Sairam Pothakamuri vs State Of Telangana

This Writ Petition is filed seeking the following relief:-

“to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents particularly the 3rd respondent in refusing to receive register and release gift deed in respect of semi-finished residential flat bearing No.402 extent 950 sft in fourth floor of the residential complex “RAM’S FORTURE” at H.no.27-64/7/2/86 (PTIN 1280769469) (old H.No.27-256/86) on plot No.86 in survey No.116, 117 and 123 situated a Block No 27 Old Neredmet, Malkajigiri within the limits of under Greater Hyderabad Municipal corporation Malkajigiri circle and Mandal, Medchcal Malkajigiri district as illegal arbitrary against the provisions of Registration Act and against the settled principle of law and consequently direct the 3rd respondent to receive register and release the gift deed in respect of the above property.”

With the consent of both the parties, the Writ Petition is being disposed of at the admission stage.

Heard Sri G.Madhusudhan Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue (Stamps and Registration) appearing on behalf of respondent Nos.1 to 3.

Learned counsel for the petitioners submits that petitioner No.1 is the absolute owner and possessor of the semi-finished residential flat bearing No.402 admeasuring 950 sft in fourth floor of the residential complex “RAM’S FORTURE” at H.No.27-64/7/2/86 (old H.No.27-256/86) on plot No.86 in survey No.116, 117 and 123 situated at Block No.27, Old Neredmet, Malkajgiri within the limits of Greater Hyderabad Municipal Corporation, Malkajgiri Circle, Medchal Malkajgiri District and the same was purchased by him through registered Sale Deed dated 18.08.2022 and after obtaining building permission from the GHMC, he has constructed the building as per the approved plan. Petitioner No.1 with an intention to register a Gift Deed in favour of petitioner No.2 who is none other than the wife of petitioner No.1, approached respondent No.3 on 13.10.2023 to register the Gift Deed. Respondent No.3 has not accepted to receive and register the same on the ground that the subject property which is covered in Sy.Nos.116, 117 and 123 are Government lands. However, the subject property is not Government land and also not notified in the prohibitory list.

Learned Assistant Government Pleader appearing on behalf of the respondents submits that respondent No.3 will consider the request of the petitioner and pass appropriate orders.

Section 71 of the Registration Act, 1908, reads as follows:-

“Reasons for refusal to register to be recorded.—

(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.”

The Registering Authority is not empowered to refuse registration of document/s except under the circumstances mentioned under the Registration Act, 1908 and the Rules made thereunder. Also, as per the version of the petitioners, no reasons are assigned for not entertaining the documents which are presented for registration by the petitioners. Therefore, this Court is of the view that directions as prayed for have to be given to the public authority directing it to perform its function as required under law.

Hence, this Writ Petition is disposed of with the following direction:-

Respondent No.3-the Registering Authority is directed to receive and register the documents presented by the petitioners in respect of the subject properties, in case the said documents comply with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899. The Registering Authority can refuse to register the documents in case the documents are prohibited for registration under any of the provisions of law, Rules or Regulations made there under. However, the reasons assigned thereof and the decision taken shall be communicated to the petitioners in writing. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.