Disposed¶45

Naga Satish Motupally v. The State of Telangana

Telangana HC13 Nov 2025WP/34314/2025

Case brief

AI extract

What is this about?

Keywords: writ of mandamus; refusal/non-receipt of document for registration; Sub-Registrar Malkajigiri; Section 71 Registration Act 1908 - reasons for refusal to register; NOC demanded by Telangana Wakf Board; Article 226; Article 300-A property right; Section 151 CPC application; Indian Stamp Act 1899 compliance; disposed of at admission without costs; Telangana High Court 2025; flat registration Old Safilguda Madhu Sai Raji Homes.

What did the court decide?

Registering Authority directed to receive, register and release the petitioner's sale deed subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899, with discretion preserved to refuse the document with duly assigned reasons communicated to the petitioner; no order as to costs; miscellaneous petitions closed. ¶45

Naga Satish Motupally 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 inaction of Respondent No.2 (Sub-Registrar) in not receiving the sale deed document presented by the petitioner, allegedly insisting on a no-objection certificate from Respondent No.3 (Telangana Wakf Board), is illegal/arbitrary and warrants a writ of mandamus directing receipt, registration and release of the document.

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Court's answer

With the consent of counsel, the writ petition was disposed of at the stage of admission, directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

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Ratio / Principle

Consistent with Section 71 of the Registration Act, 1908, it remains open to the Registering Authority to refuse the document if he has any objection, provided he duly assigns reasons for such refusal and communicates the decision to the petitioner.

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Key takeaways

The Court expressly reserved the merits: it did not express any opinion on the entitlement of the petitioner to get the subject document registered.ratio¶45

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad, W.P. No. 34314 of 2025 (K. Sarath, J.; decided 13-11-2025): Petitioner sought mandamus against the Sub-Registrar, Malkajigiri for not receiving his sale deed for Flat No.302, 'Madhu Sai Raji Homes', Old Safilguda (Survey Nos. 329/1 and 446, 43.50 sq.yds UDS), the grievance being insistence on a no-objection certificate from the Telangana Wakf Board (Respondent No.3). The Assistant Government Pleader for Stamps and Registration submitted that on presentation the registering authority would receive the document and follow Section 71 of the Registration Act, 1908 (recording reasons for refusal). With consent, the petition was disposed of at admission: the Registering Authority was directed to receive, register and release the document subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899, while retaining discretion under Section 71 to refuse with duly assigned reasons communicated to the petitioner. No opinion was expressed on the merits of entitlement to registration; no costs; miscellaneous petitions closed.

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[³³⁰² ]

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

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THURSDAY, THE THIRTEENTH DAY OF NOVEIMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE I-IONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 34314 OF 2025

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Between:

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Naga Satish Motupally, S/o.Sri Rama Prasad ft/otupally, Aged about 49 years, Occ. Employee, rl o. 1 6-1 43, Mirzalaguda, [Vlalkajigiri, Hyderabad.

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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 Registrations), Secretariat, Hyderabad.

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The S u b-Registrar, tvlalkajigi ri, Mlakajigiri/Med chal 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 the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Slgh Court may be pleased to issue a writ or order or direction more particularly in the nature writ of mandamus declare the in actio.n of the Respondents 2nd not receiving the document presented by the petitioner for the^property bearing Flat No.302 in 3rd floor having a plinth area of 930 sq.ft super built up area including common area and four wheeler parking in the building known as lVlADtlU SAI RAJI HOtvlES together with proportionate undivided share of land to an extent of 43.50 sq.yards or 36.36 sq.mtrs out of 870.00 sq.yards or 727.32 sq.mtrs in constructed on the residential premises bearing M.No.30-2641N812 on Plot No. 1 in survey Nos. 32gt1 and 446 situated at Old Safilguda, under GHtVlC, tvlalkajigiri circle and Mandal, Ranga Reddy District now Malkajigiri-Medchal District is illegal, arbitrary and against to the provisions of law and contrary rights^guaranteed under 300^-A of Constitutional of lndia and consequently direct the^2nd Respondent to^entertain

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the registration of the sale deed, to receive, process, register and release the sale deed presented by the petitioner without insisting no-objection certificate (NOC) from the 3'd Respondent.

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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.2nd herein to consider sale deed documents filed by the petitioner herein pertaining to the property bearing Flat No.302 in 3rd floor having a plinth area of 930 sq.ft super built up area including common area and four wheeler parking in the building known as MADHU SAt nnil HOUES together with proportionate undivided share of land to an extent of 43.50 sq.yards or 36.36 sq.mtrs out of 870.00 sq.yards or 727.32 sq.mtrs in constructed on the residential premises bearing [/.No.30-2641A1812 on Plot No. 1 in survey Nos.32gl1 and 446 situated at Old Safilguda, under GHMC, l/alkajigiri circle and ttlandal, Ranga Reddy District now [Vlalkajigiri-Medchal District in favour of my vendee.

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counsel for the Petitioner: SRt DANTU VENKATA RAMANA SARMA

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Counsel for the Respondents No.I & 2: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGTSTRATION

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Counsel for the Respondent No.3: SRt FARHAN AZAM KHou' S.C. FOR TSWB

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The Court made the following: ORDER

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.D ,

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.343L4 of 2025

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ORDER:

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Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri Farhan Azarn Khan, learned Standing Counsel for the Telangana State Wakf Board appearing for the respondents and perused the material on record. 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 respondent No.2 in not receiving the document presented by the petitioner for the property bearing Flat No.3O2 in 3.d floor baving a plinth area of 930 square feet super built up area including common area and four wheeler parking in the building known as "Madhu Sai Raji Homes'] together with proportionate undivided share of land to an extent of 43.50 square yards or 36.36 square meters out of 87o.oo square yards or 727 .32 square meters in constructed on the residential premises bearing M.No.30 -264 / A/ 8 /2 on plot

w.P.No.34s14 ,fzlbrs

No.l in survey Nos.329/ 1 and 446 situated at Old Safilguda, under GHMC, Malkajgiri circle and Mandal, Ranga Reddy District now Medchal-Malkajgiri District, the petitioner filed the present writ petition.

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Learned Assistant Government Pleader for Stamps and Registration submits that without 'presenting the document, the petitioner has approached this Court seeking registration of the document. If the petitioner presents the sarne 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 7l 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 anlz person execrrting or claiming under the document, shall,

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srr, J W.P.No.34374 of 2O25

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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 directed to be registered.

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In view of the above made submissions coupled with 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 petitioner complying with the provisions of the Act, 1908 as well as the tndian 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' I 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 shall be no order as to costs.

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-I

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sr, J W.P.No.34374 of 2O25

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