The High Court · 2025

Petition Under Article 226 of the Constitution of lndia praying that in the l 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 3rd respondent in refusing to receive, register and release the Sale Deed in respect of part of residential House bearing no.29-144Ol222l2lVLT on Part of Plot No. 226, admeasuring 100 Square Yards (out of 222 Sq. Yards in Sy. No. 289 and 290 with built up area of 100 Sq. Feets of ACC Sheets, situated at J.K. Colony, Kakatiya Nagar, Neredniet, Malkajgiri under Malkajgiri Circle and Mandal, within the limits of cHMC, Medchal Malkajgiri District, as illegal, arbitrary, against the provisions of Registration Act and against the settled principles of law and consequently direct the 3' respondent to receive, register and release the Sale Deed in respect of part of residentiat House bearing no. 29-1 4401222124/LT on Part of Plot No. 226, admeasuring 100 Square Yards (out of 222 Sq. Yards in Sy. No. 289 and 290 with builtup area of 100 Sq. Feets of ACC Sheets, situated at J.K. Colony, Kakatiya Nagar, Neredmet, : Malkajgiri under Malkajgiri Circle and Mandal, Within the limits of GHtr/C, Medchal Malkajgiri District, in the interest of Justice. |.A.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 3rd respondent to forthwith receive,'register and release the Sale Deed in respect of part of residential House bearing no. 29-1440t222t2/VLT on part of plot No. 226, admeasuring 100 Square Yards (out of 222S,q. Yards in Sy. No. 28g and 290 with built up area of 100 Sq. Feets of ACC Sheets, situated at J.K. Colony, Kakatiya Nagar, Neredmet, Malkajgiri under tt/alkajgiri Circle and Mandat, within the limits of GHMC, Medchal Malkajgiri District, in the interest of Justice, pending disposal of main writ petition. Counsel for the Petitioners : SR! S.SURENDER REDDY counsel for the Respondent Nos.1 to 4 : sMT S.SRAVANTH|, AGp FoR REVENUE counsel for the Respondent No.S : sRt FARHAN AZAM KHAN, sc FoR TELANGANA STATE WAKF BOARD The court at the stage of admission made the foilowing ORDER t I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH No Date: 30.12.20125 3 OF Between: Sri Asam Venkata Subba Reddy and another ...Petitioners i I I AND The State of Telangana, Rep. by its principal secretary, Revenue (stamps and Registration) Department, Secretariat, Hyderabad & three others ORDER: ...Respondents Heard learned counser for the petitioners and srrrt. s.sravanthi, learned Assistant Government pleader for stamps and Registration and Sri Farhan AzamKhan, 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. a 2 SK,J W.P.No.4O2B6 of 2O2S

2. Aggrieved by the action of the respondent No.3 in refusing to receive, register and release the sale deed in respect of paft of residential house bearing No.29- r44o/222/2/vLr on part of plot No.226, admeasuring 100 square yards (out of 222 square yards in sy.No.289 and 2go with built-up area of loo square feet of ACC sheets, situated at J.K.corony, Kakatiya Nagar, Neredmet, Malkajgiri under Malkajgiri circre and Mandal, within the limits of GHMC, Medchar-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 same and foll0w the procedure. If there are any objections, appropriate orders shalr be passed as "o}.Solated under section T l of the Registration Act, 1908 (for short, the Act, 19og). Therefore, rearned a 3 SK,J W.P.No.4O236 of 2o25 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 delay, 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.

5. In view of the above made 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 I I document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp 4 SK,J W.P.No.4O236 of 2O2S '{ 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 document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR 6 SECTION OFFICEh

1. The Secretary, Revenue (Stamps and Registration) Department, Secretariat, State of Telangana at Hyderabad.

2. The District Registrar, Medchal Malkajgiri District. 3. The Sub- Registrar, tvlalkajgiri, Medchal Malkajgiri District. 4. The Chairman, Telangana State Wakf Board,, Nampally, Hyderabad. 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 6. One CC to SRI S.SURENDER REDDY, Advocate [OPUC] 7. One CC to SRI FARHAN AZAM KHAN, SC FOR TELANGANA STATE WAKF Hyderabad. IOUTI t BOARD, Advocate (OPUC) B. Two CD'Copies \ To SA ,, r' t, I i t ( '* 'THE Sa c 0 g JAt+ iuo '? !;.:'At''' t- - . ,.-al.rE.. -- a -'. --.-----1.-rltE rF___+-_ - {r-:s} HIGH COURT DATED:30/1 2t2O2S ORDER WP.No.402gG of 2025 DtsPosiruc or tnE w.P - -.- AT THE STAGE OF ADIT,IISSION WITHOUT COSTS. ".:r'ra-:ii.+:,.. I :. .. . $"