Aleti Mamatha Vs The State of Telangana

Petition Under Article 226 of the Constitutlon^{of lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith,the High Court may be} pleased to issue an appropriate order or direction^{more parlicularlyone in the} nature of writ of Mandamus, considering^{Non rbgistrationandreleasingthe Gift} deed, by respondent No.2 to the^{writ Petition Presented by Vide application No'} 250027117, Dated 07t\4l 2025,^as of^{Uncalled, arbitrary and in abrogation of} article 300 A of constitution of^{lndia, consequentially direct respondentNo.2 to the} writ Petition, to register and^{releaseGift deed Vide application No. 250027117,} Daled 0710412025.

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|.A.NO:1 OF 2025

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Petition Under Section 151 cPC^{praying that in the circumstances statedin} the affidavit filed in support^{of the petition,the High courtmay be pleased to call} for the status report, of the^{Gift deed,Presentedby Vide applicationNo'}

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250027117, Dated 07l04l 2025 Presented for the regist.ation, with respondent No.2

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Counsel for the Petitioner : SRt M.RATHAN SINGH

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Counsel for the Respondents : AGP FOR REVENUE

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The Court at the stage of admission \de the following ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.14347 of 2025

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ORDER:

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Heard learned "orr.t""l t r the petitioner and^learned Assistant Government Pleader for Stamps^{and Registration} appearing for the respondents. With their^{consent, this writ} petition is disposed of at the stage of admission.

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Aggrieved by the action of the^{respondent No.2 herein} in not registering ald releasing the Gift^{Deed presented vide} Application No.25OO27ll7 , dated^{07 .O4.2025, the} petitioner hled the present writ petition.

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Learned Assistant Government^{Pleaderl for Starnps} and Registration submits that^{w'ithoutpresentingthe} document, the petitioner has^{approached this Court} seeking registration of the document.^{If the petitioner} presents the same before the Registering^{authority, the} respondents will receive the same^{and followthe procedure} as contemplated under Section^{71 of the Registration Act,}

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l90B (for short, the Act, 1908')'

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sI<, J W.P.No.1434Z of 2O2S

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4 The Section 71 of the Act, 1908, read:; as follorvs:

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Reasons for refusal to register to be reco-ded._-

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(1) Every Sub-Registrar refusing to register a ,locument, except on the ground that thr:: property to ,.vhich it relates is not situated with Ln his sub<listrict shall make an\rder of refusal a ird recorded his reasons for such order in his Bool,: No.2 , and e ndorse the words "registration refus:;d,, on the document; and, on application made by any person executing or claiming under thc docurnent, shali, ra,ithout payment ald unnecessary delay, give him a c,lpy of the reasons so recorded.

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(21) No registering officer shall accepI for registration. a document so endorsed unless and until under the provisions hereinafter contained, the dc c ument is directed to be registered.

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In view of the above made submissions cor-rplecl w.ith the provision under Section 71 of the Act, t9Og, this writ petition is disposed of directing the Registeri,rg Author:ity to receive, register and release the subject docr.rment, subject to the petitioner compl5ring with the provisicrns of the Act, 1908 as well as the Indian Stamp Act, 1g99. It wilt be open to the Registering Authority to refuse the document presented^.before him, if he has any objec:ion, by duly

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sr(, J W.P,No.14347 of 2025

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asslgnrng reasons ln support of such decision^and communicate the said decision^{to the petitioner.It is made} clear that this Court has^{not expressedany opinion on} merits of the case as to the^{entitlement of the petitioner to} get the subject document^{registered. There shall be no}

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order as to costs.

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Miscellaneous Petitions,^{if any, pending in this writ}

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petition shall stand closed.

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SD/.MOHD.^ISMAIL EPUTY^REGISTRAR I ,TRUE^COPY// SECTION^OFFICER

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To 1. The^{PrinciPal Secretary, Stamps and Registratlon} at1ment Secretariat Buildings,^{Stateof Telanganaat Hyderabad}

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1. The Tahsildar^{and Joint Sub Registrar Office,Husntsbad,SiddiPet District} 3. Two^{CCsto GPFOR REVENUE , High Courtfor the State of Telanganaat} Hvderabad. [OUTI

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