Disposed

Jilakara Yashoda v. The State of Telangana

Telangana HC8 Nov 2024WP/4752/2024

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the inaction of the 4th respondent in registering a gift deed. It directed the petitioner to submit the document with proper duties and execution. The registering authority was directed to consider the document and adhere to the Circular Memo dated 12.08.2024, rather than refusing it orally.

What did the court decide?

Petitioner directed to present the document for registration with proper duties and execution; Registering Authority directed to consider it pursuant to Circular Memo No.G3/9122/2024.

Jilakara Yashoda Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2024)

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[^32s5 ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 4752 OF 2024

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Between:

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Jilakara Yashoda, Wo. Govardhan, Aged about 56 years, Occ. House Wife, H.No.34, Ambala Village, Gundala Mandal, Nalgonda District - 508227.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat Buildings, Hyderabad, T.S.

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2 The Commissioner and lnspector General, Stamps and Registration Department, Ranga Reddy, Telangana.

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3 The District Registrar, Ranga Reddy District.

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4 The Sub- Registrar, Saroornagar, Ranga Reddy District.

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,..RESPONDENTS

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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 issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of 4threspondent in receive, register, release the Gift Settlement Deed presented by the petitioner in respect of all that the premises bearing House No.3-13-493 (PTIN No.1030304288), on Plot No.94 admeasuring 50 sq.yards or equivalent to 4'l .80 sq.mtrs., having plinth area of 200 sq.fts. of A.C.C., in Ward No.3, Block No.13, in survey No. 66/1 , situated at Mansoorabad Village, Saroornagar Revenue lVandal, Ranga Reddy District, Greater Hyderabad Municipal Corporation, illegal, arbitrary, unjust and unco nstitutional and against the principles of natural^justice and consequently direct the 4threspondent to receive, reg ister and release Gift Settlement Deed in respect of Plot No.94 admeasuring 50 sq.yards or equivalent

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to 41 .80 sq.mtrs., having plinth area of 200 sq.fts. of A.C.C., in Ward No.3, Block No.13, in survey No. 66/1 , situated at Mansoorabad Village, Saroornagar Revenue Mandal, Ranga Reddy District, Greater Hyderabad Muncipal Corporation.

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lA NO: 1 OF 2024

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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 Hlgh court may be pleased to direct the 4th respondent to receive, register and release the scheduled property presented by the petitioner in respect of all that the premises bearing House No.3-13-493 (PTIN No.'t0303042SS), on plot No.94 admeasuring 50 sq.yards or equivalent to 41 .80 sq.mtrs., having plinth area of 2OO sq.fts of A.C.C., in Ward No.3, Block No.1 3, in survey No. 66/1 , situated at Mansoorabad Viilage, Saroornagar Revenue Mandal, Ranga Reddy District, Greater Hyderabad Muncipal corporation, within the limits of L.B.Nagar for disposal of the above writ petition.

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Counsel for the Petitioner : SRI JANARDHAN GOUD SUNKARI

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counsel for the Respondents: ASST.GP FoR srAMps AND REGrsrRATroN The Court made the following: ORDER

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HONOURABLE^SRI JUSTICE^{N.V.SHRAVAN KUMAR} WRIT I'ETITIO N No.4752^{of 2024}

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ORDER:

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Heard learned counsel^{for thepetitioner andlearned} Assistant Government^{PleaderforStamps arld Registration} appearing for^{respondents. With their consent this writ petitionis} taken up for disposal^{at the stageof admission itself'}

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2 This Writ petition is^{filed seekingthe following prayer:-} "to declare^{the inactionof 4th respondentin receiue register} release the Gifi Settlement^{Deedpresentedbg the petitioner in} respect of crtl that^{the premisesbeoing House No'3-13-493} (PTIN No.1O30304288), on^{Plot No.94, admeosuing 50 sq} gard.s or equiualent to^{4i.80 sq.mtrs houingplintharea of 2OO} sq fis of ACC in^{Ward. No.3 Block No.13 in suruey No'66/ 1} situated at Mantsoorabad^{Viltage,SoroornagarReuenue} Mandal, RarLga Reddy^{Distict, GreaterHgderabadMuncipal} Corporation as^{iltegal arbitrary,uniustand unconstih'Ltional} and agairLst the^{principles of naturaljusticeand consequently} direct the^{4th respond'entto receiueregisterond relea^sesaid} documents. "

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trarned counsel for^{the petitioner submits that petitioneris} the absolute owner and^{possessorof schedule property acquired} through Patta certificate,^{vide proceedings No.cl1670196,allotted} by State Government,^{u11der G.O.Ms.No.508and the petitionernow} intends to gift the subject^{property in favour of her sons and} accordingly petitioner^{approachedthe RegisteringAuthorityto} register the gift deed,^{but the RegisteringAuthority are orally}

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*-=,1: I

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refusing to receive and process the subject property without assigning any reasons. Aggrieved by the same this writ petition is filed.

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Learned Assistant Government Pleader for Stamps and Registration has piaced written instructions of respondent No.4, which reads as under:-

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"l deng these allegatiorts, as I haue not refused to accept anA document presented for regbtration bg the exea.Ltants upon pagment of the requbite duties. It appears the Petitioner may haue been mbinfonned by others as she did not directlg approach me for registration.

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I submtt that I am a utare of the in-structions of the Commissioner and Inspector General [R&S/ in Memo No. G3/9122/2024 Dt.12.O8.2024 i.ssued in pursuance of the common orders in W.P.No.16836/ 2O24 and batch and shall dutifullg follort them if the petitioner presents the document for registration.

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It is requested that tLLese facts be consi-d-ered duing the heoing and that the Hon'ble High Court is kindly be reElested to direct the Petitioners to present the document for registration uith proper duties and execution by the Vendor of the petitioner, enabling the 2nd respondent to process it in accordance with the Registration Act, 1908, and its associated. rules. The issue of prohibition on the propertg uLill be examined at the time of processing the doatment. Copg of the prohibited list is submitted hereuith for fauour of kind perusal."

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Learned Assistant Government Pleader for Stamps and Registration submits that if the petitioner submit the subject document before the Registering Authorities the same would be considered and appropriate orders in will be passed in accordance with law.

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I I

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It is pertinent to note that^{the Commissionerand Inspector} General of Registration and^{Stamps, Telangana,Hyderabad has} issued Circular Memo No.G3l9l22l2024,^{dated 12.08'2024 stating} that, all the Sub-Registrars^{shall invariablyentertain the documents} and they shall, as expeditiously^{as possible preferablywithin a} period of one week, either register the^{document or pass refusal} order, in terms of the^{RegistrationAct, 19O8 and IndianStamp Act,} 1899 and communicate^{the same to the concerned parties;in no} case, the Sub-Registrars^{shall not refuse the documentsorally for} registration and it must be^{followedby a written refusal order'}

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In view of the above and^{withoutexpressing any opinionon} merits of the case, this writ^{petition is disposed of, with a libertyto} petitioner to approach the Registering^{Authority for registration of} subject document and thereafter^{the RegisteringAuthorityis} directed to consider the registerability^{of the subject documentand} foilow the Circular Memo No.G3/^{9L2212024,dated 12.08-2024 ar'd} pass appropriate orders in accordance with law.

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With the above directions this writ^{petitionis disposedo['} Miscellaneous applications, if any^{pending,shall stald closed.No} order as to costs.

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SD/. L.VIJAYA^LAXMI ASSISTANT^REGISTRAR //TRUE COPY// SECTION^OFFICER

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To, 1

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Registratio^n)' *:,:i:]ij?g;Ei,l3l1Bi53[?i1"',ffi^{Bii:t"f; Sistr?T:}

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2 TheCommissionerandlnspectorGeneral,stampsandRegistration Department,^{Ranga Reddy,Telangana'}

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j The District Reoistrar,^{Ranqa Reddy District'}

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The Sub- Registrar, Saroornagar, Ranga Reddy District.

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One CC to SRI JANARDHAN GOUD SUNKARI, Advocate. [OPUC]

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Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana. [OUT]

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Two CD Copies.

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$ PSK

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HIGH COURT

DATED:0811112024

ORDER

WP.No.4752 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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G)cf' 6n, 23T\L+

Jilakara Yashoda v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Jilakara Yashoda v. The State of Telangana

Case brief

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