Syed Khaleeluddin Vs The State of Telangana

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133021

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

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WEDNESDAY, THE SIXTH 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: 23176 OF 2025

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Between:

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Syed Khaleeluddin, S/o. Syed Naseerunddin, Aged about 43 years, Occ; Business, Rl/o. H.No.42-602115, P. No. 172, Street No. 6, t,4 J Colony, Moula-ali, Hyderabad, TS.

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.....PETITIONER

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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, tvlalkajgiri, Ivledchal tulalkajgiri District.

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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 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 Memorandum of Deposit of Title Deeds of the subject property in favour of RBL Bank Limited presented in respect of House Bearing No.30-1 18/2/4, Old No.3011812, on Plot No.49, in Survey No.341, admeasuring 249 Sq. Yds or 208.16 Sq. Mtrs, situated in Bharath Nagar, Malkajgiri, under GHMC of tvlalkajgiri Circle and lr/andal, Medchal-tvlalkajgiri District, is illegal, arbitrary and contrary to provisions of law and violation of Article 300-A of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and Memorandum of Deposit of Title Deeds of the subject property in favour of RBL Bank Limited /any

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other deeds that may be presented by the petitioner in respect of House Bearing No.30-'1 181214, Old No.30-1 1812, on Plot No.49, in Survey No.341, admeasuring 249 Sq. Yds or 208.'1 6 Sq. Mtrs, situated in Bharath Nagar, Malkajgiri, under GHI/C of Malkajgiri Circle and l\rlandal, Medchal-Malkajgiri District, without insisting No-objection Certificate NOC from the Respondent No.3.

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|.A.NO: 1OF 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 drrect the Respondent No.2 forthwith to receive, process, register and release the subject lt/emorandum of Deposit of Title Deeds of the subject property in favour of RBL Bank Limited/ any other deeds presented by the petitioner in respect of House Bearing No.30-118/214, Old No.30- 1 1812, on Plot No.49, in Survey No.341, admeasuring 249 Sq. Yds or 208.16 Sq. Mtrs, situated in Bharath Nagar, Malkajgiri, under GHIVIC of tValkajgiri Circle and [v1andal, tr/edchat-Malkajgiri District, without insisting No-<ibjection 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 Petitioner : Ms BOBBALA JYOTHIRMAI

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Counsel for the Respondent Nos.1 & 2 : SMT S.SRAVANTHI, AGP FOR REVENUE

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Counsel for the Respondent No.3 : SRI FARHAN AZAM KHAN, SC FOR WAQF BOARD

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The Court made the following ORDER

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7'

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THE HONOURABLE SRI JUSTICD K.SARATH

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WRIT PETITION No.23L76 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. i and 2 and Sri Farhan Azarn Khan, 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 the lcspondent No.2 in not receiving, registering and releasing the Memorandum of Deposit of Title Deeds of the subject property in favour of RBL Bank Limited presented in respect of House Bearing No.30-11812/4 (Old No.30-L18l2) on Plot No.49 in Survey No.34 1 admeasuring 249 Sq. Yards situated in Bharath Nagar, Malkajgiri, under GHMC of Malkajgiri Circle arld Mandal, Medchal-Malkajgiri District, the petitioner hled the present writ petition.

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Learned Assistant Government pleader for Stamps and Registration submits that without presenting the subject document, the petitioner has approached this Court seeking registration of the said document. If the petitioner presents the same before the Regrstering 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, 1908J.

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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 to register a document, except on the ground that the property to which it relates is not situated within his subdistrict 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 ald 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 directed to be registered.

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a

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In view of the aforesaid submissions coupled with the provision under Section Tl of the Act, 190g, this 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 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 documents registered. There shall be no order as to costs.

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6 Miscellaneous Petitions, if any, pending in this writ

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petition shall stand closed.

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SD/.A.V.S.PRASAD PUTY REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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