Kurella Swapna Vs The State of Telangana

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[³³⁰² I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction)

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FRIDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 986 OF 2026

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Between:

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Kurella Swapna, D/o. Kurella Chokka Chary, aged about 32 years, OccHouse hold, R/o. H. No.20-21207,Chiluka Nagar ,^{Ganesh Nagar, Uppal, R. R.} District.

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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 Registration), Secretariat, Hyderabad.

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The Sub-Registrar, l/alkajgiri, Medchal [\Ialkajgiri 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 High Court may be pleased to issue Writ or direction preferably Writ of Mandapnus, declaring the action of the Respondent No.2, in not receiving, registering and releasing^the subject Sale Deed presented in respect of the WESTERN PORTION of H.^No. 44-34619, constructed on Plot No.2, admeasuring 100 Sq. Yds or83.6 Sq. mtrs out of the 200 Sq.Yds or 167.2 Sq.mts with a Plinth area of 100 Sft, ACC, under Survey No. 398/1, situated at Thirumala Nagar, Moula Ali under^GHtVlC, lVlalkajgiri, erstwhile, Ranga Reddy district, under GHTMC of lMalkajgiri Circle^and Mandal, Medchal [Valkajgiri District, is illegal, arbitrary and contrary to^provisions of law and violation of Article 300- A 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 WESTERN PORTION of H. No. 44-346/9, constructed

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on Plot NO. 2, admeasuring 100 Sq. Yds or 83.6 Sq. mtrs out of the 200 Sq.Yds or 167.2 Sq.mts with a Plinth area of 100 Sft, ACC, under Survey No.398/1, situated at Thirumala Nagar, Moula Ali under GH[/C, Malkajgiri, erstwhile, Ranga Reddy distrir;t, under GHMC of Malkajgiri Circle and Mandal, Medchal Malkajgiri District, without insisting No-objection Certificate (NOC) from the Respondent No.3.

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lA NO: 1 OF 2026

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Petiticn under Section 151 CPC praying that in the circumstances stated in the affida,rit filed in support of the petition, the High Court may be pleased to direct the Raspondent No.2 forthwith to receive, process, register and release the subject Siale Deed/ any other deeds presented by the petitioner in respect of the WESTE:RN PORTION of H.No.44-34619, constructed on Plot No.2, admeasuringl 100 Sq. Yds or 83.6 Sq. mtrs out of the 200 Sq.Yds or 167.2 Sq.mts with a Plinth area of 100 Sft, ACC, under Survey No. 398/1, situated at Thirumala Nagar, Moula Ali under GHMC, Malkajgiri, erstwhile, Ranga Reddy district, underr GHMC of lVlalkajgiri Circle and Mandal, fVledchal Malkajgiri District without insis;ting No-objection Certificate (NOC) from the Respondent No.3, pending disposal of the writ petition in the interest of justice.

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Counsel for the Petitioner: SRI SUBBA RAO VADREVU

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Counsel for the Respondent No.1 & 2: SMT S.SRAVANTHI,

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AGP FOR STAMPS & FEGISTRATION

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Counsel for the Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD

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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 HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.986 of 20126

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THE OgTH DAY OF JANUARY 2026

Between:

Kurella Swapna.

Petitioner

AND

The State of Telangana, Rep. by its principal Secretarlr, Stamps and Registration, Secretariat, Hyderabad and (2) others.

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...Respondents

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ORDER:

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Heard sri subba Rao vadrevu, learned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government Pleader for stamps and Registration appearing for thb respondent Nos.1 to 2 and sri Farhan Azam Khan, 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

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2

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respect of the western portion of^{H.No.44-346/9, constructed on} Plot No.2, admeasuring 100 Sq.^{yards (or 83.6 Sq. mtrs) out of the} 200 Sq. yards (or 167.2 Sq.mts)^{with a Plintharea of 100 Sq. feet,} ACC, under S1,.No.39811, situated at Thirumala^{Nagar,Moula Ali} under GI-,MC of Malkajgiri Circle and^{Mandal, erstwhile Ranga} Reddy Diritrict, Medchal-Malkajgiri District^{(for brevity,"subject} property"), the petitioner filed the^{present Writ Petition.}

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Learned Assistant Government^{Pleader forStamps and} Registratir:n submits that the^{petitioner has approached this} Court se,eking registration of the said^{document without} presentinl4 it before the Registering Authority.^{If the petitioner} presents the document to the^{Registering authority, the} respondent authorities will receive the^{salne and follo'rv the} procedur(:. If there are any objections,^{appropriate orders shall be} passed asr contemplated under Section⁷ |^{of the Registration Act,} 1908 (for short, "the Act, 1908").^{In view of the salne, learned} Assistant Government Pleader^{requested thisCourt topass} appropriate orders.

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The Section 71 of the Act, 1908,^{reads as follows:}

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Recrconsp r refusal to register to be recorded".-

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(1) Euery Sub-Registrar refustng to regbter a document,^{except on} the ground. that the propertg to which it relates is^{not situated} within his sub-district shall make an order of refusal and^recorded hi"s reasons for such order in his Book No.2, and endorse^the

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3

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words "registration refused" on the document; and, on application made by ang person executing or claiming under the docament, shall, uithout pagment and unnecessary delag, giue him a copy of the reasons so recorded.

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(2) No registertng oJfi"cer shall accept for registrqtion a document so endorsed unless and until, under the prouisions hereinafter 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 clea-r that this Court has^not expressed any opinion on the merits of the case or the entitlement of the petitioner to get the subject document registered.

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Miscellaneous 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 ASSISTANT^REGISTRAR G

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//TRUE^COPY// SECTION^OFFICER

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To,

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