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High Court for State of TelanganaWP/30159/2016disposed of no costs

Y.Seshamamba v. The State Of Telangana

2016-10-13A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.30159 OF 2016 ORDER:

The case of the petitioner is that the Government, under the provision of the Urban Land Ceiling Act, 1976, while taking possession of the excess land of an extent of of 209.35 sq.mtrs. in Plot No.111, Survey No.128/1 situated at Yousufguda Village, Khairatabad Mandal, Hyderabad District which was under the occupation of the third party, has allotted the same to the petitioner and directed the authorities to incorporate the name of the petitioner in Revenue, Registration and survey records. Subsequently, when the petitioner presented gift deed bequeathing the subject property in favour of her son, before the 4th respondent, the 4th respondent refused to entertain the same on the ground that the subject plot is not shown in the records in the name of the petitioner. Aggrieved by the same present writ petition is filed.

Though prayer is made declaring the action of the respondents in not entering the name of the petitioner in the revenue records as illegal, learned counsel for the petitioner sought direction to the 4th respondent to receive and register the gift deed presented by the petitioner.

Heard learned Assistant Government Pleader for Revenue.

Since it is stated that the petitioner was allotted the subject land by the Government by virtue of G.O.Ms.No.443, dated 14.05.2010, and in view of the above facts and circumstances, the 4th respondent is directed to receive the gift settlement deed dated 23.06.2016 executed by the petitioner in favour of her son and register if the same is in order as per the provisions of the Stamps and Registration Act and the Rules made there under. If he wants to refuse the registration, he shall record reasons and communicate the same to the petitioner as per the provisions of the Stamps and Registration Act.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 13.10.2016 tk