Smt. Fakhriumisa Begum v. The State Of Telangana
[ 3301 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX @ PRESENT €, THE HONOURABLE SRI JUSTICE PULLA KARTHIK Between:
Smt. Fakhriumisa Begum, Wo S.G.Ghouse Mohiuddin, Aged about 75 years, Plot No. 346, Road No. 77, Jubilee Hills Hyderabad. Represented by Barkat Ali Khan S/o Liyakat Ali Khan Aged about 37 years, Occ. Private employee R/o H.No. 16-6-425, Osmanpura, NoorkhanBazar Hyderabad -500 024. ...PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registrations) Department Dr. B.R. Ambedkar Secretariat, Hyderabad.
2. The Commissioner and lnspector General Stamps and Registrations, Registration Bhavan, 5-3-953, 4th Floor, Nizamshahi Road, Osmangunj, Mojamjahi Market, Hyderabad.
3. The District Registrar, Moosapet / Kukatpally, FCHG plus 85P. Prashanti Nagar IDA Kukataplly, Hyderabad.
4. The Sub-Registrar, Stamps and Registrations Moosapet, Medchal-Malkajgiri District.
...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stiated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS-declaring the action of the respondents in not validating the document of declaration of past oral gift dated 121712006 in respect of open Plot bearing No. 26 admeasuring 333.00 Sq.yards in Sy.No. 87, situated at Serilingampally village and Mandal, and Municipality, Ranga Reddy district is illegal, arbitrary, contrary to law
and violation of Registration Act, 1908 and consequently direct the 3rd respondent to validate the document of declaration of past oral gift dated 12n2OO6. Petition under Section 15'1 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 Respondents 3 to validate the document of declaration of past oral gift dated o:1 121712006 in respect of open Plot bearing No. 26 admeasuring 333.00 Sq.yards in Sy.No. 87, situated at Serilingampally village and Mandal, and Municipality, Ranga Reddy district forthwith pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI MIRZA AZMATH ALI BAIG Counsel for the Respondents: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HON'BLE SRI JUSTICE PULLA I(ARTHIK WRIT PETITION No.14086 OF 2026 4rH MAY, 2026 Between:
Smt.Fakhrunisa Begum .. . Petitioner AND State of Telangana, rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat buildings, Hyderabad, and (3) others.
... Respondents ORDER:
With the consent of both the parties, tkris Writ Petition is taken up for disposal at the admission stage itself 2.
This writ petition is filed seeking to declare the action of the respondents in not validating the document of declaration of past oral gift dated 12.7.2006 in respect of open plot bearing No.26 admeasuring 333.0O sq.yardsd in Sy.No.87 situated at Serilingampalli village and Mandal, Ranga Reddy district as arbitrary and illegal.
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3.
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents and perused the record'
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The learned counsel for the petitioner submits that the petitioner is the owner of the plot bearing No.26 admeasuring 333 sq.yards in Sy.No.B7 situated at Serilingampaly village and Mandal and Municipality, Ranga Reddy district by virtue of registered sale deed bearing Document No.78O0 l2OO1 dated 3.10.2000 registered at the office of Sub-Registrar, Ranga Reddy district. Thereafter, petitioner made a past oral gift in favour of her son namely Syed Nayeemuddin Siddeek and the sa.me was reduced into writing on 12.7.2006 and delivered possession of the said property in his favour. Subsequently, the petitioner approached the respondent No.3 for the purpose of receiving and validating the declaration of past oral gift deed dated 12.7.2006, but the respondent No.3 refused to receiv3e the same without assigning any reasons. Thereafter, petitioner approached the respondent No.3 vide representation dated 8.4.2026 seeking validation of past oral gift deed dated 12.7.2006, but there is no response. Therefore, petitioner seeks indulgence of this Court to direct the respondent No.3 to
consider the representation submitted by the petitioner on 8.4.2026 for impounding and validation of the document strictly in terms of Circular instructions vide Memo No.G I I 12860 /JOOA dated 27 .1.2009, within a stipulated period of time.
5.
The learned Assistant Government Pleader submits that the respondent No.3 will take appropriate action for impounding of the past oral gift deed dated 12.7.2006 in terms of Circular instructions vide Memo No.Gll12860l2OOB dated 27 .t.2009.
6.
Having regard to the submissions made by the respective parties and on perusal of the record, this Court is of the view that the action of the respondent No.3 is in contravention to the Circular instructions vide Memo No..G | / 12860 I2OOB dated 27.1.2OO9. In'this regard, it is relevant to note the instructions issued in the said Memo, which reads as under: I\ "Validations U/s.33, 40 and 42 Instructions: C&lG Memo No.S 1 I 12860 I 08 /922 I 09 dated 2t .3.2OO9: In supersession of the orders issued in the matter through mails dated 2L.1.2OO8, 25.2.2OO8 and 4.9.2008 and in modification of orders given through GIl12860l2OO8 dated 27.L.2OO9, the following clarification is given.
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'\-- -- -r - All the District Registrars are requested to verify the genuineness of the execution of the documents through enquiry and satisfy themselves duly recording the reasons for request by the parties for the validation of documents. If necessaqr, indemnity bond may also be obtained from the applicants before validation, indemnifying the aggrieved parties due to any fraud, supersession/misstatement of facts, if any, done by the applicants.
In the following cases, the District Registrars are cautioned'not to entertain validation of documents on their own, without courts directions, as there may be legal complications".
7. In view of the above, the writ petition is disposed of, directing the respondent No.3 to take appropriate action on the representation submitted by the petitioner on 8.4.2026 for impounding and validation of past oral gift deed dated 12.7.2006 strictly in terms of Circular instructions vide Memo No.G I I 12860 l2OO8 dated 27 .l .2OO9, AS expeditiously AS possible, preferably within a period of four weeks from the date of receipt of a copy of this order. Miscellaneous petitions, if &fly, pending shall stand closed. There shall be no order as to costs Sd/.K.BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue (Stamps and Registrations) Department Dr. B.R. Ambedkar Secretariat, Hyderabad.
2. The Commissioner and lndpector General Stamps and Registrations, Registration Bhavan, 5-3-953, 4th Floor, Nizamshahi Road, Osmangunj, Mojamjahi Market, Hyderabad.
3. The District Registrar, Moosapet / Kukatpally, FCHG plus 85P. Prashanti Nagar IDA Kukataplly, Hyderabad.
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4. Tffi Sub-Rqgistrar, Stamps and Registrations Moosapet, Medchal-Malkajgiri Diffiict. Ilr
5. One CC to SRI MIRZA AZMATH ALI BAlc, Advocate IOPUC]
6. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Telangana, at Hyderabad IOUTI 7i'Two'cD Copies / \ , .PMK
CC TODAY HIGH COURT DATED: 04/0512026 \ \ t( 'pr .IHE S Y ,a*'.. iL'
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ORDER
WP.No.14086 of 2026 * DISPOSING OF THE WRIT PETITION WITHOUT COSTS o