✦ High Court of India · 26 Sep 2025

High Court · 2025

Case Details High Court of India · 26 Sep 2025
Court
High Court of India
Decided
26 Sep 2025
Bench
Not available
Length
1,027 words

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of respondent No-3 in refusing to register and release the Gift Deed presented by the petitioner with Pending Document No.P.150/2025 dated 28.08.2025 in respect of all that the Open Plot admeasuring 1743 Square yards in respect of H.No. 2-96 (Assessment No.276), PTIN No.12031OO276 situated at Mankhal Revenue Village under Thukkuguda Municipality, Maheshwaram Mandal, Ranga Reddy District without assigning any reasons as being illegal, arbitrary and also in violation of Article 300,4 of Constitution of lndia and in contrary to the provisions of the Registration Act 1908 and consequently direct the respondent No.3 to register and release the Gift Deed presented by the petitioner with Pending Document No.P.150/2025 dated 28.08.2025 in respect of all that the Open Plof admeasuring 'l 743 SqLrare yards in respect of H.No. 2-96 (Assessment No.276), PTIN No.1203100276 situated at lvlankhal Revenue Village under Thukkuguda Municipality, Maheshuraram Mandal, Ranga Reddy Districl. lA NO: 1 OF 2025 Petition under -<;ection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to register and release the Gift Deed presented by the petitioner with pending document No.P.150/2i25 dated 28.08.2025 in respect of all that the open plot admeasuring 1743 Square yards in respect of H.No.2-96 (Assessment No.276), PTIN No.1203100276 situated at Mankhal Revenue Village under Thukkuguda Municipality, Maheshwaram Mandal, Ranga Reddy District, pending disposal of the Writ petition. Counsel for the Petitr:ner: SRI ALLURI DIVAKAR REDDY Counsel for the Res6rondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.29713 of 2025 ORDER: Heard Sri Aliuri Divakar Redd-v, learned counsel for the petitioner and Smt. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of respondent No.3 in refusing to register and release the Gift Deed presented by the petitioner u,ith pending Document No.P. 150/2025 dated 28.O8.2025 in respect of all the open plot admeasuring 1743 Sq.yards 1n respect of H.No.2-96 (Assessment No.276), PIIN No.1203 100276, situated at Mankhal Revenue Village under Thukkuguda Municipality, Maheshwaram Mandal, Ranga Reddy District, without assigning any reasons, the petitioner filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submits that the respondents vvill follow the procedure ald release the documents or they will pass orders as 2 - per Section 7 I of the Registration Act, 19OB (for short, 'the Act, 1908)

4. Section -1 1 of the Act, 1908, reads as lollou s Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document. except on the ground that thc property to which it relates is not situated within his sub-district shall makc ;rn order of refusa.l:rnd recorded his reasons for such order in his Book No.2, alrd endorse the words "registration refused" on the document; and, on application made by any persorl executing or claiming under the document, sh;rll, without payment and unnecessary delay, give him a <:opy of the reasons so recorded. (2) No registering officer shall accept for rcgistration a document so endorsed unless and until. under the provisions hereinafter contained, the documerrl is clirected to be regrstered.

5. In view of the aforesaid submissions coupled with the provision urlder Section 7l of the Act, 1908 and on perusing the entire material on record, this Writ Petition is disposed of directing the Registering Authority to register and release the Giit Deeci Dresented by the petitioner with pending document No.P. 150 oi 2025 dated 28.08.2025, within four (04) weeks from the date ol receipt of copy of this order, subject to the petitioner complying with the provisions of the Act, 1908 as r.r,ell as the 3 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 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. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. /TTRUE COPY// D/.P. PONNA KRISHNA SISTANT REGISTRAR SECTION OFFICE R stration) Dep artment, Dr 1. The PrinciPa I Secretary, Revenue (Stamps and elangana State- 500022 2. The lG and Commissio ner of StamPs and Reg istration, Office At Registration B.R Ambedka r Telangan a Secretariat , Hvd erabad Bhavan, Near MJ Marke t, Hyderabad , Telangana State -500001. The Sub-Registrar, Maheshwaram' Ranga Reddy District' One CC to SRI ALLURI DIVAKAR REDDY' Advocate IOPUCI TwoCCstoGPFoRSTA.IVIPSqREG|STRAT|oN,HighCourtfortheState Ji%iridri, h HYderabad [oUr] Two CD CoPies 4 5 6 To, BSR BS <,/ / HIGH COURT DATED: 26109,t2025 ,l ORDER WP.No.29713 of 2025 !.,l o'( 1o t:ct t;, DISPOSING I)F THE WRIT PETITION, WITHOUT COSTS 4 I /ro ,lt ( //

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