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Mohd Khakeel Khan v. The State of Telangana

Court: High Court for State of Telangana

Bench: PULLA KARTHIK

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-04-24. Mohd Khakeel Khan v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 3301 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITI oN NO: 130 99 0F 2026 Between: 1 Mohd Khakeel Khan, S/o. Mohammad Ahmed Khan, Aged 43 years, Occ. Water Servicing Centre, R/ o. 11-1-61g, Chilkalguda, SecunOeraOaj, tS- 500061 2. Mohd Shakeet Khan, S/o. Mohammad Ahmed Khan, Aged 50 years, Occ. Carpenter, Rl/o. 1'l-1-678, Chilkalguda, Secunderabad, T5_50006 j- ^ 3. Nasreen Sulthana, Wo. Mohammad yousuf Basha, AgeO 44 years, Occ. Housewife, oJo. 6-1-171t3 and 4t1, Chilkalguda, Wesleybhurcn Lane, Jamil Bin Osman Masjid, Secunderabad, T5-500025 4. Assiya Sulthana, Wo. Kaleemuddin Mohmmad, Aged 44 years, Occ. Housewife, No. 30-SgntZ, Old Safilguda, Hanuman Temple, enarat Nagai, Malkajgiri, TS 5. Mohd Raziya Sulthana, Wo. Mohd Saber Ahmed, Aged 47 years, Occ. Housewife, R/o.

30-15/4, Bharat Nagar, Old Safilguda, Near Hanuman Temple, Old Safitguda, TS-500056 .. PETITIONERS AND 1 The State of Telangana, represented principal by its Secretary (Stamps and Registration), Secretariat, Hyderabad. ^ 2. The Sub-Regiskar, Matkajgiri Mandal, Medchal Malkajqiri District. Boari' i6 bv i[6i;i #;ii,. orricei, ' I:i#1fl:tilXwakr Huz House, ... RESPONDENTS Petition under ptrticle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue writ or direction preferably writ of Mandamus, declaring the action of the Respondent No. 2, in not receiving, registering and releasing the Release Deed presenteiJ in respect of Residential House No. 3O_Sgnn,on plot No. 54, in Sy. No. 34211 and 341, admeasuring about 215 Sq. yrds. ot 17g. t4Sq. Mtrs.

consisting of Two Rooms, Latrin, Bathroom and some open space, and situated at Old Safilguda, Malkajgiri, Medchal-Markajgiri (erstwhire Rangareddy District), is ilegal, 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 Rerease Deed/ any other deeds that may be presented by the petitioners in respect of Residentiar House No. 3o-sgr7tz, on prot No. 54, in sy. No. 34211 & 341, admeasuring about 215 Sq. yrds. or 17974 Sq. Mtrs. consisting of Two Rooms, Lalrin, Bathroom and some open space, and situated at Old Safilguda, Malkajgiri, Medchar-Malkajgiri (erstwhile Rangareddy District), without insisting No- objection Certificate (NOC) from the Respondent No. 3. l. A.

NO: I OF 2 026 Petition under Section 15'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petitron, the High court may be pleased to direct the Respondent No. 2 forthwith to receive, process, register and rerease the subject Release Deed/any other deeds presented by the petitioner in respect of Residential House No. 30-591712, on Ptot No 54, in Sy. No. 342li & 341, admeasuring about 2'15 Sq. Yrds. or 179. 74 Sq. Mtrs. consisting of Two Rooms, Latrin, Bathroom and some open space, and srtuated at Old Safilguda, Malkajgiri, Medchal-Malkajgiri (erstwhile Rangareddy District), without insisting No-obiection Certificate (NOC) from the Respondent No. 3, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioners: Ms. BOBBALA JYOTHIRMAI Counsel for the Respondent Nos. 1 & 2: Ms. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION counsel for the Respondent No.

3: sRl FARHAN AZAM KHAN, SC FOR TSWB The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE PULLA I(ARTHIK II/RIT PETITION No. 13 o99 0F 2026 24th APRrL,2026. Between: Mohd. Khakeel Khan and 4 others. . . . Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration, Secretariat, Hyderabad and 2 others. . . . Respondents ORDER: With the consent of both parties, this Writ petition is taken up for disposal at the stage of admission. 2. Heard Ms. B. Jyothirmai, learned counsel for the petitioners; Ms. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration, appearing for respondent Nos. l ald 2; and Mr. Farhan Azarn Khan,learned Standing Counsel for Telangana Waqf Board, appearing for respondent No. 3. . 6 3.

Aggrieved by the action of respondent No'2 in refusing to receive, register and release the Release Deed presented by the petitioners in respect of subject property i'e'' Residential and House No. 3O-59/7/2, on PIot No'54, in Sy'Nos'34217 215 Sq' Yrds' or 179'74 Sq' Mtrs' 34 1. admeasuring about situated at Old Safilguda, Malkajgiri, Medchal-Malkajgiri (erstwhile Rangareddy District), the petitioners filed the present Writ Petition. official Pleader submits that the 4. Learned Government the procedure contemplated under respondents will tollow Registration Act, 1908' Section 71 of the 5.

Section 7l of the Registration Act, 1908 reads as foliows: Reasons for rcfusal to register to be recorded - (1) Every Sub-Registrar refusing to register a document' except on tlte ground that the propcrty to which it relates is not situated within his sub-district shall make al order of refusa-l ald recorded his reasons for such order in his Book No 2' ald on the document; endorse the words "registration refused" made by anY person executing or claiming and, on application without payment and unnecessar5z und. er thc document, shall, reasons so recorded' delay, givc him a copy of the document (2) No registering officer shall accept for registration a so endorsed unless and until, under the provisions hereinafter registered' contained, the docurnent is directed to be with the of the above submissions coupled 6.

In view Section 71 of the Registration Act, 1908' this provision under the Authority is disposed of directing Registering Writ Petition to be presented process the document sought to receive and subject to in respect of the subject property' by the petitioners of the with the provisions the petitioners complying Stamp Act' 1899' Act, 19OB as weli as the Indian Registration to refuse to Registering Authority It will be open the him' if he has registration of the document presented before such he shall assign reasons in support of any objection, and also communicate the same to the decision and shall petitioners. It is made clear that this Court has not expressed any opinion on the merits of the case as to the entitlement of get the subject document registered' the petitioners to any, pending shall stand Miscellaneous petitions, if no order as costs' closed' There shall be to sd/-A.

sREENrvAsA REDD' ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To (Stamps and Registrati Secretariat, Hyderabad, 1 . The Principal Secretary State of Telangana- 2. The Sub-Regiikar, Malkajgiri Mandal, Medchal Malkajgiri District' 3. The Chief Eiecutive Officer, Telangana Wakf Board, Huz House, Nampally' Hyderabad. 4. One CC to Ms. BOBBALA JYOTHIRMAI, Advocate [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana, at Hyderabad. [OUT] 6. One cc to sRI FARHAN AZAM KHAN, SC FOR TSWB [OPUC] 7. Two CD CoPies PSK. Vt-- l CC TODAY HIGH COURT DATED: 241041202b t\: \r': Sirii -il \ ,. ) Z . ,-) rPfi zCI? fi 3 0 . fi 'i:. :,ry \i . / " ORDER +, * ,n // - 'r;,aJ )!. \n. t:-'. ' WP. No. 13099 of 2026 '_-. -. -. " -:,'::---"- DISPOSING OF THE WRIT PETITION WITHOUT COSTS . o(& k+'

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.