Smt. Rayaprolu Venkata Narasa Prabhavathi Devi Vs The State of Telangana

Smt. Rayaprolu Venkata Narasa Prabhavathi^{Devi, W/o. lVlylavarapuSeeJlg} !9ma Krishna,hied about 63 Years, Occ - Private Service,^{R/o. House No. 45-256,Shirdi} Nagar, Moula-ali, Malkajgiri, Hyderabad^-500047.

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,..PETITIONER

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AND

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1 The State of Telangana, represented by^{its Principal Secretary (Stampsand} Registration), Secretariat, Hyderabad.

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2

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The Sub- Registrar, Malkajgiri^lVlandal, Medchal^{Malkajgiri District.}

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3 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 HighCourt may} be pleased to issue Writ or direction^{preferablyWritof Mandamus, declaring} the action of the Respondent No.2, in not^{receiving, registering and} releasing the Sale Deed^presented in^respect of^{Residential Housebearing} No.45-256, (PTl No. 1171006015),^{on Plot No.27, in Survey Nos.591,596} to 600, admeasuring^'1 11.11 Sq.Yards^{or 92.88 Sq.tr/trs., with a Builtup area} of 1480.00 Sq.Feet, RCC., situated at^{RAJA NAGAR, UPPERGUDA, within} the limits of Greater Hyderabad^{lvlunicipalCorporation, under Malkajgiri} Circle and Mandal,^Med chal-tvlalkajgiri^{District, is illegal, arbitraryand} contrary to^provisions of law and violation^{of Article 300-4 ofthe} Constitution of lndia, and consequently direct^{the RespondentNo.2 to} receive, process, register and release Sale Deed^{/any other deedsthat may}

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be presented by^{the Petitionerin respectof ResidentiirHouse bearingNo'} 45-256, (PTl No.^{'1 171006015), on Plot No.27, in Survr y Nos' 591' 596 to} 600,admeasuring111.,l1Sq.Yardsor92.88Sq.Mtrs.,.tthaBuiltupareaof '1 480.00 Sq.Feet, RCC., situated at RAJA NAGAR, UPt']:RGUDA'^withinthe limits of Greater^{HyderabadI/lunicipal Corporation, urI er ltilalkajgiriCircle} and [r/landal,^{Medch al-lvla lkajgiri District, without ir: isting No-objection} Certificate^{(NOC) from the RespondentNo.3.}

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lA NO: 1 OF 2026

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Petition under Section^{151 cPC prayingthat rthe circumstances} stated in the affidavit^{filed in support of the petition, tl-t High court may be} pleased to direct the Respondent No.2^{forthwithto rec€ i /e, process, register} and release the subject Sale^{Deed /any other dee'j ; presentedby the} Petitioner in respect of^{Residential House bearingfl, . 45-256, (PTI No.} 1171006015), on PIot^{No.27, in SurveyNos.591,596 :600, admeasuring} 11'1.11Sq,Yardsor92.88Sq.l\Itrs.,withaBuiltuparetrcfl4S000SqFeet' RCC., SitUAtEd At RAJA^{NAGAR, UPPERGUDA,WithhE IiMitSOf GTEATET} Hyderabad Municipal corporation,^{under Malkajgiri )ircle and Mandal,} triledchal-Malkajgiri District,^{without insistingNo-objecti,n Certificate(NOC)} from the Respondent^{No.3, pendingdisposal of the writ petition in the} interest of^justice.

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Counsel for the Petitioner^{: Ms.BOBBALAJYOTHIRMAI}

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counsel for the Respondents^{No.1&2 : GP FOR STAMPS / ND REGISTRATION} Counsel forthe Respondent^{No.3: SRI FARHANAZAM Kl \N' SC FORWAKF} The Court made the following:^ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION No.3192 OF 2026

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o4th FEBRUARY,2026.

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Between:

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Rayaprolu Venkata Narasa Prabhavathi Devi

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. . Petitioner

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AND

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The State of Telalgala, Rep. by its Principal Secretary, Stamps and Registration,

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Secretariat, Hyderabad ald 2 others.

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... Respondents

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ORDER:

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With the consent of both the parties, this Writ Petition is taken up for disposal at the admission stage itself.

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Heard Ms.B.Jyothirmai, learned counsel for the petitioner; learned Government Pieader for Stamps ald Registration for respondent Nos. I and 2; and Mr. Farhan Azam Khan, learned Standing Counsel for Telangana State Waqf Board, for respondent No.3

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Aggrieved by the action of respondent No.2 in refusing to receive, register and release the Sale deed presented by the

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2

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petitioner in respect of subject property i.e., rr sidential house bearing No.45-256 on Plot No.27 in Sr'.Nos.; )1, 596 to 600 admeasuring 1 1 1. I I square 1-ards or 92.E[; square meters with a built up area of 1480.00 square feet Fl, lC., situated at Raja Nagar, Upperguda, rvithin the limits cf GHMC, under Malkajgrri Circle and Mandal, Medcha-l-Malkai iri District, the petitioner filed the present Writ Petition

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Learned Government Pleader submits t^-rat the official respondents will follorv the procedure con t: nplated under Section 71 of the Registration Act, 1908.

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Section 71 of the Registration Act, 908 reads as fo11olvs:

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Reasons for refusal to register to be recorded.

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(1) Every Sub-Registrar rcfusing to register a locument, except on the ground that the property to whrcl it relates is not situated within his sub-district shall make r n order of refusal ar-rd recorded his reasons lor such order in [- s Book No.2, and endorse the ',vords "registration refused" c r the document; and, on application made by any person exl uting or claiming under the document, sha]l, without paymer ri and unnecessar5l de1ay, grve him a copy of the reasons so rec,r Ced.

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(2) No registering officer shall accept for regisrr rtion a document so endorsed unless and until, under the pro, isions hereinafter contained, the document is directed to be rr i stered.

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In vieu' of the above submissions coupled rvith the provision under Section 71 of the Registration Act, 1908, this Writ Petition is disposed ol directing the Registering Authority to receive and process the document sought to be presented by the petitioner in respect ol the subject property, subject to the petitioner complying rvith the provisions of the Registration Act, 1908 as rvell as the Indian Starnp Act, 1899 It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, 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

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subject document registered

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Miscellaneous petitions, if any, pending shall stand

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closed. There shall be no order as to costs.

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D/.K.V.O.NARSI^BABU STSTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER