Pioneers India Vs The State of Telangana

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[³³⁰² ]

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

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FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 20661 OF 2025

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Between:

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1 PIOa\lEERS lNDIA, (Regd. Society No.1711990), Represented by its President CHELLEMALLIKA DEVI, DAUGHTER OF SRI. KRUSHNA REDDY, aged about 44 years, occ. Presidenl Pioneers lndia, Resident of H_ No.B-42, Erraguduru, Pamulapadu Mandal, Kurnool District, Andhra Pradesh

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2 ST.PAUL CHARTABLE TR-UST, (PAN-AAHTS1688K), Rep. by its Trustee SRl. PALUS MUTHUNAYAGA, S/o. Late I/UTHUNAYAGAIVI, aged about 43 years, Ryo. H. No.6-100, S P Bhavanm Arayarthuvilai, Kulappuram, Tamil Nadu - 629 153.

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,....PETITIONERS

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AND

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The State of Telangana, Represented by its Principal Secretary, Revenue (Stamps and Registration) Department, Dr.B.R.Ambedkar Telangana State Secretariat Building, Hyderabad.

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The District Collector, Ranga Reddy District.

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The Tahilsdar-cum- Joint Sub- Registrar, Chevella, R. R. District.

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The Commilsioner and lnspectcr General, Registration and Stamps, Telangana, Hyderabad.

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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 Order, Direction or Writ, more particularly a Writ of Mandamus declaring the action of the respondent no.3 in not receiving, processing, registering and releasing the Gift deed Dt. 05.O7.2025 in respect of the property i.e, agricultural lands admeasuring Ac.0-21 gts in Sy. No. 157lAl4l113, Ac.0-04 gts in Sy. No.157l3l1111113, Ac.0-22 gts in Sy. No.157lA/3/3,

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Ac.O-22^gts in sy.^{No. 157lAl2t113and Ac.0-20 gts in Sy. No.157/4/5/1/4,total} admeasuring Ac.2-09^{gts, situatedat Allawada village, chevellaltrlandal, Ranga} Reddy District as illegal,^{improper,unjust, arbitrary, withoutiurisdiction and being} violative of Art.14, 21^{and 300Aof the constitutionof lndia and consequently} direct the Respondent^{No.3 to receive, process, registerand releasethe} document i.e., Gift^{deed Dt. 05.07.2025 presentedby the petitionersin respect of} the agricultural lands^{admeasuring Ac.0-21 gts in sy No.157lAl41113. Ac.0-04gts} in Sy. No.157l3t1t11113,^{Ac.O-22gts in Sy. No.157/A/3/3, AcO-22gts in Sv No} 157lAl2t113 and^{Ac.0-20gts in sy. No.157tAl5l1l4, total admeasuring Ac.2-09gts,} situated at Allawada^{Village, Chevella Mandal, Ranga Reddy District'}

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l.A.NO:1 OF 2025

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Petition Under section^{151 CPC prayingthat in the circumstances statedin} the affidavit filed in^{supportof the petition,the High court may be pleasedto} direct the respondent^{no.3 to receive, process, registerand release the document} i.e., Gift deed Dt. 05.07.2025^{presented by the petitioners in respect of the} agricultural lands admeasuring^{Ac.0-21 gts in sy. No. 157lAl41113,Ac.0-04 gtsin} Sy. No.15713/1t1t113,^{Ac.O-22gts in Sy. No.157lN3/3,Ac.0-22 gts in Sy No.} 157tAl2t1t3 and Ac.0-20^{gts in sy. No.157lAl5l1l4,total admeasuringAc.2-09 gts,} situated at Allawada^{Village,chevellal\ilandal, Ranga Reddy Districtin} accordance with law,^{pending disposalof the above writ petitron}

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Counsel for the Petitioners^{: SRIV.YADU KRISHNA SAINATH}

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Counsel for the Respondents^{: Ms. S.SRAVANTHI, AGPFOR REVENUE} The Court at the stage of admission^{made the followingORDER}

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.2O661 of 2o25

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ORDER:

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Heard Sri V. Yadu Krishna Sainath, learned^counsel for the petitioners^{and Ms. S.Sravanthi, learned Assistant} Government Pleader^for Stamps^{and Registration appearing} for the respondent Nos.1 to^{4. With their consent, this writ} petition is disposed of at the stage of admission itself.

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Aggrieved by th6 inaction of the^{Respondent No.3 in} refusing to receive, register and release the^giftdeed presented by the petitioners in respect of the agricultural land admeasuring Ac.O.21 guntas tn Survey No.l57 I Al4 lIl3,^{Ac.O.04 guntas in Survey No.157lE/IlLltlrlll3,} Ac.O.22 guntas in Survey No.157/A/313, Ac,O.22 guntas in Survey No.l57lAl2lll3 and Ac.0.2O guntas 1n Survey No.157/A/5lll4, total admeasuring land Acs.2.09 guntas situated at Allawada Villagc, Chevella Mandal, Ranga Reddy District, the petitioners hled the present writ petition.

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r>

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sK, ./ wP 20661 202s

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Learned Assistant Government Pleader for Stamps and Registration submits that without presenting thc subject document, the petitioners have approached this Court seeking registration of the said document. Il the petitioners present the sarte before the Registering authority, the respondents will receive the same and^follou' the procedure AS contemplated under Section 71 ol thc Registration Act, 1908 (for short, 'the Act, l9O8).

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

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Reasons for relusal to register to be recordcd.-

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(1) Every Sub Regislrar refusing to register a documenL, except on the ground that thc l)roperty^to u,hich it relates is not situated within his subdistrict shall make an order of refusal and recorded his reasons for such order in his Book^{No.2, and} enclorse the words "registration refusecl" on^the document; and, on application made b1'^{any person} exccuting or claiming under the documcnt, shall, u,ithout payment and unnecessary delav,^give him^a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration a document so enclorsed unless and until, ultder^thc provisions hereinafter contained, the document is dircr:t ccl to be registered.

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r,

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sK,.l wP 20661 202s

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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 Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly asslgnrng reasons ln support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered. There shall be no 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/.P. PONNA^KRISHNA TANT REGISTRAR

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//TRUE^COPY//

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SECTION^OFFICER

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To' " s^{tration) DePartment,} 1 . Th" Principal^{Secretary, Revenue(S-tamps and,Re} aat d ing, State^{of Telangan}

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' iii.i.niiiu"ak"i r"t"'ng'n' State secretariat Buil Hvderabad.

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23 .l The Tahilsdar-cum- t"-O'.trl"t Collector, Ranoa Reddy District'^{Loint S=Jbl R"Sittt"' Chevella' R R District'} 4 +i.iE #ffi];.ionei^{ano rnipe"toi6"n"ral'Resistrationand Stamps'} Telanqana,^HYderabad'

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