High Court · 2025

1. Sri Chintala Jaoan Moltan.Bgddy, S/o. Sri Laxma Reddy aged about 56 o* asridutrure nyo.H.r.ro.ijorTilbxr,r-r.r, p"aoli,Jliii.tlli:.sos I?A:, 2' Smt. chintara Saroiini B.ai arias sattawa, wo. Sri Laxma Reddy aged about 81 years, occ airricutture R/;.;4:8i:' c6irirroput, vinage Dharmaram v mandat, peddapalliiistrict _-scjs +i'0. '| ' vvvsr AND ...PET!T|oNERS 'l . State of Telanoana. represented by its principal Secretary Stamps and ^ Eesistration dep-a rtment Seiieiirirt, -rivj;;U;"' * 5 li8 tsj:tx:l 58fl:J8i dtTts .",x8ii,: sff,fsf 4 The . Tahsirdar - cum -',.loini suo*"s"ffi, chandurthi, Rajanna siricira ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to pass an order, Direction or writ and more particurarry one in the nature of writ of Maridamus decraring action of the respondent No.4 of refusing to receive and register gift deed dated 04-01-202s executed by the petitioner No'2 in favour of the petitioner No.1 in respect of agricurturar rand admeasuring acres 3-22 guntas in Survey No.49 11N2. situated at Bandapalle village, chandurthi manda[, Rajanna sirci[a district, covered by pattadar pass book and title deed No.T19020100566, vide Khata No.B31, as iltegat, arbitrary, high handed, unreasonable, contrary to law, constitution of lndia and principles of natural justice and consequenfly direct the respondent No.4 to receive, process, register and return the said gift deed dared 04-01-2025 vide apprication No.2500008260 and e-challan No.REG_2500011355, being presented for registration in respect of the said land of the petitioner No.'l in favour of the petitioner No.2, in the interest of justice lA NO: 1 OF 2025 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 pass an Order, Direction or Writ and more particularly one in the nature of Writ of Mandamus declaring action of the respondent No.4 of refusing to receive and register gift deed dated 04-01-2025 executed by the petitioner No.2 in favour of the petitioner No.1 in respect of agricultural land admeasuring acres 3-22 guntas in Survey No.491lAl2. situated at Bandapalle village, Chandurthi mandal, Rajanna Sircilla district, covered by pattadar pass book and title deed No.T19020'100566, vide Khata No.831 , as illegal, arbitrary, high handed, unreasonable, contrary to law, constitution of lndia and principles of natural justice and consequently direct the respondent No.4 to receive, proce.ss, register and return the said gift deed dated 04-01-2025 vide application No.2500008260 & e-challan No.REG-250001 1355, being presented for registration in respect of the said land of the petitioner No.1 in favour of the petitioner No.2, in the interest of justice Counsel for the Petitioner: SRl. SHYAM S AGRAWAL Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.91OO of 2O25 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondeirts. With their consent, this writ petition is disposed of at the stage of admission.

2. Aggrieved by the inaction of the respondent No.4 hcrein in refusing to receive and register Gift Deed dated

44.01.2025 cxecuted by the petitioner No.2 in favour in the petitioner No.1 in respect of agricultural land admeasuring to an cxtent of Ac.3 22 gtntas in Sy.No.491lA/2, situated at Bandapalle Villagc, Chaldurthi Mandal, Rajanna Sircilla District covered by Pattadar Pass 'Book arrd Title Deed No.T19020100566, uide Khata No.83 1, the petitioners filed the present writ petition and requested to direct the re spondent No.4 to receive, process, register and return the said Gift Deed dated 04.O1.2025 uide Application No.25OOO08260 and e-Challan No.REG-25O0Ot 1355, being o SK' J w.P.No.97OO oJ 2O25 presented for registration in respect of the said land of the petitioner No.1 in favour of the petitioner No'2'

3. The Assistalt Government Pleader has stated that the respondents will fo1lor.r' the procedure contemplated under Section 71 of the Registration Act, 1908 (for short' the Act' 1908).

4. The Section follows: 71 of the Act, 1908, reads as Reasons for refusal to register to be recorded - (1) Bvery Sub Registrar rcfusing to regls[er a documcnt, cxccpt on l-he ground that the propcrty 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 rvords "registration refused" on the document; and, on application made by any person executing or claiming under the document, sha11, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registcring oflicer shall accept for registratron a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. 3 SI(, J w.P.No.97OO of 2O25

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to rcccive, rcgister and release the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It wili be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly asslgnlng reasons [n support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitLement of the petitioners to get the subject document registered. There shall be no order as to costs.

6. Miscellaleous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. JAYA SREE EPUTY REGISTRAR SECT]ON OFFICER To, T.S..Hvderabad. 1 . The Principal Secretary Stamps and Registration department Secretariat' z. frr!'Oiltnct Registrar, Rajanna Qjriciua d-isfrjc! 3. The District Collector, Raianna Siricilla dlstflct' ;. iii; i;ti;il,i* - ;r; - Joiht Srb-Resistrar, chandurthi, Rajanna siricilla s. 6"1'6c to sRl. SHYAM s AGRAWAL, Advocirte-[oPUC] ;. i# dd.i"-Gi FoR SiAMPS AND REGlsrRATloN ,Hish court for the - 7. Two CD CoPies State of Telangana at Hyderabad [OUT] district. *"u HIGH COURT DATED:2610312025 t \ ( ORDER WP.No.9100 of 2025 ot IHE s ra .c 24JUll M 6( z o o o *, t DISPOSING OF THE WRIT PETITION WITHOUT COSTS @p"r,, zr\s\x