the petitioners:SRl. SALEHA BEGUM counser for the Respondents No 1 To 4: sMT s. SRAVANTHT \Gp FoR STAMPS AND REGISTF ATION Counsel for the Respondent No5 : SRI FARHAN AZAM KHAI\I SC FOR WA.F 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. 39836 of2025 TH,E' 29Ih DAY OF DECEMBER 2025 Between: Mrs. Rukhiya Begum & another AND ...Petitioners The State of Telangana, Rep. by its principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & 4 others. ORDER: ,,.Respondents Heard Sri Saleha Begum, learned counsel for the petitioners and Smt. S.Sravanthi, learned Assista:rt Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 4 and Sri Farhan Azarn Wtan, learned Standing Counsel for Waqf Board appearing for respondent No.5. With their consent, this Writ petition is disposed of at the stage of admission. 2, Aggrieved by the action of the Respondent No.4 orally refusing to receive and register the Sa,le Deed dated lg.t2.2O2S rn respect of No.1 171001005) property bearing House No.4 156 (FrllN admeasuring 109.00 Square yards (or 92.0 2 Sq.Mtrs) ln Survel, No.421/ 1 situated at Saduil r Nagar, Moula A1i, Malkajgiri, on the ground that the same isr included in the prohibited list being the Wakf Property notifit: I in the officia] Gazette No.6A dated 09.O2.1989, the petitir ners filed the present Writ Petrtion.

3. Learned Assistant Government Pleader i rr Stamps and Registration submits that the petitioners have r .pproached this Court seeking registration of the said do: rment without presenting it before the Registering Authority. I the petitioners present the document to the Registering authority, the respondent authorities will receive the same and follow the procedure. If there are any objections, appropr-. ete orders sha-lI be passed as contemplated under Section 71 o1 :he Registration Act, 1908 (for short, 'the Act, 1908). In vi,: v of the same, learned Assistant Government Pleader request( C this Court to pass appropriate orders

4. Section 7 1 of the Act, i 908, reads as follorr r: Reasons for refusal to register to be recorded,-- (1) Every Sub-Registrar refusing to rr:1 ister a document, except on the ground that the pl( perty to which it relates is not situated within his sr-l -district shall make arr order of refusal and reccn led his reasons for such order in his Book No.2, anrl endorse I \ 3 the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessar)r delay, give hrm a copy of the reasons so recorded. (2) 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.

5. In view of the aJoresaid submissions coupled with the provision under Section 7L of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document that may be presented by the petitioners in respect of the subject property, subject to the petitioners 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 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 documents registered. There shall be no order as to costs. 1, 4

6. Miscellaneous Petitions, if any, pendin i in this writ petition shall stand closed. ,SI /. OMINA MEHAR T REGISTRAR ASSil; //TRUE COPY// ON OFFICER E \ To, 1 The Principal Secretary, Stamps and Registration, State c' Secretariai Hyderabad. T.G. Te angana

2. The lnspector General of Stamps and Registration, State: rf Telangana, Office at Mozamjahi Market. N.S. Road, Hyderabad, T.G,

3. The District Collector, tt4edchal lValkajgiri, Office at Shant 'pet Medchal District, T.G. 4 The Sub Registrar, Registration and Stamps, Office at lV: kajgiri lVledchal District, T.G.

5. The Chief Executive Officer, Telangana State Wakf Boax , Haj House, Nampally, Hyderabad, T.G.

6. One CC to SRl. SALEHA BEGUM, Advocate [OPUC] 7. Two CCs to GP FOR STAMPS AND REGISTRATION , - gh Court for the State of Telangana at Hyderabad . [OUTI

8. One CCto SRI FARHANAZAM KHAN SCFORWAQFBCI RD, [OPUC] 9. Two CD Copies DAN HIGH COURT DATED:2911212025 ORDER WP.No.39836 of 2025 x-l . f r,1 \a -) ,t \ ) iiu 0I Iitl i0ZE \\l; '2. ,1,,) \ st'' rg#, DISPOSING OF THE WRIT PETITION WITHOUT COSTS