High Court · 2025

Anil Kumar Kishe-n Puwala, S/o. Manmadh Kishen Age. 63 years, occ. Business, R/o. Plot No.418, Padmaja srinivasam, Road Nb.1g, opp Ramalayam, Jubilee Hills, Hyderabad-S00033. AND ...PETITIONER

1. state of Telangana, . R"p. .gy its .prr. Secretary, Stamps and Registration Department, Secretariat, Saifdbad, Hyderabad.

2. commission"r^rni,lnspector G.eneral, Stamps and Registration, Telangana, At ttI.J.fi4arket Road, Hyderabad. 3. District Registrar, Ranga Reddy District. 4. Sub-Registrar, Shamshabad, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to grant an order, direction or writ, more so in the nature of Mandamus (a) To dectare 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 g/3gr7 (properrv Tax Assessmenr r.ro.rslel ;,il;l=r'rr"" 500 sq. feet with Rcc roof arong with appurtenant rand, admeasuring 25g2sq. yards or 2123.76 sq. meters' in survey No.1gl3g situated at Ammapary virage, Narkhuda Gram Panchayat' shamshabad Mandar, Ranga Reddy District, Terangana state, as illegal' arbitrary and violative of nriicle 14 and300A of constitution of rndia and also in violation of Section T1 ofRegistration Act, 1g0g (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/t9/38i7 (Property Tax Assessment No'1583) with built-up area 500 sq' feet with RCC roof along with appurtenant land, admeasuting 2592 sq. yards or 2123.76 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. IA NO: 1 OF 202s 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'6-83/19i38i7 (Property Tax Assessment No'1583) with built-up area 500 sq feet with RCC roof along with appurtenant land' admeasuring 2592 sq' yards or 2123'76 sq' meters, in Survey No 19/38 situated at Ammapally Village' Narkhuda Gram panchayat, shamshabad Mandar, Ranga Reddy District, Terangana state' in favour of his son, in the interest of justice' pending disposal of the writ petition' Counsel for the Petitioner: SRI ROHIT POGULA counser for the Respondents: sMr ?;TtYil[XB'a RectsrR*ou 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.38733 OF 2O25 Date: 23.L2.2O25 Between: Anil Kumar Kishen Puwala AND .Petitioner The State of Telangana, Rep. by its Principal Secretary Stamps and Registration Department, Secretariat, Hya.r.U"a & three others ...Respondents ORDER: 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 is disposed of at the stage of admission itself. 2' Aggrieved by the action of the Respondent No.4 in to register the Gift Deed presented by the the property i.e., House lellsins Petitioner gifting 2 SK,J W.P.No.3E733 ol2025 - No.6-83/ 19l38l7 (Property Tax Assessment No.1583) with built-up area 50O square feet with RCC roof alcng with appurtenant land admeasuring 2592 square yarCs or 2123.76 square meters in Survey ttlo.19/38 situated at Ammapally Village, Narkhuda Gram Panchayat, Shamshabad Mandal, Ranga Reddy District, the petitioner filed the present \,wit petition. Learned Assistant Government Pleader for Stamps

3. 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' Therefore, learned 1908 (for short, the Act' 19081' Assistant Government Plead'er has requested this Court to pass aPProPriate orders' J SK,J W.P.No.38733 of 2o25

4. The Section 71 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 suL.-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 zt ofthe Act, 190g, this writ petition is disposed of directing the Registering Authority to receive, register and rerease the subject document, subject to the petitioner comprying with the provisions of the Act, 1g0g as werl as the Indian stamp Act' lggg' It wi' 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 W-P-No-38733 ot 2025 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 th.e 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// D/-A.V.S. PRASAD D PUTY REGISTRAR -"-( CTION OFFICER nt, Secretariat, StamPS and Registration' To, Stamps and Registration

1. The Prl. Secretary' of Telangana. , State Saifabad , Hyderabad and lnspector General 2. The Commissio ner arket Road, HYderaoao' J.M Telangana, At M 3. The District Registrar' Ranga Reddy District' 4.TheSub.Registrar,shamshabad,RangaReddyDistrict. 5. One CC to SRI ROHIT POGULA' Advocate [OPUCI . 7. Two CD CoPies ];rf"p"ft",3f"?,Ift5,rr.rsyss BSR & REGrsrRArroN' Hish court for the state HIGH COURT DATED: 23t12t202s ORDER WP.No.38733 of 2O2S rl HE SI4 0 7 JAl'| 2026 7 2: () () * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS +'