Venkanna Porally Vs The State of Telangana

Venkanna Porally, Sio. Sri Papaiah, Aged about^{44 yearc, Occ} ;^{Govt Employee,} R/o H.No.29-'14401615A, Plot No.91 , Kakatiya Nagar,^{Neredmet, tr/alkajgiri.}

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.....PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretacy^(Revenue), Secretariat, Hyderabad.

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The District Registrar, I\iledchal- Malkajgiri^District.

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The Sub Registrar, Malkajgiri Medchal^{- Malkajgiri District.}

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The Telangana State Wakf Board, Nampally, Hyderabad,^{rep by its Chairman.}

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution of India^{prayingthat in the} circumstances stated in the affidavit^{filed therewith,} the^{High Courtmay be} pleased to issue Writ, Order or direction more particularly one in the nature^of Writ of f/andamus declaring the action of the^{3rd respondent i.e., The Sub} Regrstrar, Malkajgiri, tr/edchal^- tt/a kajgiri^{District, in refusing to receive,process,} register and release the Trust Receipt and^{lndemnity presented by the Petitioner} in respect of Residential House bearing^{No.29-1 53/91/(Part), on Plot No-91(Part),} in Survey Nos.289 and 290, admeasuring^{120.00Sq.yards or 100.32Sq.Mtrs'with} a Builtup area of 990 Sq feet of^{RCC Roof, Situated at KakatiyaNagar,} Neredmet, within the limits of GHMC,^{MalkajgiriCircle and Mandal,Medchal-} ti/alkajgiri District, as illegal, arbitrary,^{in violation of Articles 14,21and 300-A of} Constitution of lndia and also in^{violation of RegistrationAct, 1908, besides in}

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violation of Principles of Natural Justice and consequently direct the respondent no.3 herein to receive,^process, register and release the Trust Receipt^and lndemnity presented by the Petitioner in respect of Residential^{House bearing} No.29-1 53/91/(Part), on Plot No.9'l(Part), in Survey Nos.289 and^29O, admeasuring 120.00Sq.yards or 100.32 Sq.Mtrs, with a Builtup area of 990 Sq feet of RCC Roof, Situated at Kakatiya Nagar, Neredmet, withtn the limits of GHMC, Malkajgiri Circle and lvlandel, tvledchal-Malkajgiri District,^without reference to the communication issued by the Respondent No. 4 vide Letter Lr. No.S-49/SLR/201 7, dated 04-10-2017.

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I.A.NO:1 OF 2025

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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 respondent no.3 herein to receive,^process, register and release the Trust Receipt and lndemnity presented by the Petitioner in respect of Residential House bearing No.29-¹ 53/91/(Part), on Plot No.9'l(Part), in Survey Nos.289 and 290, admeasuring^{'l20.00Sq.yards} or 100.32 So.N/trs, with a Builtup area of 990 Sq feet of RCC Roof, Situated at Kakatiya Nagar, Neredmet, within the limits of GHIVC, tMalkajgiri Circle and [t/andal, Ivledcha l-l/a lkajgiri District, without reference to the communication issued by the Respondent No. 4 vide Letter Lr. No.S-49/SLR/201 7, dated 04-10-2017 , in the interest of^{justice, pending} disposal of the above writ^petition.

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Counsel for the Petitioner : M/s B.SHIRISHA

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Counsel forthe Respondent Nos.1 to 3 : AGP FOR REVENUE

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Counsel forthe Respondent No.4 : SRI FARHAN AZAM KHAN, SC FOR TELANGANA STATE WAKF BOARD

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The Court at the stage of admission made the following ORDER

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THE HONOURABLE SRI WSTICE K.SARATH

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WRIT PETITION No.1446O of 2025

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ORDER:

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azarn Khan, learned Standing Counsel for the Telangana State Wakf Board appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

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The writ petition is filed declaring the action of the respondent No.3 i.e., The Sub Registrar, Malkajgiri, Medchal-Malkajgiri District in refusing to receive, process, register and release the Trust Receipt and Indemnit5r presented by the Petitioner in respect of Residential House bearing No.29-L53l9Ilpartl, on plot No.91 (part), in Survey Nos.289 and 29O, admeasuring |2O.OO Square yards or 100.32 Square Meters, with a Built up area of 99O Square feet of RCC Roof, Situated at Kakatiya Nagar, Neredmet, within the limits of GHMC, Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, as illegal, arbitrary, in violation of Articles 14, 2I and 3OO-A of Constitution of

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r\K

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r\K w.p.No.74460 "rlf;! India and also in violation of Registration Act, I9Og, besides^M ln violation of principles of Natural Justice and consequently direct the respondent No.3 herein to receive, process, register arrd release the ,frust Receipt and Indemnity presented by the petitioner in respect of Residential House bearing No.29_l53/ 9l/(part), on plot No.91 (part), 1n Survey Nos.2g9 and, 29O, admeasuring 12O.OO Square yards or 1OO.32 Square Meters, with a Buiit up anea of 990 Square feet of RCC Roof, Situated at Kakatiya Nagar, Neredmet, within the limits of GHMC, MaIkajgiri Circle and Mandal, Medchal_Malkajgiri District, without reference to the communication issued by the Respondent No.4 vide Letter Lr.No. S-49lSLR/20 1 7, dated 04.10.2017.

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3 Learned Assistalt Government pleader for Stamps and Registration submits that without presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same and follow the procedure

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I ,1I .T5

'?'illii3.;

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SI(, J W.P.No.14460^{of 2025}

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I

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as contemplated under^{Section 71 of the Registration Act,}

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1908 (for short, the^{Act, 19O8).}

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4, The Section 71 of the Act,^{1908, reads as follows:}

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Reasons for refusal to^{register to be recorded.-}

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(i) Every Sub-Registrar refusing to^{register a} document, except on^{the ground that the propertyto} which it relates is not^{situatedwithin his sub-} district shall make an^{order of refusaland recorded} his reasons for such^{order in his Book No.2, and} end.orse the words "registration^{refused" on the} document; and, on^{application madeby any person} executing or claiming under^{the document,shall,} without payment and unnecessary^{delay, give him a} copy of the reasons so^recorded.

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(2) No registering officer shall accept for^registratton a document so endorsed^{unless and until, under the} provisions hereinafter contained, the^documentis directed to be registered.

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In view of the above^{made submissions coupledwith} the provision under^{Section 71 of the Act, 1908, this writ} petition is disposed of directing the^{Registering Authority to} receive, register and release^{the subject document, subject} to the petitioner complying^{with the provisions of the Act,} 1908 as well as the Indian^{Stamp Act, 1899. It will be open}

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4

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-:. fr}i,

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w.p.No.744so ttifri

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.|

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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 petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shal1 be no order as to costs.

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Miscellaneous Petitions, if any, pending in this writ

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petition shall stand closed.

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//TRUE COPY//

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SD/- T. VIJAY^KUMAR :'t1 :'-o1'l*1l

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\ ..b="r,o* oFFlcER \

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To 1. The Principal^{Secretary, (Revenue), Secretariat'StdtS! of Telangana at} Hvderabad.

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Z. ifre-Oistrict^{Registrar, Medchal- Malkajgiri D-istrict'} -

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fn" Sun^{n"gisirar,tvlalkalgiriMedchal - Malkajgiri District'} i. ft,. chiirrn5n,^{reiangand-statewakf Board, Nampally' Hyderabad'} 5 i;; cG i; ci'^{ron"nrvrNUE,High courtfor the state or relanganaat} Hvderabad. [OUT]

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