Naseem Begum, Vs The State of Telangana

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 or direction preferably Writ of Mandamus, declalring the action of the Respondent No.2, in not receiving, registering and releasing the subject Sale Deed presented in respect of the land in Survey No.418, 419, 42O, 42Oh, pail and 421 as per layout Plot No.217 of 83.33 Sq. yards situated at Pilli Narsinga rao nagar, RTC Colony, now under GHMC, Malkajgiri Circle, and Mandal, Medchal Malkajgiri is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the subject Sale Deed/ any other deeds that may be presented by the petitioner in respect of the land in Survey No.418, 419, 420, 42011, paft and 421 as per layout Plot No.21 7 of 83.33 Sq. yards situated at Pilli Narsinga rao nagar, RTC Colony, now under

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GHMC, Malkajgiri Circle, and Mandal, Medchal Malkajgrr without insisting Noobjection Certificate (NOC) from the Respondent No.3. |.A.NO:'t OF 2026

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Petition Under Section 151 CPC praying that in the 3 rcumstances stated in the affidavit filed in support of the petition, the High CcL 1 may be pleased to direct the Respondent No 2 forthwith to receive, process rr gister and release the subject Sale Deed/ any other deeds presented by the land i I Survey No 418, 41 9, 42O, 42011, part and 421 as per layout Plot No.217 of 83 lI Sq. yards situated at Pilli Narsinga rao nagar, RTC Colony, now under GHMC, Malkajgiri Circle, and Mandal, Medchal Malkajgiri, without insisting No-objection ,)ertificate (NOC) from the Respondent No.3, pending disposal of the writ pet I on in the interest of .iustice.

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Counsel for the Petitioner : SRI SUBBA RAO VADREVU

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Counsel forthe Respondent Nos.1 & 2 : AGP FOR REVEN ,E

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counsel for the Respondent No.3 : sRl FARHAN AZAM Kl. AN, SC FOR WAKF BOARD

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The Court at the stage of admission made the following O IDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI)

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.4O4 of 2026

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THE OTTH DAY OF JANUARY 2026

Between:

Naseem Regum

...Petitioner

AND

Ttrc State of Telangana, Rep. by its Principal Secretary, Stamps and Registration, Secretariat, Hyderabard arnd (2) others.

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...Respondents

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ORDER:

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Heard Sri S ubba Rao Vadrerru, learned counsel for^the petitioner, Smt. S.Sravanthi, iearned Assistant Government Pleader for Stamps and Registration appearing for the^respondent Nos. 1 to 2 and'Sri Farhan Azam Khran, learned Standing^Counsel appearing for the respondent No.3-Wakf Board 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.2 in not receiving, registering and releasing the subject Sale Deed presented in respect of the land in Survey No.41B, 419, 42O, 42Oll, part and

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2

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427 as per iayout Plot No.217 of 83.33 Sq. yarclr situated at Pilli Narsinga Rao Nagar, RTC Colony, now under rl HMC, Malka.ygiri Circle ar.rd Mandal, Medchal Malka.lgiri Disrr ct (for brevitv, "subject property"), the petitioner filed the preser1 Writ Petition.

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Learned Assistant Government pleader I rr Stamps and Registration submits that the petitioner has Lpproached this Court seeking registration of the said dcr ument without presenting it before the Registering Authoritl,. lf the petitioner presents the document to the Registering authority, the respondent authorities will receive the same ald follow the procedure. If there are arly objections, appropriat I orders shall be passed as contemplated under Section 71 of the ?egistration Act, 1908 (for short, "the Act, 1908'). In vien, of tlr: same, learnecl Assistant Government Pleader requested this Court to pass appropriate orders.

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The Section 71 of the Act, 1908, reads as fo I rws

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Reasons for refusal to register to be recorded.-

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(1) Duery Sub-Registror refusing to register a doaur, ?nt, except on the ground that the propertA to uthich it rela.tes i. not situated tLtithin his sub-district shnll make on order of refuso and. recorcled his reasons for such order in his Book No.2, ar L endorse the uords "reqistration refused" on the doanment; and tn application made bg anlJ person exeatting or claiming under he document, sho1, uLitLrcut paAment and unnecessary detag, giu: h.im a copg of the reasons so recorded.

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3

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(2) No registeing ofrtcer shatl accept for regtstration a d.ocument so endorsed unLess and until, under the prouis[ons hereinafi.er contained, the document is directed to be registered.

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In view of the aforesaid submissions, coupled with the provisions under Section 7l of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document in respect of the subject property, subject to the petitioner 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 presented before it, if there are any objections, by duly assigning reasons in support of such decision and communicate the same to the petitioner thereon. It is made clear that this Court has not expressed any opinion on the merits of the case or the entitlement ol the petitioner to get the subject document registered

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Miscelianeous Petitions, if any, pending in this Writ Petition,

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shall stand closed. There shall be no order as to costs

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SD/- C. DEEPIKA AS ISTANT REGIST

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//TRUE COPY//

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ECTION OFFICER

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