Sri Divaj M. Sanghi v. 1- State of Telangana

...,.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 pass an Order, Direction or Writ and more particularly one in the nature of Writ of Mandamus declaring action of the respondent No.3 of refusing to receive and register gift deed dated 14-12-2025 executed by his grandfather and another in respect of Unit No.2, a portion of the property bearing municipal Nos.22-6-694, 22-6-695 and 22-6-638, (PTl Nos.1042209224 and 1042210110) situated at Pan.iesha, Hyderabad, admeasuring 205.00 square yards, along with 200 square feet of constructed area, without giving any reason and vaguely stating that it is under prohibition on account of the government making claim over it, in spite of the petitioner submitting the order dated 06-06-2024 passed in W.P.No.1324512022 by this Hon'ble Court, as illegal, arbitrary, high handed, unreasonable, contrary to law, principles of natural justice and the Constitution of lndia and consequently direct the respondent No.3 to receive, admit, register and return to the petitioner the said gift deed without taking : ny objection as per challan No.606 MNP141225, in the interest of justice. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the cir ;umstances stated in the affidavit filed in support of the petition, the High court me y be pleased to pass an order directing the respondent No.3 to receive, admit, r rgister and return to the petitioner the gift deed dated 14-12-2025 execuled b7 his grandfather and another in respect of Unit No.2, a portion of the proper y bearing municipal Nos.22-6-694, 22-6-695 and 22-6-638, (PTl Nos.1042205: '4 and 1O42210'l1O) situated at Panlesha, Hyderabad, admeasuring 205 square rards along with 200 square feet of constructed area, as per challan No.606 N NP141225' pending disposal of writ petition, in the interest of justice. Counsel for the Petitioner : SRI SHYAM S.AGRAWAL Counsel forthe Respondents:AGP FOR REVENUE 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 PETIT ON No.4O 220 0F 2ol2s Date:3L.72.2025 I Between: Sri Divaj M.Sanghi ...Petitioner AND The State of Telangana, Rep. by its principal Secretar5r, Stamps and Registration Department, Secretariat, Hyderabad & two others ORDER: ...Respondents Heard Sri Shyam S.Agrawal, learned Counsel for the petitioner and Smt. S.Sravalthi, 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.3 in refusing to receive and register Gift Deed dated 2 SK,J W.P.No lO22O of 2025 L4.I2.2O25 executed by his grandfather ar d another in respect of Unit No.2 a portion of the prol rert5z bearing Municipal Nos.22-6-694, 22-6-695 and '.2 2- 6 638 (Frrr Nos.1042209224 and lO422lOI1O) situaterl at Panjesha, Hyderabad, admeasuring 2O5.OO square 7ards, along with 200 square feet of constructed area, ',r ithout giving any reason and vaguely stating that .t is under prohibition on account of the Government r eaking claim over it, in spite of the petitioner submitti rg the order dated 06.06.2024 passed in W.P.No.13245l 2022 by this Court, the petitioner filed the present wri'. petition and requested to direct the respondent No.3 to rt ceive, admit, register and return to the petitioner the se id Gift Deed without taking arry objection as t er Challan No.6O6MMPl41225.

3. Learned Assistant Government Pleade: for Stamps and Registration submits that the resp, rndents will receive the document presented by the pr titioner vide Transaction No.AZLN250OO297 dated 2O. 1t>.2025 as per SK,J W.P.No.4O22O of 2025 Challan No.6O6MMPL4I225 and process the same or follow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908') for rejecting the same.

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 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 proyision under Section 71 of the Act, 1908, this writ petition 1S disposed of directing the Registering Authority to receive, register and release the subject , I \ \ f To SA \ 4 sK,J - W.P.No 4O22O of 2025 document presented by the petitioner vic.r Transaction No.AZLN25OOO297 dated 20.12.2025 as per Challan No.606MMP141225 in respect of the sutr. ect property, subject to the petitioner comp\ring with th,: provisions of the Act, 1908 as well as the Indial Stamp Act, 1899. It will be open to the Registering Authority o refuse the document presented before him, if he has z ny objection, by duly assigning reasons in support of s uch decision and communicate the said decision to the p, rtitioner. It is made clear that this Court has not express€( any opinion on merits of the case as to the entitl: nent of the petitioner to get the subject document regis _ered. There shall be no order as to costs.

6. Miscellaneous Petitions, if any, pendin 3 in this writ petition shall stand closed. //TRUE COPY// SD/. C.DEEPIKA IJ STANT REGISTRAR 4s \se CTION OFFICER

1. The Principal Secretary, StamP s and Registratibn epe r ment Secretariat, State of Telangana at HYderabad. The District Registrar Hyderabad district, The Sub-Registrar, Charminar, Hydera bad. Two CCs to GP FOR REVENUE, High Court for the St r e of Telangana at Hyderabad. [OUT] , Hyrl rrabad Red Hili! 2 2 4 s. O-ne CC to SRI SHYATV S.AGRAWAL, Advocate [OPU: I 6. Two CD CoPies HIGH COURT DATED:31 11212025 ORDER WP.No.40220 of 2025 ':r i ilt7 c () o ?1itr2tt28 * 1-,:lt I,,i 1-:. i I DISPOSING OF THE W.P WITHOUT COSTS. il. er\