Mohammed Jalis Shareef v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO: 21517 OF 2021 Between:
Mohammed Jalis Shareef, S/o.Khader Shareef Aged about 43 years, Occ. Business R/o.H.No.12-1-1168, Shanthi Nagar, Lalaguda, Secunderabad, HYderabad ...PETrroNER AND '1 . The State of Telangana, Rep. by its Principal Secretary Stamps and Registration Department Secretariat Buildings, Hyderabad.
2. The District Registrar, Medchal Malkajgiri Oistrict.
3. The Sub-Registrar, Ir/alkajgiri, I\/edchal Malkajgiri District.
4. Telangana State Waqf Board, Rep. by its Chief Executive Officer Opp. Public Gardens' Nampally' Hyderabad ...RES'.NDENTS 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 a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd Respondent n refusing to receive the document in respect of residential house bearing H.No.44-409/2, consisting of Ground and 1St Floor constructed on part of Plot No.84 in Part of Sy.No.399 and 400 admeasuring 90 sq. yards situated at Tirumala Nagar, Moulali Village, Malkajgiri Mandal, Medchal Malkajgiri District as illegal, arbitrary, contrary to Sec.
71 of Stamps and Registration Act and violation of Article 300-A of lndian Constitution and consequently direct the 3'd Respondent to receive and process the document for registration in respect of the above property. lA NO: 'l OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to receive and process the document for registration in respect of residential house bqaring H.No.44-409/2, consisting of Ground and 1st Floor constructed on part of Plot No.84 in Part of Sy.No.399 and 400 admeasuring 90 sq. yards situated at Tirumala Nagar, Moulali Village, Malkajgiri Mandal, Ivledchal Malkajgiri District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI T.
RAJINIKANTH REDDY Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.21517 of 2O2L ORDER:
Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue for respondent Nos. 1 to 3, and Sri Abu Akram, learned Standing Counsel for Waqf Board for respondent No.4. With their consent, the Writ petition is disposed ol at the stage of admission.
Aggrieved by the action of the respondent No.3 in refusing to receive the document presented in respect of residential house bearing No.44-409 /2 in plot No.84 in part of survey Nos.399 and 400 admeasuring 90 sq. yards situated at Tirumala Nagar, Moulali Village, Malkajgiri Mandal, Medchal Malkajgiri Distrlct, the present writ petition is filed.
The learned Government Pleader has stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.
Section 7 1 of the Registration Act, 190g (for short ,the Act,) reads as follows:
Reasons for refusal to register to be recorded.- ( 1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by an-y person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded-
(2) No registering officer shall accept for registration a document so endorsed unless and until, under the
I provisions hereinafter contained, the document is directed to be registered.
In view of the above made submission coupled with the provision of Section 71 of the Registration Act, 1908, the Writ Petition is disposed of directing the Registering Authority to receive and process the subject document, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It will be open to the Registering Authority to refuse/receive the document presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. However, any such registration shall be treated as a provisional one. It is made clear that mere registration of the document does not confer any title to the property. The petitioner shall not claim equities in case any adverse orders are passed against him.
If any proceedings/ suit/appeal are pending between the executant of the document/ government or any other interested party, the registration of the document will be subject to the result of that proceedings/ suit/ appeal. It is also made clear that this order does not preclude the Government/ District Collector to take appropriate steps as warranted by law and to assert its title. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
SD/ M. MANJULAM ASSISTANT REGISTRAR ,TRUE COPY'
SECTION OFFICER To, 1.
The Principal Secretary Stamps and Registration Department, State of Telangana, Secretariat Buildings, Hyderabad.
The Dlstrict Registrar, Medchal Malkajgiri District. The Sub-Registrar, Malkajgiri, Medchal Malkajgiri District. The Chief Exlecutive Offici:i, Telangana State Waqf Board, Opp. Public Gardens, Nampally, Hyderabad.
One CCio Sri T. Rajinikanth Reddy, Advocate [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] One'CC to Sri Abu Akram SC forWaqf Board, [OPUC] Two CD Copies One Spare Copy 42.
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c HIGH COURT DATED:14/09/2021
ORDER
WP.No.21517 of 2021 i.ll I4'
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DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS )) ,,l) frt