Heard Sri v. Yadu Krishna Sainath

PIOa\lEERS lNDIA, (Regd. Society No.1711990), Represented by its President CHELLEMALLIKA DEVI, DAUGHTER OF SRI. KRUSHNA REDDY, aged about 44 years, occ. Presidenl Pioneers lndia, Resident of H_ No.B-42, Erraguduru, Pamulapadu Mandal, Kurnool District, Andhra Pradesh ST.PAUL CHARTABLE TR-UST, (PAN-AAHTS1688K), Rep. by its Trustee SRl. PALUS MUTHUNAYAGA, S/o. Late I/UTHUNAYAGAIVI, aged about 43 years, Ryo. H. No.6-100, S P Bhavanm Arayarthuvilai, Kulappuram, Tamil Nadu - 629 153. ,....PETITIONERS AND

1. The State of Telangana, Represented by its Principal Secretary, Revenue (Stamps and Registration) Department, Dr.B.R.Ambedkar Telangana State Secretariat Building, Hyderabad.

2. The District Collector, Ranga Reddy District. 3. The Tahilsdar-cum- Joint Sub- Registrar, Chevella, R. R. District. 4. The Commilsioner and lnspectcr General, Registration and Stamps, Telangana, Hyderabad. .....RESPONDENTS 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 an Order, Direction or Writ, more particularly a Writ of Mandamus declaring the action of the respondent no.3 in not receiving, processing, registering and releasing the Gift deed Dt. 05.O7.2025 in respect of the property i.e, agricultural lands admeasuring Ac.0-21 gts in Sy. No. 157lAl4l113, Ac.0-04 gts in Sy. No.157l3l1111113, Ac.0-22 gts in Sy. No.157lA/3/3, Ac.O-22 gts in sy. No. 157lAl2t113 and Ac.0-20 gts in Sy. No.157/4/5/1/4, total admeasuring Ac.2-09 gts, situated at Allawada village, chevella ltrlandal, Ranga Reddy District as illegal, improper, unjust, arbitrary, without iurisdiction and being violative of Art.14, 21 and 300A of the constitution of lndia and consequently direct the Respondent No.3 to receive, process, register and release the document i.e., Gift deed Dt. 05.07.2025 presented by the petitioners in respect of the agricultural lands admeasuring Ac.0-21 gts in sy No.157lAl41113. Ac.0-04 gts in Sy. No.157l3t1t11113, Ac.O-22 gts in Sy. No.157/A/3/3, AcO-22 gts in Sv No 157lAl2t113 and Ac.0-20 gts in sy. No.157tAl5l1l4, total admeasuring Ac.2-09 gts, situated at Allawada Village, Chevella Mandal, Ranga Reddy District' l.A.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 direct the respondent no.3 to receive, process, register and release the document i.e., Gift deed Dt. 05.07.2025 presented by the petitioners in respect of the agricultural lands admeasuring Ac.0-21 gts in sy. No. 157lAl41113, Ac.0-04 gts in Sy. No.15713/1t1t113, Ac.O-22 gts in Sy. No.157lN3/3, Ac.0-22 gts in Sy No. 157tAl2t1t3 and Ac.0-20 gts in sy. No.157lAl5l1l4, total admeasuring Ac.2-09 gts, situated at Allawada Village, chevella l\ilandal, Ranga Reddy District in accordance with law, pending disposal of the above writ petitron Counsel for the Petitioners : SRI V.YADU KRISHNA SAINATH Counsel for the Respondents : Ms. S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2O661 of 2o25 ORDER: Heard Sri V. Yadu Krishna Sainath, learned counsel for the petitioners and Ms. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by th6 inaction of the Respondent No.3 in refusing to receive, register and release the gift deed presented by the petitioners in respect of the agricultural land admeasuring Ac.O.21 guntas tn Survey No.l57 I Al4 lIl3, Ac.O.04 guntas in Survey No.157lE/IlLltlrlll3, Ac.O.22 guntas in Survey No.157/A/313, Ac,O.22 guntas in Survey No.l57lAl2lll3 and Ac.0.2O guntas 1n Survey No.157/A/5lll4, total admeasuring land Acs.2.09 guntas situated at Allawada Villagc, Chevella Mandal, Ranga Reddy District, the petitioners hled the present writ petition. r> sK, ./ wP 20661 202s

3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting thc subject document, the petitioners have approached this Court seeking registration of the said document. Il the petitioners present the sarte before the Registering authority, the respondents will receive the same and follou' the procedure AS contemplated under Section 71 ol thc Registration Act, 1908 (for short, 'the Act, l9O8).

4. The Scction 71 of the Act, 1908, reads as follows: Reasons for relusal to register to be recordcd.- (1) Every Sub Regislrar refusing to register a documenL, except on the ground that thc l)roperty to u,hich 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 enclorse the words "registration refusecl" on the document; and, on application made b1' any person exccuting or claiming under the documcnt, shall, u,ithout payment and unnecessary delav, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so enclorsed unless and until, ultder thc provisions hereinafter contained, the document is dircr:t ccl to be registered. r, sK,.l wP 20661 202s

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 petitioners 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 asslgnrng reasons ln 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. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// SD/.P. PONNA KRISHNA TANT REGISTRAR SECTION OFFICER To ' " 2 3 4 s tration) DePartment, ing, State of Telangan d 1 . Th" Principal Secretary, Revenue (S-tamps and, Re ' iii.i.niiiu"ak"i r"t"'ng'n' State secretariat Buil Hvderabad. .l t"-O'.trl"t Collector, Ranoa Reddy District' The Tahilsdar-cum- Loint S=Jbl R"Sittt"' Chevella' R R District' +i.iE #ffi];.ionei ano rnipe"toi6"n"ral' Resistration and Stamps' Telanqana, HYderabad' Two iCs to GP FOR REVENUE' High Court for the State of Telangana at 3I1"St# JR,utlforu KRTsHNA sArNArH' Advocate toPUCl Two CD CoPies 5 +P"^7 ( oR THE S r,1 16 c ...) ,a. ($ !i 30JUt m6 r-tl:r DAr c\'...,.: ,--,;/' HIGH COURT DATED:1 810712025 ORDER WP.No.20661 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. p