Mr. Divyesh Agrawal Vs The State of Telangana

h/rs. Rekha Singh, Wo Divyesh Agrawal D/o Kamleshwar Singh, Aged about 29 years, Occ- Housewife, Both are residing at House No.3-5-97'1/4, Street No.5, Narayanaguda, HYderabad

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...PET,r.NERS

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AND

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'1 . The State of Telangana, Rep by its Principal Secretary Stamps and Registration Department Secretariat, Hyderabad

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lnspector General Stamps and Registrations, Telangana, Registration Bhavan 4th and 5th Floor, Nizamshahi Road, Osmangunj, M.J. Market, Hyderabad 500001

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District Registrar (Stamps and Registrations), Ranga Reddy District

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The Sub Registrar, Serlingampally [/andal, Ranga Reddy District

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Telangana State Waqf Board, Rep by its Chief Executive Officer, Haj House, Razzak [\ilanzil' Nampally' Hyderabad

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...RES'.NDENTS

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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 High Court may be pleased to issue Writ, Order or Direction, or any other appropriate Order one in the nature of a WRIT OF MANDAN/US, declaring the action of the Respondent No.4 not receiving, registering and releasing the Sale Deed in favour of the^prospective purchasers placed by the Petitioners for Semi Furnished Flat bearing No.202, in the Second Floor, in the building named as River Shades having^plinth area of 1780 Sq. ft (which is inclusive of common areas and balconies), and 200 sft for two car parking in stilt floor, along with an undivided share of 75 Sq.^yards out of the total extent of land admeasuring 2430 Sq.^yards in Sy.No.260/ Part, situated at l,4anikonda Jagir Village, Rajendranagar [\ulandal and IVlunicipality, Ranga Reddy District, without disclosing any reason, as illegal, arbitrary in violation of^principles

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of natural justice and in violation of Articles 14 and 21 of ther lonstitution of lndia and also against the equity and consequen y direct the I espondent No.4 to receive, register and release the Sale Deed placed by the F etitioners herein for Semi Furnished Flat bearing No.202, in the Second Floor, ir the building named as River Shades having plinth area of 1780 Sq. ft (which is i rclusive of common areas and balconies), and 200 sft for two car parking in stilt floor, along with an undivided share of 75 sq. yards out of the total extent of larr admeasuring 2430 Sq. yards in Sy.No.260/ Part, situated at lVanikonda Jagir Vi| rge, Rajendranagar Mandal and IVunicipality, Ranga Reddy District.

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lA NO: 1 OF 2025

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Petition under Section 1 51 CPC praying that in the cirr; mstances stated in the affidavit filed in support of the petition, the High Court ma1, ;e pleased to d irect the Respondent No.4 to receive, register and release the Sz I r Deed in favour of the prospective purchasers placed by the petitioners for tl rmi Furnished Flat bearing No.202, in the Second Floor, in the building namerl as^"River Shades" having plinth area of 1780 Sq. ft (which is inclusive of c ;mmon areas and balconies), and 200 sft for two car parking in stilt floor, alor r with an undivided share of 75 Sq. yards out of the total extent of tand admeasurrr I^{2430 Sq. yards in} Sy.No.260/ Part, situated at [,4anikonda Jagir Village, Rajendr rnagar lVlandal and {Vunicipality, Ranga Reddy District.

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Counsel for the Petitioners: SMT. SHAKERA BANU Counsel for the Respondent Nos.1 TO 4: SMT. S.SRAVANTH

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AGP FOR STAMPS AND RE(j ,STRATIoN Counsel for the Respondent No.5: SRI FARHAN AZAM KHA\ SC FOR TSWB The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.345O8 of 2O2S

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ORDER:

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Heard Smt. Shakera Banu, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 4, Sri Farhan Azarn Khan, learned Standing Counsel for Waqf Board appearing for respondent No.5 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 respondent No.4 in not receiving, registering and releasing the document in favour of the prospective purchasers produced by the petitioners for Flat bearing No.2O2, River Shades building, having plinth area of 1780 Sq.ft. (and 200 sq.ft for two car parking in stilt floor, along with an undivided share of 75 Sq.yards out of the total extent of land admeasuring 2430 Sq.yards) in Sy.No.26O/Part, situated at Manikonda Jagir Village, Rajendranagar Manda-l and Municipality, Ranga Reddy District, without disclosing any reason, the petitioners filed the present Writ Petition.

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U\

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Learned Assistalt Government Pleader lor Stamps and Registration submits that without presen_ ng the subject document, the petitioners have approached t.t Ls Court seeking registration of the said document. If the petitic ners present the same before the Registering authority, the espondents will recelve the same and follow the procedure TS contemplated under Section 71 of the Registration Act, 19Oi (for short, 'the Act, 1908').

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Section 71 of the Act, 1908, reads as follo vs:

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Reasons for refusaL to register to be recorded.- -

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(1) Euery Sub-Registror refusing to register L doanment, except on the ground that the property to utlrt :h it reLates is not situated uithin his sub-distict shall mc ke an order of refusal and recorded his reasons for sur:L . vder in his Book No.2, and endorse the tuords "registrat tn refused" on the document; and, on application made bq ana person exeanting or cloiming under the document, sl cLlI, tuithout paAment and unnecessary delag, giue him o copg of the reasons so recorded.

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(2) No registering officer shall accept for r= Tistration a document so endorsed unless and until, under the prouisions hereinafter contained, the docume t is directed to be registered.

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i.r,t-,.'

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7

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In view of^{the aforesaidsubmissions coupled with the} provision under^{Section 71 of the Act' 19OB' this Writ Petition} is disposed^{of directing the RegisteringAuthority to receive'} register and^{release the subject document presentedby the} petitionersinrespectofthesubjectproperty'subjecttothe petitioners^{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 presentedbefore} him, if^{he has any objection'by duly assigning reasons in} support^{of such decision and communicatethe said decision to} the petitioners'^{It is mad'e clear that this Court has not} expressed^{any opinion on merits of the case as tothe} entitlement^{of the petitioners to get the subjectdocument} registered.^{Theresha-ll be no order as to costs'}

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Miscellaneous^{Petitions'ifany' pend'ing in this Writ}

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Petition,^{shall standc!9s9d'}

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SD ED ABDULLA KHAN S STANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To 1 . The PrinciPal^{Secretary Stamps and Registratlo} partment Secretariat, Hyderabad,^{State of Telangana}

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lnspector^{General StamPsand Registrations, Telangana,RegistrationBhavan} 4th and 5th Floor,^{NizamshahiRoad , Osmangunj, M.J. Market, HYderabad}

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3 3?.0,?'3J *"0'.,r,^{r ( Stam psa nd Regi stratio n sL Ran g a Red dv.Di strict} 4 in.'Sru n"""i.trai,^{Seriingampally Mandal,RangaReddyDistrict} E ii-iJ 6ni"i Ei""utive^{offic6r, TelanganaStateWaqf Board, Haj House'} Razzak Manzil,^{NamPallY, HYderabad}

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tl One CC to SMT.^{SHAKERA BANU, Advocate} IOPUCI 7 i*" CC"i" Cp FOR^{STAMPS AND REGISTRATION, High Court for the} State of Telanqana, at^Hyderabad. [OUI

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