Disposed

Sri. Lingala Shivananad Goud v. The State of Telangana

Telangana HC6 Mar 2025WP/4546/2025

Case brief

AI extract

What is this about?

Petitioners sought mandamus against the Sub-Registrar's oral refusal to register a gift deed over a Hyderabad plot. The court disposed of the writ directing the registering authority to follow Circular Memo No.G3/9722/2024 dated 12.08.2024, consider registrability of the document and pass reasoned orders preferably within one week.

What did the court decide?

Registering authority directed to consider registrability of the gift deed per circular and pass reasoned orders preferably within one week; no costs.

Sri. Lingala Shivananad Goud Vs The State of Telangana — Property and Title | Telangana HC (2025)

¶1

[³²⁵⁵ ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

(Special Original Jurisdiction)

¶4

THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

¶7

WRIT PETITION NO:4546 oF 2025

¶8

Between:

¶9

Sri Ling^ala S_hivanana{ Gogd, S/o Lingala Sudershan Goud, Aged about 53 ye€rs, Occ: Business, Rl/o. H.No. 16-11-733, Gaddianaram, Nea-r Neem tree, Dilsuknagar, Hyderabad.

¶10

Lingala Ankith Goud, S/o. Lingala Shivanand Goud, Aged about 21 years, Occ: Student, Rl/o. H.No 16-11-733, Gaddianaram, Near [.{eem - tree, Dilsuknagar, Hyderabad.

¶11

...PETITIONERS

¶12

AND

¶13

1 Ttre State.of T^elirngana, Eep by its Principle Secretary, R€u"nru (Registration & Stamps) Department, Dr. B.R. Ambed(ar Bhavan, Secretariat, Hyderabad

¶14

The District Registrar, Rangareddy District.

¶15

The Sub-Registrar, Hayathnagar, Rangareddy District

¶16

...RESPONDENTS

¶17

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No. 3 in refusing to receive, register and release the gift deed dated 13.02.2025 executed by^.l st petitioner in favour of the 2nd petitioner in respect of plot bearing No. 15 in Sy. No. 113, 114, 118,'1 19A and 1198 admeasuring 580.50 Sq.'yards situated at Ward No. 4, Plot No.^{'1 'l} , GHtvlC, Anmagal Hayathnagar Village and Mandal, Rangareddy District, as illegal, arbilrary and against the provisions of Registration Act and against all settled Principals of law and consequenily direci the 3rd Respondent to receive, register and release the Gift Deed dated 13.o2.202s executed by the P petitioner in favour of the 2nd petitioner in respect of plot bearing No. 15 in Sy. No. 113, 114, 1^'l B, 1 19A and 119B admeasuring 580.50 Sq. yards situated at Ward No. 4, Block No. 11, GHMC, Anmagal Hayathnagar Village and Mandal, Rangareddy District.

¶18

¶19

lA NO: 1 OF 2o2s

¶20

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 to direct the 3rd Respondent to receive, register and release the Gift Deed dated 13.o2.2025 executed by the^'l st petitioner in favour of the 2nd petitioner, in respect of Plot bearing No. 15 in Sy. No. 113, 114,.1 18, 119A and 119B admeasuring 580.50 Sq. yards situated at Ward No.4, Block No. 1.1 , GHIMC, Anmagal Hayathnagar Village and Mandal, Rangareddy District, pending disposal of lhe main Writ Petition.

¶21

Counsel for the Petitioners: SRI AKKAM ESHWAR

¶22

Counsel for the Respondents: ASST. cp FOR STAMPS AND REGTSTRATION

¶23

The Court made the following: ORDER

¶24

¶25

HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.4546 of 2O25

¶26

ORDER:

¶27

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal at the stagc of a,.l mission itsell.

¶28

This Writ petition is filed seeking the following prayer:-

¶29

"to declare the action of the Raspondent No.3 in reftsittg to receiue, register and reletLse tlu gift deed dated 13.02.2025 executed by 1st petitioner in faoour of the 2'd petitioner in respect of plot bearing, No.15 in Sy No.113, 114, 118, 119A and 7798 admeasuring 580.5O Sq.yards, situated at Ward No.4, BLock No.71, GHMC, Anmagal Hnyathnagar Village nnd Mnndal, Rnngareddy District ns illegal, arbitrary and against the prooisions of llegistration Act and against all settled Principals of lau nnd consequently direct the 3'a Respondent lo receiae, registcr nnd release tht Gift Deed dated 13.02.2025 exeatted by lltc I't petitioncr in fauour of the 2ud petitioner in respect oJ plot bcaring No.15 in Sy No.'1L3, LL4, 118, 'l'19A and '1798 ndmensurtng 580.50 Sq.ynrds, situated nt Ward No.4, Block No.11, CLllv4(-, Annngal I loyathnngtr VilLage and Mandal, Rangnreddy Dtstrit t,"

¶30

Brief facts in tl-ris writ petition are that the petitioner No.1 claims to be the owner and possessor of plot bearing No.15 in Sy No.113, 11,4,778, 1194. and 1198 admeasuring 580.50 Sq.yards, situated at Ward No.4, Block No.11, GHMC, Anmagal Hayathnagar Village and Mandal, Rangareddy District, having acquired the same rride registered sale deed dated 18.10.2004. It is furthcr sr.rbmitted that the petitioner No.1 with an intention to gift the subiect propertv had executetl gift cleed in favour of petitioner No.2 anti approached the responde'nt No.3 for registration. IJowever, the

¶31

¶32

¶33

respondent No.3 orally refused to register the subiect clocument. Aggrieved by the samc, petitioners filed this writ pctition.

¶34

Lcarned Assistant Government pleader for Stamps ancl Registration has placeci rn record re circurar instructions issued b,,.the Commissio^cr anrl Inspector General of Registration and Stamps, Ielangana, I{yderabad zridr, Circular Memo No.G3/ 9722/2024, dated 12.0g.2024, which reads as

¶35

untlcr:-

¶36

"Attention of the Sub-Regist:f1rs..and. Offi.cers in the ad.dress entry is indted to the reference cited, uhereln Uon,Ute Utii- CZrn,"'Juiu. dtsposing the W.p No.16836/2024 and batch cases, d.ated.: 09:07_20r4"'ts;u;d comrnon orders utth certatl guiddites to the Registration gutnonti"s 7ni liir-.r,rrr. to concerned partrcs.

¶37

,;"iT:,f:,::,:,",i::::. orders of the Hon,bte Hish court, the fouotuirts

¶38

i) Wteneuer purties/ citizen approaclt to register the documents. the concertled Sub-Reqistrar, shall tzs exped_ttioislg as possible preferablg within one ueek, either register the ioru,i"nt'.or"po"s refusal ord.er, in tems of ttrc Registration Aa, lgog and. the tndian Stamp Act, 1g99 and communicate the same to .the _ concemed parties.- tn no case, the Sub_ feOp.tr"rs^{shall not refuse t-he documents or'aig} lol regfstration, and it must be follou,'ed bg o wrifi"a refusal orders.

¶39

ii) In case documents are refused. for registration, th,e Sub_Registrars shall rnform the procedure tor refund ,f St"^;-;;;;-;nd"r.nrr,rr,,o, charges to rhe concemed partieir Cilizens "t""ag. hnZ;i1;,ri shalt be str,ctla as per Indiarr Stamp Act, 1899 and Registraiion ait, iSO-g. -

¶40

rii) SuLt Reqistrau "h"tt-,::::r":n a watch Regtster/ General Diary (GD Book,/ Entry Book/ Regsterl .?t eu9ry Sub_Registrar Offi.ce and to make entnes t'f thp pantes aoproachtng thi office or'o port,"ul* dale and time f:i-:i:-f::f::: for^ruhich ,h.; ;p;;;;h";",;:;fft*. so as to auotd t 4terlerat t.c. tampenng and msrepres?nlation.

¶41

aR ter ht uew it ther-oJ' othe aboue llowin roSub orrna.Regt strars are herebg directed to maintain

I \

ryI

All the Sub- Regnstrars^{sho.tl inuoriablAmointain the reglster in the} aboue^proforrna in their^{ofrtceand sl:ar:,llbe kept open to the uisiting publicto} the olftce to record^{their purpose} for^the future^reference'

¶47

The District Registrars shall ensure that the aboue^{Registers are opened} ctnd maintained in the each Sub'Registrar Offce^{on regularbasis}

¶48

iu) The registeing authoittes shall folloLtt^{the gutdelines issuedln the cases} of Vinjamui Rajagopta Chary Vs. State^{of Andhra Pradesh andM/s.} Inuecta Technologies Piuate Limited^{Vs. Gouemment of Andhra Pradestt}

¶49

These instructions sLrull be followed^{scrupulouslg.If ang deuiation is} found,^{suitabledisciplinary actionutitlbe initiated- These instructionstDtll} not supersed.e the citizen charter^prescrtbed for^{uaious seruices rendered} bA the department. "

¶50

Learned Assistant Government Pleader^{would further submits that if} the petitioners submit the subject document^{beforethe registering} authorities the same would^be considered^{and appropriate orders iruwillbe} passed in accordance with law.

¶51

At this stage, learned coutlsel for petitioners^{submitsthat the} petitioners may be permitted to submit the^{subicctdocument beforethe} regisEring authorities and further Pray^{this Court to direct the registering} authorities to consider the same for registration.

¶52

It is pertinent to note that in terms of the said^{Circular, all the Sub-} Registrars shall invariably examine the documents^{and they shall, as} expeditiously as possible Preferably^{within a period of oneweek, either} register the document or pass refusal ordcr, in^{terms of the Registration Act,} 1908 and Indian Stamp Act, 1899 and communicate^{the same to the} concerned parties; in no case,^{the Sub-Regiskarsshall not refusethe}

¶53

¶54

documents orally for registration and it must be followed bv a written refusal orclcr.

¶55

In vicr.r.of the above and without expressing any opinion on merits of thc casc, this writ petitio. is disposed of clirecting the Registering Authoritl, to folkrw thc Circular Memo No.G3/ 9722/2024, d,ated72.0g.2024 anci consir{cr rellistrabilitv of the subject document and pass orders, as experiitiouslv as possiblc, prefc,rably within a period of one (01) weck from the date of receipt of thc subject document, by ctuly assrgning reasons in support of such ciccisio. and communicate the saicl decisi6n to the petitioners

¶56

With the above directions this writ petitionr is disposed of Miscellaneor:s applications, if any pending, shall stand closed No order as

¶57

to costs.

¶58

/ SD/-K.AIVIMAJI ASSISTANT REG/STRAR //TRUE COPY// \J SECTION OFFICER

¶59

To,

¶60

1 The Principle Secretary, Revenue (Registration and Stamps) Department, The State of Telangana, Dr. B.R. Ambedkar Bhavan, Secretiriat, Hyderabad

¶61

2 The District Registrar, Rangareddy District.

¶62

<br>

¶63

3 The Sub-Registrar, Hayathnagar, Rangareddy District. 4 One CC to SRI AKKAM ESHWAR, Advocate [OPUC] 6 Two CCs to GP FOR STATUPS AND REGISTRAT|ON, High Court for the

¶64

State of Telangana. [OUT] o Two CD Copies BN

CC TODAY

HIGH^COURT

DATED:0610312025

ORDER

WP.No.4546^{of 2025}