THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.36604 of 2024

ORDER

Heard learned counsel for the petitioners 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:

“to declare action of the 3^rd respondent i.e., The Sub Registrar Shankarpally Ranga Reddy District in refusing to receive register and release the Gift Settlement Deed presented by the petitioners in respect of their plot i.e., Plot bearing No.719 admeasuring 500 Square Yards or Ac 0-4.1322 Gts in Pragati Green Valley Sector-C in Survey Nos.71/A 71/AA/1, 74/E, 94/A 72/AA/2, 72/A, 73/A2, 73/A/1, 73/AA/1, 3,4,5, 78/A/1, 78/AA/1, 78/A/2, 79/AA/4, 81/A, 81/AA and 82/A situated in Medipally Village and Gram Panchayat, Moinabad Mandal, Ranga Reddy District on the ground of the Document is based on the Validated Document as a link document and validated document cannot be treated as a Link Document vide Letter C and IG Endt No.CIG Mail/AR/2008 dated 02/01/2008, issued by the respondent No.2 as illegal arbitrary in violation of Articles 14, 21 and 300-A of Constitution of India and also in violation of Registration Act,1908 besides in violation of principles of natural justice and consequently to direct respondent No 3 to receive and register the Gift Settlement Deed presented by the petitioners.”

3. Facts rising to file this writ petition are that petitioners claim to be owner and possessor of Plot bearing No.719, admeasuring 500 Square Yards or Ac 0-4.1322 Gts in Pragati Green Valley Sector-C, covered under Survey Nos.73 and 78, situated at Medipally Village and Gram Panchayat, Moinabad Mandal, Ranga Reddy District. The petitioners have now decided to gift the subject property to her daughter and executed a Gift Settlement deed and presented the subject document on 07.12.2024 before registration No.3 for registration, however respondent No.3 orally refused to receive and register the Gift Deed based on the letter C&IG Endt.No.Mail/AR/2008, dated

02.01.2008. Aggrieved by the same, this writ petition is filed.

4. Learned Government Pleader for Stamps and Registration placed instruction of respondent No.3, which reads as:

“In reply to the averments made in Para No’s.5 to 7 of the petitioner’s affidavit, it is submitted that merely on the grounds validated documents as link document was presented for registration. Then the sub registrar refused to accept the admission of the document by place the reliance on C&IG Endt No.CIG.Mail/AR/2008, dated 02.01.2008.

Through the CIG Mil dated 02.01.2008, it is clarified that a validated document cannot be accepted as a validy registered document which should be equivalent to a link document and be the basis for subsequent registration. Instruction is therefore given to all registering officer, not to treat a validated document as a link document for any further registration”.

5. At this stage, Learned counsel for the petitioners would submit that the letter/circular issued by Commissioner and Inspector General of Stamps and Registration, vide CIGMAIL/AR/2008, dated 02.01.2008 has already been set aside by this Court in WP No.16310 of 2019 and batch, dated 11.01.2023 and the paragraph Nos.19 and

21 of the order, reads under:

“19. 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 returne