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G. Varalakshmi v. The State of Telangana

Telangana HC4 Aug 2025WP/22897/2025

Case brief

AI extract

What is this about?

Writ petition, Stamps and Registration, Sub-Registrar Malkajgiri, refusal to register Sale Deed, Telangana Wakf Board NOC, Old Safilguda, Sy. No. 342, Medchal-Malkajgiri, Article 226 mandamus, Section 71 Registration Act 1908, Section 77 reasons for refusal to be recorded, Indian Stamp Act 1899 compliance, disposed at admission stage with consent, no opinion on merits, no costs.

What did the court decide?

Writ petition disposed of (at admission stage, with consent) directing the Registering Authority to receive, register and release the subject document when presented, subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899; liberty given to the Registering Authority to refuse with assigned reasons communicated to the petitioner; no opinion expressed on merits; no order as to costs; miscellaneous petitions closed.

G. Varalakshmi Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondent No.2 (Sub-Registrar) in not receiving, registering and releasing the petitioner's Sale Deed is illegal, and what direction should issue regarding presentation and registration of the document under the Registration Act, 1908.

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Court's answer

The writ petition is disposed of directing the Registering Authority to receive, register and release the subject document that may be presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act, 1899.

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Ratio / Principle

It is open to the Registering Authority to refuse the document presented before it, if it has any objection, by duly assigning reasons in support of such decision and communicating the decision to the petitioner.

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Key takeaways

The Court expressly did not express any opinion on the merits of the case as to the entitlement of the petitioner to get the subject document registered.ratio¶34

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (K. Sarath, J., single member bench), W.P. No. 22897 of 2025, decided 04-08-2025: G. Varalakshmi, aggrieved by the Sub-Registrar, Malkajgiri's failure to receive, register and release her Sale Deed (Residential House No. 30-52/5/3/1, PTI No. 1170805699, Plot No. 9, Sy. No. 342, Old Safilguda, Medchal-Malkajgiri District) without insistence on a NOC from the Telangana Wakf Board, sought mandamus under Article 226. With consent of all counsel the petition was disposed of at the admission stage. Invoking the scheme of Sections 71 and 77 of the Registration Act, 1908 (recording of reasons for refusal), the Court directed the Registering Authority to receive, register and release the document upon presentation, subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899, while leaving the authority free to refuse the document with duly assigned reasons communicated to the petitioner. The Court expressed no opinion on the merits of the petitioner's entitlement to registration; no order as to costs; miscellaneous petitions closed.

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[³³⁰² ]

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

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IUONDAY, THE FOURTH DAY OF AUGUST 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: 22897 OF 2025

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Between:

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G. Varalakshmi, W/o. G.V. Rami Reddy, Aged about 45 years, Occ. Housewife, H.No. 30-52/6/3/ 1A, Ganesh Nagar, Old Safilguda, R.K,Puram, IValka.igiri, Secunderabad-500056

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...PETITIONER

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AND

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

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2 The Sub-Registrar, N4alkajgiri, Ivledchal Malkajgiri District. The Telangana Wakf Board, Rep. by its Chief Executive Officer, Huz House, Nampally, Hyderabad

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...RESPONDENTS

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Petition under Arlicle 226 of the Constitution of lndra praying that in the ci'rcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Wnt or direction preferably Writ of lvlandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the Sale Deed presented in respect of Residential House bearing No. 30-52/5/3/1, PTI No. 1170805699, on Plot No.9, in Sy. No. 342, admeasuring 162.00 Sq. Yrds. or 135.43 Sq. lvltrs., with a plinth area of 1600 Sq. Ft RCC Roof - Ground Floor 800 Sq. Ft. plus First Floor 800 Sq. Ft., situated at Old Safilguda, under G.H.M.C., t/alkajgiri Circle and [/andal, IVedcha l-ltrla lkajgiri District, is illegal, arbrtrary 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 Sale Deed/any other deeds that may be presented by the petitioner in respect of Residential House bearing No. 30- 5215/311, PTI No. 1170805699, on Plot No.9, in Sy. No. 342, admeasuring 162.00 Sq. Yrds. or

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135.43 Sq. Mtrs., with a^plinth area of 1600 Sq. Ft RCC^{Roof- Ground Floor 800} Sq. Ft. plus First Floor 800 Sq. Ft., situated^{at Old Safilguda, under G.H.t,4.C.'} IValkajgiri Circle and I,4andal,^{I,4ed cha I-tvlaIkajg} iri^{District,without insistingNo-} oblection 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 thatⁱⁿ the^{circumstances statedin} the affidavit filed in support of the^petjtion, the^{High Courtmay be pleased} pleased to direct the Respondent No.2 forthwith to receive,^process, register^and release the subject Sale Deedi any other deeds^presented by^{the petitioner in} respect of Residential House bearing No. 30-52/5/3/1 , PTI^{No. 1170805699,on} Plot No.9, in Sy. No.342, admeasuring 162.00 Sq.^{Yrds. or 135.43Sq. lVtrs.,} with a plinth area of 1600 Sq. Ft RCC Roof-Ground^Floor 800 Sq.^{Ft. + First Floor} 800 Sq. Ft., situated at Old Safilguda, under G.H.lV.C.,^{tvlalkajgiriCircle and} Mandal, Itrledchal-lt/alka^jg iri District, without insisting^{No-objectionCertificate} NOC from the Respondent No.3,^pending disposal of the writ^{petition in the} interest of^justice.

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Counsel for the Petitioner : Ms.BOBBALA JYOTHIRMAI

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Counsel for the Respondents No,1&2 : Ms.S.SRAVANTHI, ASST. GP FOR STAMPS AND REGISTRATION

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Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC^FORWAKF The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.22897 of 2o25

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ORDER:

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Heard Ms. Bobbala Jyothirmai, learned counsel for the petitioner and Smt. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration^appearing for the respondent Nos.1 and 2 and Sri Farhan Azam Khern, learned Standing Counsel for Waqf Board appearing for respondent No.3. With their consent, this writ^{petition is} disposed of at the stage of admission itself.

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Aggrieved by the action of respondent No.2 in not receiving, registering ald releasing the Sale Deed executed by the petitioner in respect of Residential House bearing No.3O-52l5/311, WI No.11'20805699, on Plot No.9 in Sy.No.342, admeasuring 162.OO Sq. Yards, situated at^Old Safilguda, under G.H.M.C., Malkajgiri Circle and Mandal, Medchal-Ma-lkajgiri District, the petitioner Iiled the^present writ petition.

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Learned Assistant Government Pleader for Starnps and Registration submits that without presenting the

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subject document, the petitioner has approached this Court seeking registration of the said document. If the petitioner 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, 19OB).

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4 Section 77 of the Act, 190g, reads as follows

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Reasons for refusal to register to be recorded__

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(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 clocument, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

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(2) No reglstering officer shall accept for rcgistration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

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In view of the above made submissions coupled with the provision under Section 7I of the Act, 1908, this writ

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petition is disposed of directing the Registering Authority to receive, register and release the subject document that may be presented by the petitioner in respect of the subject property, subject to the petitioner 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 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 sha-ll be no order as to costs.

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