High Court · 2025

Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order more particularly in the nature of Writ of [\,4andamus declaring the action of the respondents particularly the 3rd respondent in refusing to receive register gift deed in respect of the House Door No.25-40-3217A, Plol No.50, admeasuring 266.66 Sq Yds., or 223 Sq lVlts. in Sy Nos 562 and 563, G plus 1 with built-up area Ground Floor consistin g of 1250 Sq feet First Floor consisting o'f 1248 Sq Feet total built-up area consisting of 2498 Sq feet Sri Rama Chandra Enclave (Erstwhile Ntr/DC Colony) Street No. 5, Back Side of lvlore lriilarket, East Anandbagh HYDERABAD - 500 047, Telangana State. lA NO: 1 OF 2025 I Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 3rd respondent forthwith to receive, register Gift Deed in respect of the House Door No.25-40-3217A, Plot No.50, admeasuring 266.66 Sq Yds., or 223 Sq Mts. in Sy.Nos 562 and 563, G+1 with buillup area Ground Floor consisting of 1250 Sq feet First Floor consisting of 1248 Sq Feet total buillup area consisting of 2498 Sq feet Sri Rama Chandra Enclave (Erstwhile NMDC Colony) Street No. 5, Back Side of [Vlore Market, East Anandbagh HYDERABAD - 500 047' Telangana State, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAGHAVENDRA RAO BASUTHKER Counsel for the Respondent Nos.1 TO 3: AGP FOR STAMPS AND REGISTRATION Counsel for the Re:;pondent No.4: SRI FARAN AZAM KHAN, SC FOR TSWB The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.8421 of 2025 ORDER: Heard learned counsel for the petitioner ald learned Assistant Government Pleader for Stamps and Registration and learned Stalding Counsel for the Telalgana State Wakf Board appearing for the respondents. With their consent, this u,rit petition is disposed of at the stage of admission.

2. Aggrieved by the action of the respondent No.3 herein in refusing to receive and register the gift deed in respect of the house door No.25-40-32/7a, Plot No.50, admeasuring to an extent of 266.66 square yards or 223 square meters, 1n Sy.Nos.562 and 563 situated at East Anandbagh, Hyderabad, the petitioner filed the present writ petition.

3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 19O8 (for short, the Act, 1e08). i I I i ' I sr, J W.P.NI.A421 of 2025

4. The Section 7t of the Act, 1908, reads as follows: Reasons lor 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 shali 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 anv person executing or claiming under the document, shall, without payment and unnecessary deiay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registratron a document so endorsed unless and until, r-rnder the provisions hereinafter contained, the document is directed to be registered. In viert, of the above made submissions coupled with 5. the provision under Section 71 of the Act, 19O8, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject docurnent, subject to the petitioner complying with the provisions of the Act, It1 f eOA as well as the Indian Stamp Act, 1899' It will be open to the Registering Authority to refuse the document by duly presented before him, if he has aly objection, \ 3 sr(, J W.P.No.8421 of 2025 assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this writ petition sha-ll stand closed. //TRUE COPY// SD/-V.KAVITHA D PUTY REGISTRAR SECTION OFFICER tion) Department, I '1 . The Principal Secretary Revenue (Stamps and Regts 2. The Commiss Secretariat, H yderabad. State of Telangana ioner and lnspector General of Registration and Stamps, Telangana, Hyderabad The S ub- Registrar, Malkajgiri, tvledchal-lValkajgiri District The Chief Fxecutive Officer, Telangana State Wakf Board, Nampally, Hyderabad One CC to SRI RAGHAVENDRA RAO BASUTHKER, Advocate tOpUCl Two CCs to GP FOR STAMPS AND REGISTRATTON, High Couh for th-e State of Telangana. at Hyderabad. [OUT] One CC to SRI FARAN AZAIM KHAN, SC FOR TSWB [OPUC] To I J 4 A 6

7. o. PSK. GJP Two CD CopiesW HIGH COURT DATED:2010312025 ORDER WP.No.8421 ot 2025 :( ,IttA/ ( oA o o I 0 2 i,r;,] 2[25 'r a t O5'.Srr.1l Crl DISPOSING OF THE WRIT PETITION WITHOUT COSTS I ?r( i I I I