Smt. Pulipati Bharathamma Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Smt. Pulipati Bharathamma Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the stage of admission: Registering Authority directed to receive, register and release the Gift Deed subject to the petitioner's compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899; liberty reserved to the Registering Authority to refuse the document with recorded reasons communicated to the petitioner; no opinion expressed on merits; no order as to costs; miscellaneous petitions, if any, closed.

Issue for consideration

Whether the action of Respondent No.3 (Sub Registrar, Quthbullapur, Medchal-Malkajgiri District) in refusing to receive, register and release the petitioner's Gift Deed for Plot No.143, admeasuring 200 square yards in Sy.No.233, Nizampet Village, Bachupally Mandal, on the ground that the validated document cannot be treated as a link document (per Letter C & IG Endt.No.CIG.Mail/AR/2008 dated 02-01-2008 issued by Respondent No.2), is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution and the Registration Act, 1908. +1 more

Court's answer

The writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

Ratio / Principle

It will be open to the Registering Authority to refuse the document presented before it if it has any objection, in which event reasons are to be assigned and the decision communicated to the petitioner.

Key takeaways

The Court made it clear that it has not expressed any opinion on the merits of the case as to the entitlement of the petitioner to get the subject document registered.obiter¶42

Detailed headnote1 paragraphs

High Court for the State of Telangana (Special Original Jurisdiction), W.P. No. 14645 of 2025, decided 09-06-2025 by Justice K. Sarath. The petitioner challenged the refusal by Respondent No.3, the Sub Registrar, Quthbullapur, Medchal-Malkajgiri District, to receive, register and release a Gift Deed relating to Plot No.143 (200 sq. yards), Sy.No.233, Nizampet Village, Bachupally Mandal, on the ground that the validated document relied upon could not be treated as a link document, vide Letter C & IG Endt.No.CIG.Mail/AR/2008 dated 02-01-2008 issued by Respondent No.2. The learned Assistant Government Pleader submitted that the document had not been presented before the Registering Authority and that, if presented, it would be received and processed under Section 71 of the Registration Act, 1908. Disposing of the petition at admission with consent, the Court directed the Registering Authority to receive, register and release the document subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899, while leaving the Authority free to refuse the document by recording reasons and communicating the decision to the petitioner. The Court expressly expressed no opinion on the merits of the petitioner's entitlement to registration; there was no order as to costs and pending miscellaneous petitions stood closed.

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HrGH couRr^t?+ I+EDEIIrEoF TELANGANA lSPeciai^{Original Jurisdiction)}

IVIONDAY ,THE^{NINTH DAY OF JUNE} T,VO iHOUSNND^{AND TWENTYFIVE}

PRESENT

THE HONOURABLE^{SRI JUSTICEK' SARATH}

WRIT PE^{TITIONNO:14645 oF 2025}

Between:

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...RESPONDENTS

Petition^{under Article226 of lhe Constitution of lndia praying that in the} circumstances^{statedin the affidavit filed therewith' the High Court may be} pleased to^{issue Writ, order or direction more particularly one in the nature of} Writ of^{Mandamus declaringthe action of the 3rd respondent} '^"; ']"^j.lb Registrar,^{Quthbullapur' Medchal- Malkajgiri District'in refusing to recetve'} register^{and release the Gift Deed presentedby the petitionerin respect of all} that the^{Plot No 143, admeasuring200 Sq Yards ' in Sy No 233' situatedat} Nizampet^{Village,BachupallylVlandal' Under Nizampet MunicipalCorporation'} Medchal-Malkajgiri^{District' on the ground of the documentis based on the} validated^{document as a tink document and validated document cannotbe} treated^{as a Link Document vide LetterC and lG Endt No ClG'Mail/AR/2008'} dated^{02-01-2008 issued by the respondentno 2' is illegal' arbitrary' in violation} of Articles^{14, 21 and 300-A of Constitution of lndia and also in violation of} RegistrationAct'1908'besidesinviolationofprinciplesofnaturaliusticeand consequently^{to directrespondentNo 3 to receive and registerthe Gift Deed}

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presented by^{the petil orr:r in respect of all that the Plot No l4:l ad neasuring} 200 Sq.Yards.,^{in S y} 'lc^{233 situated at NizampetVillage'Bachrrpal y Mandal'} UnderNizampetlr/u-ritilalCorporation,lvledchal.tvlalkajgiriDistrict,without reference of^{Letter (lard lG Endt No ClGtr/lail/AR/2008'clated 02-01-2008} issued bY the^{resporrd3nI r o 2}

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PetitionUnde.jertion,l5lCPCprayingthatinthecir:unlstan:esstated in the affidavit^{filed in srr lport of the petition,the HighCourtrnay be ]leasedto} directrespondentNo3t)receiveandregistertheGiftDeeclptelsen,edbythe petitioner in^{respeclr f I I that the Plot No-143' admeasuring 2C)0 Sc Yards ' in} Sy.No.233,^{situated :rt Nlizampet Village' BachupallyMandal L'!rde} r Nizampet tvtunicipal Corporati'lr^{lle'dchal-Malkajgiri District' withoutrel{)r€'rrce} rf Letter C and lG Endt^{No.Cl(il'4ai/CR/2008, daled02-01-2008issued :y the} respondent no.2,^{pendingdisposaI c f the above writ petition}

Counsel for^{the Petitionerr: SRI' KATIKARAVINDER REDDY}

Counsel for^{the Respordents: AGP FOR STAMPSAND REGISTRATIT)N}

The Court made^{the follc'wing:ORDER}

TIIE HONOURABLE SRI JUSTICE K.SARATH

II/RIT PETITION No.1 4645 of2025

ORiDER:

Heard learned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration appearing for the respondents. With their consent, this writ pe[ition is disposed of at the stage of ad.mission.

The writ petition is filed declaring the action of the respondent No.3 i.e., The Sub Registrar, euthbullapur, Medchal-Malkajgiri District in refusing to receive, register and release the Gift Deed presented by the petitioner in respect of a_ll that the plot No.143, admeasuring 2OO Square yards in Sy.No.233, Situated at Nizampet Village, Bachupally Mandal under Nizampet Municipal Corporation, Medchal-Malkajgiri District on the ground of the document is based on the validated document as a link document and vatidated document cannot be treated as a Link Document vide Letter C & IG Endt.No.CIG.MaillARl2OOB, dated O2.OL.2OOB issued by the respondent No.2, AS illegal,

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arbitrary',^{itr vioiation of Articles 14' 2lancl 300-A of} Constitutilr-,^{:f India and also in violation 'lf R-'gistratron} Act, 19otl.^{cesides in violation of Prinr:ipl':srf Natural} Justice rlrcl :onsequently^{direct the resporldcot llo 3 herein} to receivrl^{rtrrrl register the Gift Deed 1:rer;enledby the} '11 respect^{of all that thePlc tNo' 143'} Petition{r1 admeasu^{i'rtlP2OO Square Yards in SY'No'23'3} Situated^at Nizamper^{r/illage, Bachupally Mandal urtdel Nizampet} MunicilxLl^{a)'xporation,Medchal-Malkajgir i l--ri str ict' without} 16fg1sn3t:^{tcLetter C &IG,rr41.5s.C)tG. Ma l/AR/ 2008'} dated^()ir.C2008'

l,::Lrtled^{AssistantGovernment PL':acler for Stamps} submits^{that withotrtpr( senting the} and Flegistratton docurrLent,thepetitionerhasapproirchedthisCourt seekir:g^{rt:1$stration of the documentlf tlie petitioner} pieseltts^{.Jre same before the Registet'in'11 arthority'the} respotrrl.erls^{will receive the same and Irlllcw the procedure} as co:l1 errrl:lated^{under Section71 of ttle Ree istrationAct'} 19OB^(f rr short,^{the Act, 1908')'}

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4. The Section 7l of the Act, 1908, reads^{as follows:}

Reasons for refusal to register to^{be recorded.-}

(1) Every Sub-Registrar refusing to^registera document, except on the^{ground that the propertyto} which it relates is not situated^{within his sub-} district shall make an order^{of refusaland recorded} his reasons for such order in^{his Book No-2, and} endorse the words "registration^{refused" on the} document; and, on application^{madeby any person} executing or claiming under^{the document,shall,} without payment and unnecessary^{deiay, give him a} copy of the reasons so^recorded.

(2) No registering ofhcer shall accept^{for registration} a document so endorsed^{unless and until,under the} provisions hereinafter contained,^{the documentis} directed to be registered.

In view of the above^{made submissions coupled with} the provision under Section^{71 of the Act, 1908, this writ} petition is disposed of directing the^{RegisteringAuthority to} receive, register and^{release the subject document, subject} to the petitioner complying^{with the provisions of the Act,} 1908 as well as the Indian Stamp^{Act, 1899. It will be open} to the Registering Authority^{torefuse the document} presented before him, if he^{has any objection, by duly}

4 SI(, J W)'^{.N<t.146't5oJ 2025}

support^{ofsuc-L 'fec sion and} assignini-I^{t (iilsons1n} commurli(ra'.()^{the said decision to the petitiorerIt is made} clear^{th a' r'l-ris Court has not expressedarl)' ( )plnlonon} merlts^{cf ti'r: case as to the entitlementoi the p:titionerto} get the^{sullj':ctdocument registered' Tl-rere shall be no} Order^{as, to crrlsts.}

Mis,.:el]tlneous^{Petitions' if any' perrdirigin this writ}

petition^{:,halt stand closed'}

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DATED:09106t21125

ORDER

WP.No.14645 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT CO$TS

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