Telangana High Court
Sri B.Arun Kumar Bhimasani B.Arun Kumar vs The State Of
Telangana on 26 April, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.11247 OF 2024
ORDER:
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.
2. This Writ Petition is filed seeking the following relief:
"this declare the action of the respondent authorities in refusing and register the Gift
Deed presented by the petitioner in respect Western Portion of House bearing No 7-
66/2/167 on Plot No.167, admeasuring 250 Sq.yards or 209 Sq meters out of 500 Square
Yards with a built up area of 100 Sq feet roof covered with ACC situated at Raidurg
Nav Khalsa Village, Serilingampally Mandal, GHMC Serilingampally Rangareddy
District and direct the Respondent No.4 to receive registered and release the Gift Deed
presented by the petitioner in respect of aforesaid property without reference to Lr
No.E5/2825/2021, dated 10/06/2021 as communicated by the Respondent Nos.2 and
3."
3. When the matter was taken up for hearing, learned counsel for the petitioner submits
that in similar circumstances this Court has passed order in W.P.No.2859 of 2024, dated
05.02.2024, which reads as under:
"Recording the above submission made by learned counsel on either side and without
expressing any opinion on the merits of the case and the reasons alike in WP No.28092
of 2022, dated 24.08.2022, this Writ Petition is disposed of directing the registering
authority to receive and process the subject document without reference to the Gazette
Notification, dated 26.09.2013 and Lr.No.E5/2825/2021, dated 10.06.2021 and
29.09.2021 letter addressed by the District Collector to the Registration Authorities,
subject to the compliance of the provisions of the Indian Registration Act, 1908, and
the Indian Stamp Act, 1899. It is also open to the Registering Authority to refuse
registration, by duly assigning reasons for such refusal and communicate the same to
the petitioners. Accordingly, this Writ Petition is disposed of. Miscellaneous
applications, if any pending, shall stand closed. No order as to costs."
4. Learned Assistant Government Pleader has not disputed the same and submits that
similar order may be passed in this writ petition.
5. Recording the above submission made by learned counsel on either side and without
expressing any opinion on the merits of the case and the reasons alike in WP No.2859
of 2024, dated 05.02.2024, this Writ Petition is disposed of directing the registering
authority to receive and process the subject document without reference to the
Lr.No.E5/2825/2021, dated 10.06.2021 letter addressed by the District Collector to the
Registration Authorities, subject to the compliance of the provisions of the Indian
Registration Act, 1908, and the Indian Stamp Act, 1899. It is also open to the
Registering Authority to refuse to register the documents, by specifically assign the
reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to
the petitioner.
6. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any
pending, shall stand closed. No order as to costs.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date:
26.04.2024 SHA
