High Court · 2025

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 grant an order, direction or writ, more so in the nature of Mandamus, (a) To declare the action of the 4th Respondent in refusing to register the Gift , Deed presented by the petitioner gifting the property i.e., House No.6- g3/1/0 (Property Tax Assessment No.1576) and House No. 6-83/19/3g 12 (properly Tax Assessnient No.1g24) with buirt-up area 11,493sq. feet with Ric roof arbng with appurtenant rand, admeasuring 1632 sq. yards or 1364.56 sq. meters, in survey No.19/38 situated at Ammapally Village, Narkhuda Gram panchayat, Shamshabad Mandal, Ranga Reddy District, Telangana State, as illegal, arbitrary and viorative of Articre 'r4 and 3004 of constitution of rndia and arso in violation of Section 71 of Registration Act, 1908, (b) consequently, to direct the 4th Respondent to receive, register and release the Gift Deed presented by the Petitioner gifting the property i'e'' House No.6-83/1/0 (Property Tax Assessment No.1576) and House No' 6-83/1913812 (Property Tax Assessment No.1924) with built-up area 11,493 sq' feet with RCC roof along with appurtenant land, admeasuring 1632 sq' yards or 1364'56 sq' meters, in survey No.19/38 situated at Ammapally Village, Narkhuda Gram Panchayat, shamshabad Mandal, Ranga Reddy District, Telangana state' in favour of his son lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit fited in support of the petition, the High court may be pleased to direct the 4th Respondent to receive, register and release the Gift Deed presented by the Petitioner gifting the property i.e., House No.6-83/1/0 (Property Tax Assessment No.1576) and House No. 6-83/1913812 (Property Tax Assessment No.1924) with built-up arca 11,493 sq' feet with RCC roof along with appurtenant land, admeasuring 1632 sq. yards or 1364'56 sq'meters in survey No.1gl3g situated at Ammapally Village, Narkhuda Gram Panchayat' Shamshabad Mandal, Ranga Reddy District, Telangana state, in favour of his son,intheinterestofjustice,pendingdisposalofthewritpetition'! Counsel for the Petitioner: SRI ROHIT POGULA Gounser for the Responde*'' i[l FaTtYtill$i, REGrsrRArroN The Court made the following: ORDER ) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION 0-38430 0F 2025 Date: 23.L2.2O25 Between: Anil Kumar Kishen Puwala ...Petitioner AND The State of Telangana, Rep. by its Principal Secreta4r, Stamps and Registration Department, Secretariat, Hyderabad & three others ...Respondents ORDER: Heard sri Rohit pogula, rearned counsel for the petitioner and smt. S.Sravanthi, learned Assistant Government pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission itself. 2. Aggrieved by the action of rla p^^_^,_ , on of the Respondent No.4 in refusing to register the Gift Deed presented by the Petitioner gifting the propert5r i.e., House No.6_g3 / L/O a 2 sK'J W.P.No.3843O of 2O2S (Property Tax Assessment No.1576) and House No.6- 831 19 138 /2 (Property Tax Assessment No. 1924) rvith built-up area LL,493 square feet with RCC roof along with appurteoo.frt land admeasuring i532 sqrrare yards or 1364.56 square rneters in Survey No. L9 138 situated at Ammapally Village, Narkhuda Gram Panchayat' Shamshabad Mandal, Ranga ReddY District, the petitioner filed the present writ petition'

3. Learned Assistant Government Pleader for Stamps submits that the Petitioner has and Registratron approached this Court seeking registration of the said document rn'ithout presenting it before the Registering Authority. If the petitioner presents the document before the Registering authority' the respbndents will receive the If there are any sarne and follow the Procedure objections, appropriate orders shall be passed as contemplated under Section 71 of the Registration Act' 1908 (for short' the Act' 190SJ' Therefore' learned Assistant Governmbnt Pleader has requested this Court to Pass aPpropriate orders' a \ \ 7 \ \ 3 sK,J W.P.No.3843O of 2O2S

4. The Section 7I 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 delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 7L of the Act, 1908, this writ petition 1S disposed of directing the Registering Authority to receive, register and release the subject I document, subject to the petitioner complyrng with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It \Mill 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 4 SK,J tr/.P.No.3843O of 2o25 t: decision and communicate the said decision to the petitioner. It is made clea-r that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the su.bject 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// D/-A.V.S. PRASAD TY REGISTRAR OFFICER rtment, Secretariat, To,

1. The Prl. Secretary, -Stampg- and Registration -lnspectol : General' Stamps and Registration' Siifabad, Hyderabad, State of Telangana' 2. The Commissioner and '' i"i"ng'*r, Ai wt.l.ruarket Road, Hyderabad' 3. The District Registrar, Ranga Reddy District' 4. The Sub-Registrar, Shamshabad, Ranga Reddy District' 5. One CC to SRI ROHIT POGULA, Advocate [OPUC] 6. Two ccs to GP FOR STAt\4f9.& REGISTRATIoN, High court for the state q of fefangana at HYderabad [OUT]

7. Two CD CoPies BSR I \ \ HIGH COURT DATED i 2311212025 ) S t o 0t JAll ?c26 (,.;, * -: ' '' .i' i-r, r -..-..;-'.'-:: ., - E WP.No.38430 of 2025 \ \ I n DTSPOSING OF THE WRIT PETITION WITHOUT COSTS , p }