Syed Jaibunnisa Vs the State of Andhra Pradesh

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APHC010234602025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 11832 OF 2025

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Between:

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Syed Jaibunnisa, W/o. Syed Nagul Meera, Aged 62 years,^{OccHousewife,} R/o Door No.92-10, Sriram Nagar Main Road, A.T Agraharam^{Guntur,District} Guntur.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department (Stamps and Registration), Government of Andhra Pradesh, Secretariat, Velagapudi,^Amaravati.

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The District Collector, Guntur District.

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The Inspector General of Stamps and Registration,^{AndhraPradesh,} Vijayawada.

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The District Registrar, Stamps and Registration,^{GunturDistrict.}

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The Sub-Registrar, Stamps and Registration, Nallapadu.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare action of the Respondent in orally demanding registered link document for registration of the gift deed dated

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01/02/2024 presented by the Petitioner as illegal, arbitrary, contrary to the judgement of Hon'ble Supreme Court passed in Civil Appeal No.3954 of 2025 and unconstitutional and consequently direct the 5th Respondent to receive, register and release the documents presented by the Petitioner pertaining to land admeasuring 534 square yards in D.No. 167 in Ankireddypalem Village, Guntur Urban Mandal, Guntur district which is within the limits of Guntur Municipal Corporation.

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lA NO: 1 OF 2025

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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 5'^ Respondent to receive, register and release the Gift deed or any other document presented by the Petitioner pertaining to land admeasuring 534 square yards in D.No. 167 in Ankireddypalem Village, Guntur Urban Mandal, Guntur district which is within the limits of Guntur Municipal Corporation in terms of the ratio laid down by Hon'ble Supreme Court passed in Civil Appeal No.3954 of 2025.

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Counsel for the Petitioner: SRI DHANUNJAYA BARU

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Counsel for the Respondent Nos.1 to 5: GP FOR STAMPS AND

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REGISTRATION

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The Court made the following order:

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APHC010234602025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3331]

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THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 11832/2025

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Between:

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1.SYED JAIBUNNISA, W/0 SYED NAGUL MEERA, AGED 62 YEARS, OCC HOUSEWIFE, R/0 DOOR NO.92-10, SRIRAM NAGAR MAIN ROAD, AT AGRAHARAM GUNTUR, DISTRICT GUNTUR.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT (STAMPS AND REGISTRATION) GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, AMARAVATI.

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2.THE DISTRICT COLLECTOR, GUNTUR DISTRICT.

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3.THE INSPECTOR GENERAL OF STAMPS AND REGISTRATION ANDHRA PRADESH, VIJAYAWADA.

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4.THE DISTRICT REGISTRAR, STAMPS AND REGISTRATION GUNTUR DISTRICT.

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5.THE SUBREGISTRAR, STAMPS AND REGISTRATION NALLAPADU.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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Page 2 of 5

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Sf W.P.No.11832of20^

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pleased tomay be pleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare action of the 5th Respondent in orally demanding registered link document for registration of the gift deed dated 01/02/2024 presented by the Petitioner as illegal, arbitrary, contrary to the judgment of Hon'ble Supreme Court passed in Civil Appeal No.3954 of 2025 and unconstitutional and consequently direct the 5th Respondent to receive, register and release the documents presented by the Petitioner pertaining to land admeasuring 534 square yards in D.No. 167 in Ankireddypalem Village, Guntur Urban Mandal, Guntur district which is within the limits of Guntur Municipal Corporation and be pleased to pass such 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 may be pleased to direct the 5th Respondent to receive, register and release the Gift deed or any other document presented by the Petitioner pertaining to land admeasuring 534 square yards in D.No. 167 in Ankireddypalem Village, Guntur Urban Mandal, Guntur district which is within the limits of Guntur Municipal Corporation in terms of the ratio laid down by Hon'ble Supreme Court passed in Civil Appeal No.3954 of 2025 and be pleased to pass such Counsel for the Petitioner:

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1.DHANUNJAYABARU

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Counsel for the Respondent(S):

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1.GP FOR REGISTRATION AND STAMPS

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The Court made the following:

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:: ORDER ::

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Heard learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Stamps and Registration for respondents 1 to 5. 2. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of land admeasuring 534 square yards situated in

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Page 3 of 5

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SRS,J W.P.No.11832of2025

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survey/D.No.167, in Ankireddypalem Village, Guntur Urban Mandal, Guntur District, within the limits of Guntur Municipal Corporation, having purchased the same under an unregistered sale deed dated 07.10.1994. The petitioner executed a gift deed dated 01.02.2025 in favour of Syed Mahaboob Basha, in respect of the subject property. The document was presented before respondent No.5 for registration. The authority, without receiving it, directed the petitioner to produce the link document. Learned counsel would submit that the Sub-Registrar cannot insist the applicant for production of the link document at the time of presentation of a document for registration. Such a course adopted by the Sub-Registrar is contrary to the judgment dated 07.04.2025 rendered by the Hon’ble Apex Court in Civil Appeal No.3954 df 2025 (2025 INSC 462) (K. Gopi v. The Sub-Registrar and Ors.). 3. Learned Assistant Government Pleader for Stamps and Registration , on instructions, would submit that the petitioner, without presenting any document before the registering authority, approached this Court with baseless allegations. 4. It is not out of place to mention here that whenever a document is presented before the registering authority, the authority is bound to receive and process it, unless a restraint order is passed by a competent Court or the property is included in the list of prohibited properties under Section 22A of the Registration Act. In case of any restraint order, the registering authority shall pass a speaking order under Section 71 of the Registration^Act.

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Given the above submissions, without going into the disputed question of fact regarding presentation of the document by the petitioner, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the petitioner to present the gift deed, dated 01.02.2024 executed by the petitioner in favour of Syed Mahaboob Basha in respect of the subject land. Upon presentation of the said document, learned

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SRS.J W.P.No. 11832 of 2025

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respondent No.5, keeping in view the judgment, dated 07.04.2025, in Civil Appeal No.3954 of 2025 (2025 INSC 462) (K. Gopi v. The Sub-Registrar and Ors.), shall receive and process the same subject to the petitioner fulfilling the conditions required under the Indian Stamp Act, 1899 and the Registration Act, 1908. No costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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Sd/- M. SRINIVAS ASSISTANT REGISTRAR

//TRUE COPY//

SECTION DFFiCER

To,

The Principal Secretary to Government, Revenue Department (Stamps and Registration), Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati.

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