Unnam Hanumayamma vs The State Of Telangana And 3 Others
2023 Latest Caselaw 895 Tel

Citation : 2023 Latest Caselaw 895 Tel
Judgement Date : 22 February, 2023

Telangana High Court

Unnam Hanumayamma vs The State Of Telangana And 3 Others on 22 February, 2023

Bench: Mummineni Sudheer Kumar

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

               WRIT PETITION No.5023 OF 2023

ORDER:

Heard learned counsel for the petitioner and learned

Assistant Government Pleader for the Stamps and Registration

appearing for the respondents.

2. This Writ Petition is filed seeking to declare the

action of the respondents in refusing to receive, register and

release the document presented by the petitioner for registration

in respect of plot Nos.283/1, 284, 288, 334, 345, 346 and 593

in Survey Nos.76 (P), 77, 91 and 92 (P), situated at Injapur

Village, Abdullapurmet Mandal, Ranga Reddy District, as

arbitrary and illegal.

3. It is the specific contention of learned counsel for

the petitioner that respondent No.4 is refusing to receive,

process, register and release the subject document for

registration on the ground that the link document referred to in

the Gift Deed, dated 15.02.2023, is a validated document, but

not a registered document.

4. In the recent Judgment, in the case of P.Bala

Bhaskar Reddy v. State of Telangana1 this Court has

considered the similar aspect as to whether the Registering

Authorities are entitled or empowered to refuse registration of a

document on the ground that the link document referred to

therein is a validated document, but not a registered document

and held as under: -

"In the light of the above, this Court is unhesitant to hold that the respondent registering authorities are not entitled to refuse registration of a document on the ground that the link document referred to in the respective document is a validated document or to refuse registration of such document by placing reliance on endorsement, dated 02.01.2008, issued by the Commissioner and Inspector General of Stamps and Registration. Accordingly, the impugned orders in the respective Writ Petitions are set aside and Writ Petitions are allowed with a further direction to the respondent registering authorities to receive the returned documents and to process the same subject to the condition of the said documents complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899."

5. In the light of the Judgment referred to above, the

Writ Petition is disposed of directing respondent No.4 to receive,

process, register and release the Gift Deed, dated 15.02.2023, in

respect of plot Nos.283/1, 284, 288, 334, 345, 346 and 593 in

Survey Nos.76 (P), 77, 91 and 92 (P), situated at Injapur Village,

Abdullapurmet Mandal, Ranga Reddy District, and process the

same, without reference to the fact that the link document

referred to therein is a validated document and complete the

W.P.Nos.16310 of 2019 and batch process subject to the said document complying with the other

legal requirements including the requirements of the

Registration Act, 1908, and the Indian Stamp Act, 1899, within

a period of four (04) weeks from the date of presentation of such