Abdul Raheem, v. The State Of Telangana,

[ 3256 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 45911 OF 2022 Between:

about 60 years, Occ Kothapet, Ranga Reddy Abdul Raheem,, S/o Retd.Employee, R/o District.

Abdul Rasheed, Aged H.No.6-38/ 1, Errakunta, ...PETITIONER AND

1. THE STATE OF TELANGANA,, Rep by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabqd

2. THE DISTRICT REGISTRAR,, Hyderabad District, at Hyderabad

3. THE SUB REGISTRAR,, Azampura, Hyderabad ...REspoNDENrs Petition under Ailicle 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 more particularly one in the nature of writ of mandamus declaring action of the Respondent No.3 in refusing to receive, register and release the Gift Deeds, Both Dated 14.11.2022 pr'esented by the Petitioner in respect of (1) Portion of House bearing Municipal No.16-2-141/A, admeasuring 3866.56 sq.yds or 3232.91 sq.mts out of 7733.13 sq.yds in T.S.No.16, Block-|, Ward 176 (Part of Old Sy.No.138),situated at Malakpet, Hyderabad (2) Portion of House bearing Municipal No.16-2-141/A, admeasuring 3866.56 sq.yds or 3232.91 sq.mts out of 7733. 13 sq.yds in T.S.No.

16, Block-|, Ward 176 (Part of Old Sy. No.138),situated at Malakpet, Hyderabad without assigning any reasons is arbitrary, illegal and also in violation of procedure laid down under law and consequently direct the Respondents to receive the document presented by the Petitioner in respect of above said property and register the document and release the same in accordance with law lA NO: 1 OF 2022 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 .-id.r.

-r-*--*:>- +

t.

DIRECT the Respondent No.3 to receive, register the Gift Deeds, Both Dated respect of (1) Portion of House bearing Municipal No.16-2-141/A, admeasuring 3866.56 sq.yds or 3232.91 sq.mts out of Ward: 176 (Part of Old Sy.No.1 38), situated 7733.13 sq.yds in T.S.No.16, Block-|, at Malakpet, Hyderabad (2) Portion of admeasuring 3866.56 sq.yds or 3232.91 House bearing Municipal No .16-2141lA, sq.mts out of 7733.13 sq.yds in T.S.No.16, Block-1, Ward: 176 (Part of Old Sy.No.138), release the same in accordance with law which this Hon'ble Court deems fit and situated at Malakpet, Hyderabad thereby Counsel for the Petitioner: SRI G. RAJESHWAR REDDY Counsel for Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION N0.45911 0F 2022 ORDER:

This Writ Petition is filed seeking a Writ of Mandamus to declare action of respondent No.3 in refusing to receive, register and release the Gift Deeds both dated 14.11.2022 presented by the petitioner in respect of (1) portion of house bearing Municipal No.l6-2-l4IlA, admeasuring 3866.56 Sq. Yds or 3232.91 Sq. Mts out of 7733.13 Sq. Yds in T.S.No. 16, Block-I, Ward:176 (Part of O1d Sy.No. 138), situated at Maiakpet, Hyderabad and (21 portion of house bearing Municipal No.I6-2-l4IlA, admeasuring 3866.56 Sq. Yds or 3232.91 Sq. Mts out of 7733.13 Sq. Yds in T.S.No.16, Block-I, Ward:176 (Part of Old Sy.No. 138), situated at Malakpet, Hyderabad, as illegal and arbitrary.

2.

It is the specihc contention of the learned counsel for the petitioner that respondent No.3 is refusing to receive the subject document for registration on the ground that the link document referred to in the Gift Deeds, both dated 14.11.2022, is a validated document, but not a registered document.

MSK,J w_4s911 _2022 3.

In the recent Judgment, in the case of P.Bala Bhaskar Reddy v. State of Telanganal this Court has considered the similar aspect as to whether the Registering Authorities are entitled or empowered to refuse registration of a document on the ground that the link document referred to therein is a validated document, but not a registered document and held as under: - 'In the light of the above, this Court is unhesitant to hold that the respondent registering authorities are not entitled to refuse registration of d document on the ground that the link document referred to in the respective document is a validated document or to refuse registration of such document by placing reliance on endorsement, dated 02.01.2008, issued by the Commissioner and Inspe<rtor General of Stamps and Registration.

Accordingly, the impugned orders in the respective Writ Petitions are set aside and Writ Petitions are allowed with a further direction to the respondenl registering authorities to receive the returned documents and to process the same subject to the condition of the said documents complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.' 4.

In the light of the Judgment referred to above, the Writ Petition is disposed of directing respondent No.3 to receive the Gift Deeds both dated l4.ll .2022, in respect of (1) portion of house bearing Municipal No.16-2-141 lA, admeasuring 3866.56 Sq. Yds or 3232.91 Sq. Mts out of 7733.13 Sq. Yds in T.S.No.16, Block-I, Ward:176 (Part of Old Sy.No. 138), situated at Malakpet, Hyderabad and (21 portion of house bearing Municipal No.16-2-141/A, admeasuring 3866.56 Sq. Yds or 3232.91 Sq. 1W.P.Nos.l6310 oI20l9 and batch

MSK,J wp 459 | I _2022 Mts out of 7733.13 Sq. Yds in T.S.No.16, Block-I, Ward:176 (Part of Old Sy.No. 138), situated at Malakpet, Hyderabad and process the same without reference to the fact that the link document referred to therein is a validated document and complete the process subject to the said document complying with the other legal requirements including the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, within a period of four (04) weeks from the date of presentation of such document by the petitioner.

5.

Accordingly, the Writ Petition is disposed of. No costs. 6.

As a sequel, miscellaneous petitions, pending if any in this Writ Petition, shall stand closed.

SD/-A.V,S. PRASAD ASSTSTANT REGtSTgAR ,/ b./ sEcTIoN6FFIcER To, \ ,TRUE COPYi/ The Sqb Re-gistr{,, Azampura, Hyderabad 9n" q9 to Sri G Rajeshwar Reddy Advocate tOpUCl I wo uus ro Gp t-or Stamos And Registration,High Court for the State of Telanqana. IOUTI Two CID Copies ,v-'

4.

MBC LS

HIGH COURT DATED: 1110112023 T4 )'e /- )\ i\,.

,J -2 !t FiB _t+ C+.-Prll aH ER WP.No.45911 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS / ry>