Smt. Kirmani Tahera Begum Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Smt. Kirmani Tahera Begum Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Registering Authority directed to receive, register and release the subject document upon presentation by the petitioners, subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899; any refusal to be with duly assigned reasons communicated to the petitioners; no order as to costs; miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the action of respondent No.2 (Sub-Registrar, Malkajgiri) in not receiving the document presented by the petitioners for registration of the residential house property is illegal/arbitrary, warranting a mandamus directing the 2nd Respondent to entertain registration and release the document without insisting on a no-objection certificate (NOC) from the 3rd Respondent (Wakf Board).

Court's answer

The writ petition is disposed of by directing the Registering Authority to receive, register and release the subject document when presented by the petitioners, subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899; the Registering Authority may refuse the document if it has any objection, by duly assigning reasons in support of such decision and communicating the said decision to the petitioners.

Key takeaways

The Court expressly made clear that it has not expressed any opinion on the merits of the case as to the entitlement of the petitioners to get the subject document registered.obiter¶47

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Justice K. Sarath), Writ Petition No.23137 of 2025, decided 06-08-2025: Petitioners, under Article 226 of the Constitution, sought a writ of mandamus declaring illegal the action of the Sub-Registrar, Malkajgiri (respondent No.2) in not receiving the document presented for registration of their residential house property bearing H.No.30-64/5, PTI No.1170804784 (Ground + First Floor, 1000 sft. each), Plot No.31, extent 208.00 sq.yards, Sy.No.342, Bharath Nagar, Old Safilguda, Malkajgiri, and prayed that registration be entertained and the document released without insisting on a NOC from the Telangana Wakf Board (respondent No.3), invoking Article 300-A. With consent of counsel, the writ petition was disposed of at the stage of admission: the Registering Authority was directed to receive, register and release the subject document when presented, subject to compliance with the Registration Act, 1908 (text of S.71 — recording of reasons for refusal — being quoted in the order) and the Indian Stamp Act, 1899; the Authority was left free to refuse the document on any objection by duly assigning reasons and communicating the decision to the petitioners. The Court expressly expressed no opinion on the merits of the petitioners' entitlement to registration. No order as to costs; miscellaneous petitions, if any, closed.

[³³⁰² ]

IN THE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

WEDNESDAY,THE SIXTH^{DAY OF AUGUST} TWO THOUSAND AND^TWENTYFIVE

PRESENT

THE HONOURABLE SRI^{JUSTICEK. SARATH}

WRIT PETITIO^{N NO: 23137OF 2025}

Between:

Smt. Kirmani^{TaheraBegum,W/o. K. RahimthujaniAged about 74 yearc, Occ'} Housewife, r/o. 30-64/5.^{Bharathnagar, Old Safilguda,-Hyderabad} ^

Kirmani lmthiyaz, S/o.^{K. Rahimtujani,Aged about} -52^yeals' Ilcc:.ts.usrness^flo' - S. z-+, Xifi5ni Srinlvasi Anf, eegt*, Nagar Colony, Gatekesar, Medpally,^{D/o. K. Rahimthujani,w/o. Nazeer} Ranga Reddy^Basha, District^{aged about} ,⁵² - y;;.'j' o;. norie*iie, r/o. Flat No, 303, 4th floor, Sai Tirumala Homes, Netaji Nagar, Nellore, A.P.

+. kirirjn nmeena Begum,^{D/o. K. Rahimthujanlw/9. Md.AbdulToufeeq- Ahmed,} aqed about 45^{yeais, occ. Housewife,ri6. rtat No. 201,SriKishan Mansion,} H-vdernaqar. Kukatpallv, Hvderabad.

s. A6ioi^{(6iiCer, old. xl Rdrrimtnulani,w/o. Abdut Jabbar, aged about 43 years,} r/o. 30-64/5, Bharathnagar,^{Old Safilguda, Hyderabad}

O. kitmanif iyir Ahmed,^{S7o. kRatrimt-nuiani,igedabo.ut 41 years, Occ. Business.} tt o. 3o-6it 5, Bharathnagar,^{OIdSafilguda, Hyderabad.}

...PETITIONERS

AND

'I . The State of Telangana, represented by its Principal Secretary^{(Stamps and} Registrations), Secretariat,^Hyderabad.

1. Thd Sub-Registrar,^{tvlalkajigiri,MlakajigirilMedchal Diskict.}

e. iil T;lr"gini^{Wat<fedaio, rep.ei-its Chief Executiveofficer, HuzHouse,} Nampally, HYderabad.

...RESPONDENTS

Petition under Artiele^{226 of lhe constitutionof lndia prayingthat in the} circumstances stated^{in the qffidavit filed therewith,the High court may be pleased} to issue a writ or order^{or direction more particularlyin the nature writ of mandamus} declare the in action of the^{Respondents2nd not receiving the document presented} by the^petitioner for the^{Residential House Property bearing H.No.30-64/5,PTI No.} 1170804784 consisting built^{up area in two floors i.e. Ground + First Flooreach} floor consisting of^{'1000 sft., on plot No. 31 to an extentof 208.00 sq.yards or} 173.88 sq.mtrs in survey^{No.342 situated at Bharath Nagar, Old Safilguda,}

Malkjaigiri, within the timits of GHMC, under Matkajigiri circle and Mandal, Malkajigiri-Medchal District is illegal, atbitrary and against to the provisions of law and contrary rights guaranteed under 300 -A of Constitutional of lndia and consequenfly direct the 2nd Respondent to e ntertain the registration of the Sale Deed to receive, to processes, to register and release the document presented by the petitioner without insisting no-objection certificate (NOC) from the 3.d Respondent

lA NO: 1 oF 202s

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 preased to direct the Respondent No.2nd herein to consider documents fired by the petitioner herein pertaining to the Residentiar House property bearing H.No.30-64/5, prr No. 1170804784 consisting built up area in two froors i.e. Ground + First Froor each floor consisting of 1000 sft., on prot No. 31 to an extent of 20g.00 sq.yards or 173.88 sq.mtrs in survey No.342 situated at Bharath Nagar, Old Safilguda, Markjaigiri' within the rimits of GHMC, under Markajigiri circre and [,andar, Malkajigiri-Medchar District within the rimits of GHMc, under Markajigiri circre and Mandal, Malkajigiri-Medchal District in favour of the vendee

Counset for the petitioner: SRl. OANTU VENKATA RAMANA SARMA

Counsel for the Respondent Nos. .t&2: Smt. S. SRAVANTHI,

AGP FOR STAMPS AND REGISTRATION

Counsel for the Respondent No.3: SRt FARHAN AZAM KHAN,

SC FOR WAKF BOARD

The Court made the following: ORDER

THE HONOURABLE SRI JUSTTCE K.SARATH^.

WRIT PETITION No.23137 of 2025 .

ORDER:

Heard Mr. D.V.Ramana Sarma, learned^{counsel for} the^{petitioners and Smt. S.Sravanthi, learned Assistant} Government^{Pleader for Stamps and Registrationappearing} for the^{respondentNos. 1 and 2and Mr. FarhanAzam} Khan,^{learned Standing Counsel for Wakf Board appearing} for respondent^{No.3. With their consent,this writ petitionis} disposed^{of at the stageof admission itself.}

Aggrieved^{by the action of the respondent No.2 in not} receiving^{the document presentedby the petitioners for the} Residentiat^{House Property bearing H.No.30-64/5, FrII} No. 117O804784^{consistingbuilt up a-rea in two floors on} plot No.31 to an extent^{of 208.00 Sq. Yards in Sy.No.342} situated at^{Bharath Nagar,Old Safilguda, Malkajgiri, under} Malkajgiri^{circle and Mandal, Malkajgiri-Medchal District,} the petitioners^{Iiled the presentwrit petition.}

Learned Assistant Government Pleader for^Stamps and Registration submits that without^{presentingthe}

I

-^x

,

subject document, the petitioners have approached this Court seeking registration of the said document. If the petitioners present the same before the Registering authority, the respondents will receive the same and follow the procedure AS contemplated under Section 7I of fne Registration Act, 19Og (for short, the Act, tgog).

4 Section Tl of the Act, 190g, reads as foilows:

Reasons for refusal to register to bc recorded._

(1) Every Sub-R€gistrar 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 relusal and rccorded 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.

(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 aforesaid submissions coupled with the provision under Section Z7 of the Act, 190g, this writ

:--3''.9]--' -:.':34

,rr;....--'-.,,i.aj

7

petition is disposed of directing the Registering Authorit5z to receive, register and release the subject document tJlat 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 Indial Stamp Act, 1899. It will be open to the Registering Authorit5r 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 sha_[ be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ

petition shall stand closed

SD/. L. LAKSHM] BABU DEPUW REGISTRAR

//TRUE COPY//

6e, sEcillgi\l oFFICER

To,

The Princioal Secretary (Stamps and Registrations), Secretariat, T.S.,Hyderabad. ? Jlr"^{S^,lq-8"_Sistrar,Matkajigiri, Mtakajigiri/Medchat} District. J. rne untet txecutive Officer, Telangana Wakf Board, Huz House, Nampally, Hyderabad. 1. 9n"^{CC to SRt. DANTU_YENKATA} RA|\4ANA SARMA, Advocate IOPUCI 5. rwo ccs to Gp FoR srAMpseruo neorbirfriiijNi:it;t;,h"iolin," st"t" ^^{of Telangan_a at Hyderabad[OUT]}

One CC to SRt. FARHAN AZAM KHAN, SC FOR WAKF BOARD tOpUCl 7. Two CD Copies BM

PVL

' ,:i,

HIGH COURT

DATED:0610812025

..1.--:
6
,..i,'"
-i+ .- 1<br>2 2 AU8 2025 , li
.",,n-,-,,-'

ORDER

WP.No.23137 ot 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS p