Hamilpur Devender, Vs The State of Telangana

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO:^'18572 OF 2025

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Between:

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Hamilpur Devender, S/o. H Dayanand, Aged about 49 years, Occ. Business R/ o. 43-291 , Hanuman Nagar, Moula-ali, Malkajgiri, Hyderabad, Telangana

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H. Dharmender, S/o. H Dayanand, Aged 47 years, Occ. Business, R|/o. 43291, Hanuman Nagar, Moula-ali, Malkajgirii Hyderabad, a",rlg3El,r,On a*,

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AND

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The State of Telangana, represented by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad.

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The Sub-Registrar, Malkajgiri, Melchal Malkajgiri District.

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The Telangana WaH Board, Rep. by its Chief Executive Officer, Huz House, Nampally, Hyderabad.

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...RESPONDENTS

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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 Release Deed presented in respect of Residential House bearing No. 43-291, on Plot No. 291, in Survey No.407, admeasuring 174.00 Sq. Yrds. or 145.46 Sq. Mtrs., with a built-up area of 360.00 Sq. Ft of A.C.C. Sheet Roof with walls, situated at HANUMAN NAGAR, Moula-ali, under Malkajgiri Municipality and Mandal, Medchal-Malkajgiri District (erstwhile Ranga Reddy District), is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release Release Deed Agreement cum General Power of Attorney/ any other deeds that may be presented by the petitioner in respect of Residential House bearing No. 43-291, on Plot No. 291, in Survey No. 407, admeasuring 174.00 Sq. Yrds. or 145.46 Sq. Mtrs., with a built-up area of 360.00

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Sq. Ft of A.C.C. Sheet Roof with walls, situated at HANUMAN NAGAR, Moula-ati, under Malkajgiri Municipaliiy and Mandal, Medchal-Matkajgiri District (erstwhile Ranga Reddy District), without insisting No-objection certificate (Noc) from the Respondent No.3.

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lA 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 the Respondent No.2 forthwith to receive, process, register and release the subject Release Deedi any other deeds presented by the petitioner in respect of Residential House bearing No. 43-29.1 , on plot No. 291, in Survey No. 402, admeasuring 174.00 sq. Yrds. or 145.46 Sq. Mtrs., with a built-up area of 360.00 Sq. Ft of A.C.C. Sheet Roof with wa[s, situated at HANUMAN NAGAR, Mouta_ati, under Malkajgiri [,4unicipality and Mandal, IVedchal-Malkajgiri District (erstwhile Ranga Reddy District), without insisting No-objection certificate (Noc) from the Respondent No.3, pending disposal of the writ petition in the interest of justice.

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Counsel for the Petitioners: SRt SUBBA RAO VADREVU counsel for the Respondent Nos.1 & 2: Gp FoR srAMps AND REGtsrRATtoN Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR TSWB

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The Court made the following: ORDER

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;)€-

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THE HONOURABLE SRI JUSTICE^K.SARATH

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WRIT PETITION No.ra672 of 2025

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ORDER:

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Heard learned counsel for the^{petitioners and learned} Assistant Government^{Pleaderfor Stamps and Registration} and Sri Farhan Azam^{Khan, learned Standing Counsel for} the Telangana State^{Wakf Board appearing forthe} respondents and^{perusedthe material on record'With their} consent, this writ^{petition is disposedof at the stage of} admission.

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Aggrieved by^{the action of the respondentNo'2 in not} receiving, registering^{and releasing the ReleaseDeed} presented in respect of^{Residential House bearing} No.43-291, on Plot^{No.291,in SurveyNo.4O7, admeasuring} l74.OO Square^yards or^{145.46 Squaremeters', with a} built-up area of 360.00^{Square feet of A'C'C' Sheet Roof} with walls, situated at^{HanumanNagar, Moula-ali, under} Malkajgiri Municipality^{and Mandal,Medchal-Malkajgiri} District (erstwhile^{Ranga Reddy District), the petitionerfiled} the present writ Petition.

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2

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w.P.No.7as72 "tlfrlt 3. l,earned Assistant Government Pleader for Stamps and Registration submits that without presenting the document. the petitioners have approached this Court seeking registration of the document.. If the petitioners presents the same before the Registering authority, the respondents will receive the same and follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908')

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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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(1) Every Sub-Registrar refusing Lo register a do<;ument, except on the ground that the property to which it relates is not situated u.itl'rin his subdis trict shall make an order of refusal and recorded his reasons for such order in his Book No.2, and enclorse thc words "registration refused" on the document; and, on application made by an5, 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 registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is dirccted to be registered.

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' uo,, W.P.No.1a572 of²⁰²⁵

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5 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 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 asslgnln8 reasons ln 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 sha-ll be^no order as to costs.

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6, Miscellaneous Petitions, if any,^pending in this^writ petition shall stand closed.

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Sd/- P. PONNA^KRISHNA A SISTANT REGISTRAR

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//TRUE COPY// SECTION OFFICER

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To 1. The Principal Secretary^{(Stamps and Registrat} ),^{Secretariat,HYderabad,} State of Telangana.

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z ine^{-SuU-negi5trar, Malka.igiri, Melchal Malkajgiri.District'} e. tfi" Cni"t Eiecutive^{Offii6i, Uuz House, Narirpally, Hyderabad, Telangana} WaK Board.

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+. ci,ie cbiotRl sUBBA^{RAo vADREVU,} {dvgcgte^[oPUC] - d. iil cc.io-cilon'siArrlps^AND FEg|STRATION,^{Hish court for the} - Siaie of Telangana, at Hyderabad. [OUI- - ^ - o. 6rie-ct iJ^{SnT FAnnAr.t'nznuKHAN, sC FoRTSWB[oPUC]} 7. Two CD CoPies

PSK.

HIGH COURT

DATED:0210712025

ORDER

WP.No.18572 ot 2025

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