Mohd. Sadick Khan Vs The State of Telangana

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or directron preferably Writ of Mandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the Release Deed presented in respect of Residential bearing No. 30-154/'10/1 admeasuring 280 Sq. Yrds. or 23a.08 Sq. Mtrs. in Sy.No. 426, situated at Bharat Nagar, Subash Nagar, Old Safil Guda, Malkajgiri, Medchal-Malkajgiri District (erstwhile Ranga Reddy District), is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of India, and consequently direct the Respondent No.2 to receive, process, register and release Release Deed / any other deeds that may be presented by the Petitioner in respect of Residential bearing No. 30-154/10/1 admeasuring 280 Sq.Yrds. or 234.08 Sq. A/trs. in Sy.No. 426, situated at Bharat Nagar, Subash Nagar, Old Safil Guda,

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Malkalgiri, Medchal-Malkajg iri District (erstwhile Ranga Rerl y District), without insistrng No-objection Certificate (NOC) from the Respondenl^,,Jo.3.

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lA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the c i :.umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 forthwith to receive, process,^-r gister and release the subject Release Deed /any other deeds presented lr the Petitioner in respect of Residential bearing No 30- 1 5411 0/1 admeasurirr 280 Sq. Yrds. or 234.08 Sq. Mtrs. in Sy.No. 426, situated at Bharat Nagar, iubash Nagar, Old Satil Guda, Matkaigiri, Medchal-tVlalkajgiri District (erstra,l ie Ranga Reddy District), without insisting No-objection Certificate (NOC) frc n the Respondent No.3, pending disposal of the writ petition.

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Counsel for the Petitioner(s):SRl. BOBBALA JYOTHIRMAI

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Counsel for the Respondents No.s 1 to 2 : GP FOR STAMP:; AND REGISTRATION

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Counsel for the Respondents No.3 : SRI FARHAN AHMED f :l IAN

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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 PE-TITION No.3443 OF 2026

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osth FEBRUARY,2026.

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Between:

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Mohd. Sadick Khan and another.

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...Petitioners

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AND

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

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Secretariat, Hyderabad and 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

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taken up for disposal at the admission stage itself

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Aggrieved by the action of respohdent No.2 in refusing to receive, register and release the Release Deed presented by the petitioners, the present Writ Petition is fi1ed.

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Heard Ms.B.Jyothirmai, learned counsel for the petitioners ald learned Government Pleader for Stamps and Registration for the respondents.

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F

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c

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Learned counsel lor the petitioners submits that respondent No.2 is refusing to receive a r I process the document sought to be presented by the petri r ners in respect of the subject propertv i.e. Residential bearing I o.30- 154i i0/¹ at Bharat Nagar, Subash Nagar, Old Safit^(, rla, Malkajgiri, Medchal-Malkajgiri District (erstwhiie Ranga,leddy District). Therefore, the learned counsel prays this lcurt to issue suitable directions to the respondents.

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Learned Government Pleader submits t rat the officia,1 respondents will foilor'v the procedure cont€ r-rplated under Section 71 of the Registration Act, 1908

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Section 71 of the Registration Act, 1908 r,r ds as follorvs: Reasons for refusal to register to be recortl^'cl.

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(1) Every Sub-Registrar refusing to regis t rr a document, except on the ground that the propt -ty to r,vhich it relates is not situated within his sL b district shall make an order of refusal and recorde I his reasons for such order in his Book No.2, and er^< orse the w.ords "registration refused' on the docl r rent; and, on application made by any person execr.l ing or claiming under the document, shall, u,'ithor-¹ pavment and unnecessary delay, give him a copy c1 1-he 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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7 . In view of the above submissions coupled with the provision under Section 7i of the Registration Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive and process the document sought to be presented by the petitioners in respect of the subject property, subject to the petitioners complying with the provisions of the Registration 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, 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 aly opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered.

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Miscellaneous petitions, if any, pending shall stand

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closed. There shaIl be no order as to costs.

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//TRUE^COPY// SECTION^OFFICER

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I

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To, I The Principal^{SecretaY (Stamps and Registration)' Secretariat' State of} Telangana,^HYdel2bao' rL- e..1. aarrioi.-. rvlalkaioiri^{trilandal,1/edchal Malka.igiriDistrict'}

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