Anil Kumar Kishen Puwala v. also in violation of Section 71 of Registration Act

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 4th Respondent to receive, register and release the Gift Deed presented by the Petitioner gifting the property i.e., House No.6-83/19/38/4 (Property Tax Assessment No.1580) with built-up area 500 sq. feet with RCC roof along with appurtenant land, admeasuring 2840 sq. yards or 2382.92 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, in the interest of justice, pending disposal of the writ petition. Counsel for the Petitioner: SRI ROHIT POGULA Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION 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 No.38739 oF 2025 Date: 23.L2.2O25, tsetween: Anil Kumar Kishen Puwala ...Petitioner AND The State of Telangana, Rep. by its Principal Secretar5r, Stamps and Registration Department, Secretariat, Hyderabad & three others ORDER: ...Respondents Heard Sri Rohit Pogula, learned 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 1S disposed of at the stage of admission itself.

2. Aggrieved by the action of the Respondent No.4 in refusing to register the Gift Deed presented by the Petitioner gifting the property i.e., House 2 SK,J W.P.No.38739 of 2o25 No.6-83 / L9 / 38 / 4 (Property Tax Assessment No. 1580) with built-up area 50O square feet with RCC roof along witkr appurtenant land admeasuring 2840 square yarcls or 2382.92 souare meters in Survey No. L9138 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 and Registration submits that the petitioner has approached this Court seeking registration of the said document without presenting it before the Registering Authority. If the petitioner presents the document before the Registering authority, the respondents will receive the sarne and follow the procedure. If there are any objections, appropriate orders shall be passed AS contemplated under Section 71 of the Registration Act, 1908 (for short, the Act, 1908). Therefore, learned Assistant Government Pleader has requested this Court to pass appropriatelorders. 3 SK,J W.P.No.38739 of 2025

4. The SectionT l 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 71 of the Act, 19O8, 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 assigning reasons in support of such 4 SK,J IV.P.No.38739 of 2O2S decision and communicate the said decision to the petitioner. tt is made clear that this Court has not expressed any opinion on merits of the case as to the entitlemerrt of the oetitioner to get the subject document registered. There shall be no order as to costs.

6. Misceltaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/-A.V.S. PRASAD PUTY REGISTRAR S OFFICER To,

1. The Prl. Secretary, Stamps-and Reg siitaoao, Hyderabah, State of Telangana' 2. The commissioner and lnspector General, Stamps and Registration' f i.irn#;, Ai N,t-.i.Market Road, Hvderabad' : rtment, Secretariat,

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.TwoCCstoGPFoRSTAM?S-&REG|STRATIoN,HighCourtfortheState of Telangana at HYderabad IOUTI

7. Two CD CoPies BSR HIGH COURT DATED: 2gt12t2)2l ORDER WP.No.38739 of 2O2S {HE S c \, O 0 7 JA,l )d?E 7 Z. t',) * -'ir,.. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS