High Court · 2025

Petition under Article 226 ot the Constitution of lndia praying that in tho circumstances stated in the affidavit filed therewith, the High pourt may be pleased to issue a writ, order, Direction more particularly one in the nature of writ of Mandamus declaring the action of the 4rh respondent in refusinglhg reiistration of Gift Deed daled 17-12-2022 in respect of Plot No.59 in Survey No.36/'14 of land admeasuring 300 sq. yards situated aJ Vinayaka Nagar Colony, Gopanpalli Village, Serilingampally Mandal, Ranga Reddy District and pending dqcument No.P 235 of 2022 by Refusal Order No.61/2022 d1.21-12-2022 as confirmed in Appeal File No.179/Appealst2O23 of the 3'd respondent on t!'re ground that the property in Survey No.36 of Gopannapalli Village' Serilingampally Manda!, Ranga Reddy District in Prohibrtory List under section 22 A of Registration Act as illegat, unsustainable, arbitrary, untenable, motivated, deliberate, intentional and highly objectionable, unconstitutional against law as well as principles of natural justice and consequently set aside the same and direct the respondents to receive, register and release the Gift Deed dt.17-12-2022 in respect of Plot No.59 in Survey No.36/14 of land admeasuring 300 sq. yards situated at Vinayaka Negal Colony, Gopanpally Village, Serilingampally Mandal, Ranga Reddy pistrict. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the. circumstances statQd in the affidavit filed in suppcrt of the petition, the High Court may be pleased do direct the respondents to register and release the Gift Deed dt.17-12:2022 in respecl of Plpt No.59 in Survey No.36i14 of land admeasuring 300 sq. yards situated at Vinayaka Nagar Colony, Gopanpally Village, Serilingampally Mandal, Ranga Reddy District, pending disposal ot the main writ pptition. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the crrcumstances slated In the affidavit filed in support of the petition; the High Court may be pleased to direcl the respondents to register the Document no. P 23512022 daled 17.1?.2021tayour pf petitioner and to deliver the same an pass such other and further order or orders to which the petitioner rs entitled to in the interest of justice. Counsel for the Petitioner: SRI K. B. RAMANNA DORA Counsg! fortfe Respondents: GP FOR STAMPS AND REGISTRATION The Cqurt made the following: ORDER . 1]\ a7> THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.6374 of 2023 ORDER: 'Heard learned counsel for ihe petitioner and Learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 5. With the consent oI the parties, the writ petition is being taken up for disposal. 2 This writ petition is filed seeking the following prayer:- -declare " to the action of the 4tt, responclent in refusing the registration of Gift Deed dated 17.12.2022 in respect of plot No.S9 in Suney No.SAll+ of land admeasuring 300 sq.yards situated at Vinayaka Nagar Colony, Gopanpalli Village, Serilingantpally Mandal, Ranga Reddy District aid pending document No.P 235 of 2022 by Ret'usal Orfur No.61/2.022 dt 21.12.2022 as confrmed in Appeal FiIe No.179/Appealst2.023 of tfu 3d respondent.on the ground thnt the propefty in Suruey No.36 of Gopnnnapalli Villnge, Senhngampally Mandal, Ranga Reddy Distiit in Prohibitory List undtr section 22 A of Registration Act as illegal, unsustninable, nrbitrary, untentble, motiztated, deliberate, intentiinal aruL highly ob jectionable, unconstitutional agninst lato as weII crs pinciples of natural justice and consequently set aside the same and direct the responilents to receioe, register and relesse the Gift Deed dt 17..12.2022 in respect of plot No.S9 in Suruey No.36/i4 of lnnd aylmensurl_ng_ 3.00 sq.yards situated nt Vinayakn Nagar Colony, Copnnpnlly Village, Serilingampally Mandal, naiga nerldy Disirict.,, Today when the matter has been taken up for hearing, learnecl cognsel for the petitioner submits that writ petition is squar.ely covered by the order passed by this Court in w.P.No.16109 oI 2024 d.ated, 19.02.2024, rerevant paragraphs are extractecl hereunder:- " 13. As such. the letter dated 10.06.2021 in Lr.No. E5/2g25/2021 and the similar letter dated 29.09.2021 in which reference of letter clated 10.06.2021 was made, are only letters submiued- by District Collector, 2 Ranga Rcddy Districl lo District Registrar, Registrotion & Stamps Departnlent, Ranga Reddy District for taking further necessary action and that cannot be the basis for refusal for registratic)n of the x.hject property. Il is also periinent to note thal subsequently, no nofirtca on was issued by respondent aulhorities with respect to the list of lands mentioned in the letter dated 10.06.2022. In yicw of the same, letter dated 10.06.2021 in Lr.No. E5/282 5/2021 and.tlte similar lerter dated 29.09.2021 submitted by District Collector, Ranga Reddy District to District Registrar, Registralion & Stamps Department, Ranga Reddy District are not in consonarice to the provisions of Sectiou 22-A of the Act and 22(A)(l)(e) and Clau.se (vi) o.f the guidelines arul the same cannot be referred for the purpose of denying registration of the subject properties. Consequently, reference made vide Lr.h'o.E5/2825/2021, dated 10.06.2021 and similar letter dated 29.09.2021 are per se illegal, arbitrary and bad in law and are hereby set aside and writ petition stands allowed. Registering Authorilies are directed lo receive, register and release the sale deed presented by the pelition in respect of the subject property, .subiect to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indiatt Stamps Act, 1899. lt is also open to the Regislering AuthoriD, to refuse to regisler the subject document. by specifically assigning the reasons in terms of Section 7l of the Acl, I908 and commwicate the said decision to the pelilionet'. I4. Needless, to stale lhal respondent Authorities shall scruptlousllt .follow lhe directions and shall not further refer to the Lr.lt'o. E5i282 5i202I dated 10.06.2021and similar letter dated 29.09.2021 os a reason .for refusal of regislration and Registering Authorilies shall veriJy the same before denying the registering on the sirnilar ground which has already been addressed in this writ petition. It is made clear thal mere registralion of the docuntent tloes not confer title on the subject property arul it is also tnqde clear that this order would not lruve any bearing on all those matters v,here title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any olher case this order also does not prcclude the parties in dsserling lheir rights beJbre a competenl Court of law. )5. Accordingly, writ petition is allowed with the above observations. "

4. ' Learned codnsel for the petitioner further pray tl-ris Cou-rt to pass similar orders as passed in W.P.N o.761,09 of 2024 dated 79.07 .2024.

5. Learned Assistant Government Pleader appearing for respondents has not disputed the same. J t 6. Recording the submissions made by the learned counsel appearing on either side and in terms of order passed by this Court in W.P.No.16109 of 2024 dated19.07.2024, this writ petition is allowed by setting aside the re{usal order No.61 of 2022 dated 2'1.12.2022, and the Registering Authority is directed to receive, register and release the subject document presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is made clear that if the said document cannot be registered for any other reasons, the Registering Authority shall record and communicate the same to the petitioner. It is also made clear that mere registration of the document does not confer title on the subiect property and this order would not have any bearing on all those matters where title/rights of the parties are pending before the authoritics either ih revision/ appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law.

7. Accordingly, this writ petition is allowed. Miscellaneous applicationS, if any pending, shall stand closed. No order as to costs. SDI-V. KAVITHA TANT REGISTRAR AS //TRUE COPY// SECTION OFFICER To, TJ BS I l i I I Telangana, Hyderabad. The State bf Telanganh, HYderabad.

1. The Principal Secretary, Stamps and Registration Depa(ment, Secretariat, 2. tE d;m,ss:ioneri Stimpd and Registration Department, State of 3. The D'istrict R-eqistrar, Rang Reddy District ; iil Srb R;oisirai. beritinsampalli SRo, Ranga Reddv District ri. ine Ots ric[dotlector, Ranga Reddy District At Hyderabqd' 6. One CQ to Sri K. B. Ramanna Dora, Adt/ocate IQPUC] i: iil; Eds.i"ti'to, stam6;Ana R4iii,iti"n Hiijn eodrt for tho Stals or ' i;l;,ifr;;, at uyrGrabad touTl 8. Tw; id c6p,"'' 1z/ s HIGH COURT DATED:06t0212025 \ I I ORDER WP.No.6374 of 2023 F-" .< t o o , o 1HE sI4 14, a1 r ) ). +i o 7 mnn zu5 SI,lrcrt9 o * ALLOWING THE WRIT PETITION WITHOUT COSTS // / /J I I I I i i I I I I I I I I i I