Tatireddy Prathap Reddy Vs The State of Telangana

Tatireddy Prathap Reddy, S/o. Joji Reddy, aged about 49 years, Occ. Agriculture R/o. H No. 1-37, Bachupally Village, Kandukur Mandal, Ranga Reddy District.

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...PETITIONER

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AND

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

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2 The District Register, Stamps and Registration Department Ranga Reddy District, Hyderabad.

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3 The Sub Register, Stamps and Registration Department Kandukur Mandal, Ranga Reddy District, Rep by its Secretary.

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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 pass a! order or direction one in natu16 of Writ of [Mandamus declaring the action of the Respondent No.3, in refusing to receive, registered and release the gift settlement deed Dt.08.08.2023 presented by the petitioner in respective of the land to an extent oi ZSI .S Sq. yds at Bachupally Village, Kandukur Mandal, Ranga Reddy District whictt is classified as Grama Kantam Land which is illegal, arbitrary and against the principals of natural justice and consequently direct the respondent No.3, to receive, registered and release the gift settlement deed Dt.08.08.2023 presented by the petitioner in respective of the land to an extent of 297.5 Sq. yds at Bachupally Village, Kandukur Mlandal, Ranga Reddy District.

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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 pleased to direct the respondent No. 3, to receive, registered and release the gift settlement deed Dt 08.08.2023 presented by the petitioner in respective of the \and to an extent of 2g7.5 Sq. yds at Bachupally Village, Kandukur [/andal, Ranga Reddy Distrrct pending disposal of the above writ petition.

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Counsel for the Petitioner : SRI V.ROOPESH KUMAR REDDY

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Counsel for the Respondents: ASST.GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.1712O of 2o.25

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ORDER:

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Heard learned counsel for 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.3 in refusing to receive, register and release the gift settlement deed dated 08.08.2023 presented by the petitioner in respect of the land admeasuring to an extent of 297.5 sq. yds at Bachupally Village, Kandukur Mandal, Ranga Reddy District, which is classified as Grama Kantam Land, the petitioner filed the present writ petition.

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Learned Assistant Government pleader for Stamps ancl Registration^tsubmits that without presenting the document, the petitioner has approached this Ccurt seeking registration of the document. If the petitioner prcsents the same beforc the Registering authority, the

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SI(, J WP No.1712O of 2025

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respondents wiil receive the same and follow due'procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908).

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The Section 71 of the Act, 1908, reads as follows:

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Reasons for refusal to register to be recorded.-

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(1) Every Sub-Registrar refusing to register a document, except or1 the ground that the property to u,hich it relates is not situated within his subdistrict sl-rall make an order of refusal and recorded his reasons lor such order in his Book No.2, and endorsc thc rvords "registration refused" on the document; and, orL application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give hirn a copv of the reasons so recorded.

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(2) No rcgistering officer shali accept for registration a document so endorsed unless and untii, under the pror.isions hereinafter contained, the document is directed to be registered.

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In vierv of thq above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject

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SK, J WP No,1712O of 2025

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to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99. It w.ill be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.

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