The High Court · 2025

Judgment

4. state .of relangana, Department, Secretariat, Saifdbad, Hyderabad. . B"p. .Py its .Prl. secretary, stamps and Registration Commissioner and.lnspector G.eneral, Stamps and Registration, Telangana, At M.J.Market Road, Hyderabad District'Registrar, Ranga Reddy District. 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 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 Petitionergifting the property i.e., House No.6-83/19/3g/6 (Property Tax Assessment No.1582) with built-up area 500 sq. feet with RCC roof along with appurtenant land, admeasuring 2632 sq. yards or 22og.O4 sq. meters, in Survey No.19/38 situated at Ammapalty Village, Narkhuda Gram Panchayat, Shamshabad Mandal, Ranga Reddy District, Telangana State, as itlegal, arbitrary and violative of Article 14 and 30OA of Constitution of lndia and also in violation of Section 71 of Registration Act, 190g. +E i I (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.6-83/19/38/6 (Property Tax Assessment No.1582) with built-up area 500 sq. feet with RCC roof along with appurtenant land, admeasuring 2632 sq. yards or

2209.O4 sq. meters, in Suryey 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 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.6-83/19/38/6 (Property Tax Assessment No.1582) with buitt-up area 500 sq. feet with RCC roof along with appurtenant land, admeasuring 2632 sq. yards or 22O9.04 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 !1, .1-. IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH IIIRIT PETITION No. 3873 oF 20.25, 7 Date: 23.L2.2O25 Between: 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 is 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.38737 of 2O2S t. No.6-83 / 19 I 38 / 6 (Property Tax Assessment No. 1 Sg2) with built-up area 5oo square feet with RCC roof arong with appurtenant land adi-neasuring 2632 squa-re yartls or 22o9.o4 square meters in surve}, No. 19/38 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 authorit5r, the respondents will receive the sarne and follow the , procedure. If there are any objections, appropriate orders shall be passed as contemplated under Section 7 L of the Registration Act, 1908 (for short, the Act, 19O8J. Therefore, learned Assistant Government Pleader has requested this court to pass appropriatel orders. \ \ 3 SK,J W.P.No.38737 of 2O2S The SectsonT l of the Act, 1908, reads as follows:

4. 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 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 .--__--=r 4 sK,J W.P.l{o.38737 of 2O2S r'l 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 entitleme;rt of the petitioner to get the 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// To, 1 The Prl Saifabad Secretary, , Hyderabad, Stamps and State of Telangana. SD/-C. DEEPIKA REGISTRAR OFFICER Secretariat,

2. The Commissioner and lnspector General, Telangana, At M.J.Market 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 IOPUC] 6. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State and Registration, of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR LS \ tL HIGH COURT DATED | 2311212A25 ORDER eQ ir.i) tJ- \ \ 1 =$ s(b \ WP.No.38737 of 2025 //l'4 zb DISPOSING OF THE WRIT PETITION , WITHOUT COSTS 1o (" w