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2025 Supreme(Online)(Tel) 54550

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE RENUKA YARA,THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL
M/s. Janachaitanya Housing (P) Limited. – Appellant
Versus
The Sub-Registrar – Respondent
WA 465/2025



THE HON’BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON’BLE SMT. JUSTICE RENUKA YARA WRIT APPEAL No.465 of 2025 JUDGMENT (Per the Hon’ble the Acting Chief Justice Sujoy Paul)

Sri A. Ravinder Reddy, learned Senior Counsel represents Ms. Meghana Chakravarthy, learned counsel for the appellant and Sri Muralidhar Reddy Katram, learned Government Pleader for Stamps and Registration, for respondent Nos. 1 to 3.

2. With the consent, finally heard.

3. During the course of hearing, learned counsel for the parties reached to a consensus. The singular reason for rejection of the appellant/writ petitioner’s application by respondent No.1 for registration of documents reads thus:

“As seen from the prohibition properties list of this office, the said Survey Number 250 Part of Manikonda Jagir Village is prohibited for Registration under Section 22-A of Registration Act, 1908 as per Chief Executive Officer A.P. State Wakf Board Hyderabad, Letter No.93/L4(a)/RR/2007, dated 10.12.2014.”

It is agreed that the singular reason is based on a prohibitory order dated 10.12.2014 wherein it was held that the property in question is a waqf property. However, the said singular finding cannot sustain judicial scrutiny in view of the decision of the Supreme Court in the case of State of Andhra Pradesh (now State of Telangana) v. A.P. State Waqf Board, 2022 SCC OnLine SC 159and the learned Single Judge also agreed with that. Thus, singular reason, on the strength of which appellant’s application was rejected, cannot sustain judicial scrutiny and no other reason was assigned. Thus, it is agreed that the impugned order dated 01.04.2025 may be set aside and respondent No.1 may be directed to rehear the parties and pass a fresh order in accordance with law.

4. In view of consensus arrived at, the impugned order dated 01.04.2025 is set aside. The matter is restored in the file of respondent No.1. The appellant shall appear before respondent No.1 on 08.05.2025 at 11:30 A.M. On such appearance, respondent No.1, as per his convenience, shall fix a date of hearing and pass a fresh order in accordance with law.

5. With aforesaid and without expressing any opinion on merits of the case, this Writ Appeal is disposed of. No costs.

Interlocutory applications, if any pending, shall also stand closed.

SUJOY PAUL, ACJ RENUKA YARA, J Date: 29.04.2025 Myk/Tsr

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