Enja Jagan Vs The State of Telangana

Enja Jagan, S/o. Enja Yakaiah, Age. 34 years, Occ. Private Employee, R/o Plot No. 2301A, J. K. Colony, Rd. No 5, Shivalayam, Neredmet, Malkajgiri, Medchal Malkajgiri District

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Enja Sandhya, S/o. Enja Jagan, Age. 29 years, Occ. House wife, R/o, Plot No. 230/4, J. K. Colony, Rd No 5, Shivalayam, Neredmet, Malkajgiri, Medchal Malkajgiri District.

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,..PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Secretary, Revenue (Stamps and Registration) Department. Secretariat, Hyderabad.

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2 The District Registrar, Medchal Malkajgiri District.

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3 The Sub -Registrar, Malkajgiri, Medchal Malkajgiri District.

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4 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 lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to the action of the 3rd respondent in refusing to receive, register and release the gift Deed in respect of part of residential^plot hearing no. 230lAin Sy.No. 289 admeasuring 50 Sq.yrds, situated at J.K. Colony, Neredmet, Malkajgiri, under Malkajgiri Circle and Mandal, within the limits of GHMC, Medchal Malkajgiri District, as illegal, arbitrary, against the^provisions of Registration Act and against the settled principles of law consequently direct the 3rd respondent to receive, register and release the^gift Deed in respect of^part of residential plot bearing no 230/A in Sy No. 289 admeasuring 50 Sq.yrds,

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situated at J. K. Colony. Neredmet, Malkajgiri, under Malkajgiri Circle and^r Mandal, within the linrits of GHMC, Medchal l\ilalkajgiri District. in the interest of J ustice

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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 3rd respondent to forthwith receive, register and release the gift Deed in respect of part of residential plot bearing no. 230/4 in Sy.No. 289 admeasuring 50 Sq.yrds, situated at J K. Colony, Neredmet, Malkajgiri, under Malkajgiri Circle and Mandal, within the limits of GHMC, Medchal [/lalkalgiri District, in the interest of Justice, pending disposal of main Writ Petition.

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Counsel for the Petitioner: SRI S.SURENDER REDDY

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Counsel for the Respondent No.1 to 3: SMT S.SRAVANTHI,

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AGP FOR STAMPS & REGISTRATION

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Counsel for the Respondent No.4: SRI FARHAN AZAM KHAN, SC FOR WAQF BOARD

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTTCE K.SARATH

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WRIT PETITION No.317O6 of 2o25

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ORDER:

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Heard Mr. S.Surender Reddy, learned counsel for the petitioners, Mrs. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. I to 3 and Mr. Farhan Azam Khan, learned Standing Counsel fclr the respondent No.4-Waqf Board and perused the material on record. With their consent, this writ petition is disposed ol at the stage of admission itself.

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Aggrieved by the actior-r of respondent No.3 in refusing to receive, register and release the Gift Deed in respect of part of residential plot bearing No.230/A 1n Sy.No.289 admeasuring 50 Sq. yards, situated at J.K.Colony, Neredmet, Malkajgiri, under Malkajgiri Circle and Mandal, u,ithin the limits ol GHMC, Medchal-Malkajgiri District, the petitioners filed the present Writ Petition.

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Learned Assistant Government Pleader lor Stamps and Registration submits that without presenting the subject docr-rment, the petitioners have apploachcd this Court seeking registration of the said docurnent. It the petitioners present the sarne before the Registcring authority, ttre respondents will receive the sa.me ancl follovv the procedure AS contemplated under Section 7 i ol the Registration Act, 1908 (for short, the Act, 1908)

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The Section 71 of the Act, 1908, reads as follou's:

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Rea:;ors for refusal to register to be recorded.-

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(1) Euery Sub-Registrar refusing to register a document, except on the ground that the propertA to u..thich it relates is not situated within his sirb-disrric't shall nake an order of refusal and recorded his reasons for such order in his Book No.2, anc.l endorse ttLe words "registration refused" on the documetlt ; and. on application made bg anA person e-rccuting or clairning under the document, shall, without paAmetlt and urtnecessary delag, giue him a copy of the reasons so recorded.

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(2) No registeing offtcer shall accept for registration a doatment so endorsed unless and untiL ttnder the prouisions hereinafter contained, tle docurnent is directed to be registered.

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In view of the aforesaid submissions coupled with the provision under Section 71 of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to 1n receive, register and release the subject document respect of the subject property, subject to the petitioners complying with the provisions of the Act, 19O8 as well as the Indian Stamp Act, 1899. It w'ill be open to the Registering Authority to refusc the document presented belore 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 shall be no order as to costs.

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Miscellaneous Petitions, il any, pending in this Writ

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Petition, shall stand closed.

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To,

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SD/-P. PONNA^KRISHNA ISTANT REGISTRAR //TRUE COPY// SECTION^OFFICER

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1 The Secretary.^{Revenue (Stampsand Registration} ) Department,^Secretariat, Hyderabad.^{State of Telangana}

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