✦ High Court of India · 09 Jun 2025

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Case Details High Court of India · 09 Jun 2025
Court
High Court of India
Decided
09 Jun 2025
Bench
Not available
Length
1,052 words

Acts & Sections

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent ' "; ']"^j.lb Registrar, Quthbullapur' Medchal- Malkajgiri District' in refusing to recetve' register and release the Gift Deed presented by the petitioner in respect of all that the Plot No 143, admeasuring 200 Sq Yards ' in Sy No 233' situated at Nizampet Village, Bachupally lVlandal' Under Nizampet Municipal Corporation' Medchal-Malkajgiri District' on the ground of the document is based on the validated document as a tink document and validated document cannot be treated as a Link Document vide Letter C and lG Endt No ClG'Mail/AR/2008' dated 02-01-2008 issued by the respondent no 2' is illegal' arbitrary' in violation of Articles 14, 21 and 300-A of Constitution of lndia and also in violation of consequently to direct respondent No 3 to receive and register the Gift Deed RegistrationAct'1908'besidesinviolationofprinciplesofnaturaliusticeand i' presented by the petil orr:r in respect of all that the Plot No l4:l ad neasuring 200 Sq.Yards., in S y 'lc 233 situated at Nizampet Village' Bachrrpal y Mandal' UnderNizampetlr/u-ritilalCorporation,lvledchal.tvlalkajgiriDistrict,without reference of Letter (l ard lG Endt No ClG tr/lail/AR/2008 ' clated 02-01-2008 issued bY the resporrd 3nI r o 2 lA NO:'l O F 2025 PetitionUnde.jertion,l5lCPCprayingthatinthecir:unlstan:esstated in the affidavit filed in srr lport of the petition, the High Court rnay be ]leased to directrespondentNo3t)receiveandregistertheGiftDeeclptelsen,edbythe petitioner in respecl r f I I that the Plot No- 143' admeasuring 2C)0 Sc Yards ' in r Nizampet Sy.No.233, situated :rt Nlizampet Village' Bachupally Mandal L'!rde rf Letter C tvtunicipal Corporati'lr lle'dchal-Malkajgiri District' without rel{)r€'rrce and lG Endt No.Cl(i l'4ai/CR/2008, daled 02-01-2008 issued :y the no.2, pending disposa I c f the above writ petition respondent Counsel for the Petitionerr: SRI' KATIKA RAVINDER REDDY Counsel for the Respordents: AGP FOR STAMPS AND REGISTRATIT)N The Court made the follc'wing: ORDER TIIE HONOURABLE SRI JUSTICE K.SARATH II/RIT PETITION No.1 4645 of2025 ORiDER: Heard learned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration appearing for the respondents. With their consent, this writ pe[ition is disposed of at the stage of ad.mission.

2. The writ petition is filed declaring the action of the respondent No.3 i.e., The Sub Registrar, euthbullapur, Medchal-Malkajgiri District in refusing to receive, register and release the Gift Deed presented by the petitioner in respect of a_ll that the plot No.143, admeasuring 2OO Square yards in Sy.No.233, Situated at Nizampet Village, Bachupally Mandal under Nizampet Municipal Corporation, Medchal-Malkajgiri District on the ground of the document is based on the validated document as a link document and vatidated document cannot be treated as a Link Document vide Letter C & IG Endt.No.CIG.MaillARl2OOB, dated O2.OL.2OOB issued by the respondent No.2, AS illegal, Eil ^16$ -.. .--r o SK, J W.I'. Na'.146'tS of 2O25 Justice itr vioiation of Articles 14' 2l ancl 300-A of arbitrary', Constitutilr-, :f India and also in violation 'lf R-'gistratron Act, 19otl. cesides in violation of Prinr:ipl':s rf Natural rlrcl :onsequently direct the resporldcot llo 3 herein to receivrl rtrrrl register the Gift Deed 1:rer;enled by the respect of all that the Plc t No' 143' admeasu i'rtl P 2OO Square Yards in SY'No'23'3 Situated at Nizamper r/illage, Bachupally Mandal urtdel Nizampet MunicilxLl a)'xporation, Medchal-Malkaj gir i l--ri str ict' without 16fg1sn3t: tc Letter C & IG ,rr41.5s.C) tG. Ma l/AR/ 2008' dated ()ir.C 2008' Petition{r1 '11 l,::Lrtled Assistant Government PL':acler for Stamps 3. and Flegistratton submits that withotrt pr( senting the docurrLent,thepetitionerhasapproirchedthisCourt seekir:g rt:1$stration of the document lf tlie petitioner pieseltts .Jre same before the Registet'in'11 arthority' the respotrrl.erls will receive the same and Irlllcw the procedure as co:l1 errrl:lated under Section 71 of ttle Ree istration Act' 19OB (f rr short, the Act, 1908')' \ 3 sr, J W.P.No.74645 oJ 2O25

4. The Section 7l of the Act, 1908, reads as follows: Reasons for 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 shall 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 any 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 ofhcer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. t I

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 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, if he has any objection, by duly 4 SI(, J W)' .N<t.146't5 oJ 2025 assignini-I t (iilsons 1n support of suc-L 'fec sion and It is made commurli(ra'.() the said decision to the petitiorer clear th a' r'l-ris Court has not expressed arl)' ( )plnlon on merlts cf ti'r: case as to the entitlement oi the p:titioner to get the sullj':ct document registered' Tl-rere shall be no Order as, to crrlsts. 6. Mis,.:el]tlneous Petitions' if any' perrdirig in this writ petition :,halt stand closed' ,il?;li'''#[[?Hi[ /ITRUE COPY// SEC'I'ION OFFICER at, To, 1 2 4(

6. Two CD 3';Pies BM BS $ t- HIGH COURT DATED:09106t21125 I l ORDER WP.No.14645 of 2025 * oR THE s k (*\ 01 lw nw i, spa ICH ET .,\,,t .4''. r,' a -t- o t DISPOSING OF THE WRIT PETITION WITHOUT CO$TS ,, 6&f' \n *

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