✦ High Court of India · 30 Apr 2025

Vadde Padma, W/o v. Narasaiah, aged about

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,019 words

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ or direction preferably writ of Mandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the Gift deed presented by the petitioner in respect of Residential House bearing No.25- 4OtB4, in plot No.1, in Survey No.39B & 580, (PTl No.1170603882) admeasuring 333 Sq. yards, situated at Anandbagh, Malkajgiri Municipality and Mandal, erstwhile Ranga Reddy District, Medchal Malkajgiri District is illegal, arbitrary and contrary to provisions of law and violation of Article 300-A of the constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the Gift deed / any other deeds presented by the petitioner in respect of Residential House bearing No.25-40/84, in plot No.1, in survey No.398 &580, PTI No.11706038B2, admeasuring 333 Sq. yards, situated at Anandbagh' Malkajgiri Municipality and Mandal, erstwhile Ranga Reddy District, Medchal :ia' Malkajgiri District r,vithout insisting No-objection Certificate (NOC) from the Respondent No 3. lA NO: 1 OF 202t5 Petition under section 151 cpc praying that in the circunrst.ances stated in the affidavit file,d ;n rrOOort of the petition, the High Court m,ay be pleased pleased to direct the Respondent No.2 forthwith to receivr:, proceris, register and release the Gift deed / any other deeds in respect of Residential House bearing No.25-40/84, in plot No.'1 , in Survey No.398 & 580. pTI Nc..1 170603882, admeasuring 333 Scr. yards, situated at Anandbagh, Malkajgiri fvlunicipatity and Mandal, erstwhile Ranga Reddy District, Medchal Malkajgiri Districi:, presented by the petitioners, vritho "rt insisting No-objection certificate (Noc) of the Respondent No.3, pending disposai of the writ petition in the interest of justice. Counsel for the Petitioner : SRI SUBBA RAO VADREVU Counsel for the Respondents No..l&2 : AGp FOR STAMPS ANt) REGISTRATION Counsel forthe Respondent No.3: SRt FARHAN AZAM KHAN, SC FOR WAKF The Court made the following: ORDER ,J ffi7iw/ THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.13314 of 2025 ORDER: Heard learned counsel for the petitioner ald learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, the writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the Respondent No.2, in not receiving, registering and releasing the Gift deed presented by the petitioner in respect of Residential House bearing No.25-40 184, in Plot No.1 (FrfI No.1170603882) admeasuring to an extent ol 333 Sq. Yards in Survey No.398 & 5BO situated at Anandbagh, Malkajgiri Municipality and Mandal, erstwhile Ranga Reddy District, Medchal-Malkajgiri District, the petitioner filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting the docr-rment, the petitioner has approached this Court o SK, J w]> 13314 -2025 seekirrg rtgistration of the document. 11- rhe petitioner presents lhe same before the Registering eruthority, the responderrts will receive the same and fullovu the procedure as corLtenLplated under Section 7 1 1908 (lor short, ,the Act, 190g,). of the Registration Act, 4 The Siection 71 of the Act, 19Og, rezrds as tbllows: Reasons for refusal to register to be re.corclerd. _ (1) trvery Sub-Registrar refusing [o reg]ster a dor:ument, excepl on the ground that thc prol )erty to rvhi<:h it relates is not situatecl u,ithin ni; sr-rb- disir-ict shall make an order of refusal and re cordecl his reasons for such order in his Btok I\lo..Z, ancl e nc c)rse the words .,registration rcf usecl,, r:n the document; and, on application made b1.:ln\r l)ers{ln cxc()rting or claiming r,rncler the clo< r-rrnernt. shali, rr.itlLout payment and unr-recessary dela_r., gir.e hirLr a cop'.' of the reasons so recorded. (2) l{o registering officer shall acccpt frrr regisrration a dccument so endorsed unless and urrttl, nncl:r the provi:;ions hereinafter contained, the docurnr rnt is lirec:1e<l to be registered.

5. In .rieu' of the above made submissions ccupled with the provision under Section 71 of the Act, 190t;, this writ petition is disposed of directing the Registt:ring A-rthoritv to SK, J wP_ 133 14 -202 5 receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, il he has any objection, by duly asslgnlng reasons ln 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, il any, pending in this writ petition shall stand closed. SD/-A. SRINIVASA REDDY ASSISTANT REGISTRAR //rRUE coPY// //, sEcTo(/6FFrcER ,| 2 3 4 5 The Principal Secretary (Stamps and Registration)' Secretariat' State of Telangand, HYderabad. The Sub-Registrar, Malkajgiri' Medchal Malkalgiri District' The Chief Executive Officer, Telangana Wakf Board' Huz House' Nampally' Hyderabad. One CC to SRI SUBBA RAO VADREVU' Advocate lOPUCl Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the State of Telangana. [OUTI One CC to SRI FARHAN AZAM KHAN' SC FOR WAKF BOARD' IOPUCI Two CD CoPies. BSK BS \ I To, \ I HIGH COURT DATED:3010412025 1r' a/ o' i l: t--. ,-" ;1. .,.,"" =&;}' \s ,.::,-,::; 2:r" ORDER WP.No.13314 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS il D4

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