Bikkana Padmaldthii'Rani v. The State of Telangana

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 pass an order or orders one in the nature of Writ of Mandamus by declaring the action of the 2nd respondent in refusing to register the Release deed (Joint Rights) presented in favour of the petitioner for registration by passing refusal order vide Memo No.36212025 dated 16.09.2025 basing on the letter vide Lr.No.B/9363/2024, Dt30.10.2024 issued by the 4th Respondent as arbitrary, illegal, contrary to taq*ialiagainst the Rights guaranteed by the Constitution of lndia and consequentially to declare that the letter vide LrJ',lo.B/9363/2024, Dt.30.1O.2024 issued by the 4th Respondent and refusal order vide Memo No.362/2025 dated 1&tt92025 issued by the 2nd respondent as arbitrary and illegal and set aside ft.ie'same by consequentially directing the 2nd respondent to { t I I : I : I i j register the Release deed (Joint Rights) presented in favour of the petitioner for registrati on vide P"Als,Z04"of ,2025, DL29.07.2025 lA NO: 1 o ;..1i . i ....i ')i t F 2025' , .:i' ' ' Petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed ig,,st pp,.Srcf the petition, the High Court may be pleased to direct the 2nd respondeiit to,rrinslOer for registration of the Release deed (Joint Rights) document vide tr:lxlo.7o4 of 2025, Dt.29.07.2025 by suspending the letter Lr.No.B/936312024, Dt.30.10.2024, issued by the 4th Respondent pending disposal of the above.writ peaition Counsel for the #titione.. :SRl ANIRUDH SADHU counsel for the $spondents: AGP FoR STAMPS AND REGtsrRATloN The Court made the following: ORDER l:i' tl e 7 1 SK, J W.P.No.34772 ot2025 THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.34 772 of 2o25 ORDER: Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and penised the entire material on record. With their consent, this writ petition is disposed of at the stage of admission.

2. This writ petition is filed questioning the action of the respondent No.2 in refusing to register the Release Deed (Joint Rights) presented by the petitioner for registration by passing order vide Memo No.362/2025 dated L6.O9.2025 basing on the letter vide Lr.No.B/ 936312024 dated 30.1o.2024 issued by the respondent No.4 as arbitrary, illegal and consequently set aside the sarne by directing the respondent No.2 to register the Release Deed presented by the petitioner *\ -.--'1111 2 SK, J W.P.No.3477 2 ol 2025 - registration vide p. No.704 of 2O2S dated 29.OT .2025. 3. Learned counsel for the petitioner submits that the husband of petitioner late Bikkina Venkateswar Rao had purchased the property bearing plot No.299, Block-A admeasuring 500 sq. yards in sy.No. 135 part at Gouthami Nagar, Edula Nagulapalli Village, Ramachandrapuram Mandal, Rangareddy District from his vendor through registered sale deed No.20423 of 2oo5 dated 06.09 .2006, Doc. No. 22g2T of 2006 dated 05. 1 o.2006 and Doc.No. 2g3s of 2oo7 dated 3,1.01.2oor and after his death, the petitioner and other legal heirs are the joint owners of the said open plot. The parents of the husband of petitioner and he. son have relinquished their undivided joint rights, r-itle and interest over the said property and execute<l a Release Deed in favour of the petitioner on l8'o7 '2025 and when the same was presented for registration, the respondent No.2 has refused the sarne ,/ 3 SK, J W.P.No.34772 of 2025 impugned Memo No.362 of dated L6.09 .2025 basing on No.B/93 63 12024, dated 30. 1 O.2O24, issued by the the Letter 2025 respondent No.4-Tahsildar, Ramachandrapuruun- He submits that basing on the similar refusal order, W.P.No.38 of 2025 was filed by the petitioner therein and this Court vide orders dated 10.01.2025 has set aside the impugned letter dated 30.1O-2O24 and requested to pass similar order in this writ petition also. 4. On the other hand, the learned Assistant Government Pleader for Stamps and Registration is not disputing the orders passed by this court in w.P.No.38 of 2025 , dated 10.0 I .2025 5. In view of the above made submissions by both sides and for the reasons alike in the order in w.P.No.38 of 2025, dated 10.01.2025, the writ petition \ is disposed of by setting aside the impugned Letter No.B/ 9363 /2024, dated 3O.1O.2O24 and the U t- 4 SK, J W.P.No.34772 ot2025 respondent No.2 is directed to register the subject document in respect of subject property, &S expeditiously as possible, preferably, within a period of four (4) weeks from the date of receipt of a copy of this order subject to the petitioner complying with the provisions of the Indian Registration Act, 1908 and Indian Stamp Act, 1899. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where title /rights of the parties are pending before the authorities either in revision/appeals for adjudication and in zrny other case this order also does not preclude the parties in asserting their rights before a competent Court ol- law. There shall be no order as to costs. 6- Miscellaneous petitions, if any pending in this writ L-- petition, shall stand cloSed //TRUE COPY// SD/-A. SRINIVASA REDDY ASSISTANT REGISTRAR U SECTION OFFICER

1. fh" Principjll..Secretary, Revenge Stamps and Registrarion Department, Sec.retariat Buildiqgs, The State of Telangaha, Hyderab-ad. -'|- t9. To,

6. The Joint Sub Registrpr, Patancheruvu, Sanga Reddy. The District Collector., O/o. The District Collector Office, Sanga Reddy District The Tahsildar, Ramachandrapuram Mandal, Sanga Reddy District. One CC to SRI ANIRUDH SADHU Advocate [OPUC] Two CCs to GP FOR STAIUPS & REGISTRATION, High Court for the State of Telangana. [OUT]

7. Two CD Copies PVL LS W L:; '.il :; ,i;:it,;, ': l ,'li .d HIGH COURT DATED i1711112025 \ \ \ ORDER WP.No.34772 of 2025 4;r,': i'i l-r1 I 6 B3 n LIE z I \ t , r:r i.1i r\ DtsPoslNG"oE THE . i ij,i i' WRIT PETITION I , I I I i, I i WITHOUT G.oSTS 4