THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.181 OF 2025

ORDER:

1. This Writ Petition is filed questioning the action of the respondent No.3 in refusing to receive, register and release the Gift Deed presented by the petitioner in respect of agricultural land admeasuring to an extent of Ac.3.00 guntas in Sy.No.38/c/AA, situated at Antargaon Village, Bheempur Mandal, Adilabad District (hereinafter referred to ‘subject land’) and sought a direction to the respondent No.3 to receive, register and release the subject document presented by the petitioner in respect of the subject land.

2. Heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents.

3. The learned Counsel for the petitioner would submit that the petitioner is the owner and possessor of land admeasuring to an extent of Ac.3.00 guntas in Sy.No.38/C/AA, situated at Antargaon Village, Bheempur Mandal, Adilabad District which is ancestral property acquired by him. The petitioner is also having Title Deed cum Pass Book vide Pass Book No.T13050040022.

4. The learned Counsel for the petitioner would submit that in order to Gift the subject land to his wife, the petitioner got prepared Gift Deed and booked a slot for registration vide Dharani Portal Application No.2400755617 dated 14.11.2024 by paying requisite registration charges through online challan and submitted for registration. But the respondent No.3 orally refused to receive the document without specifying any reasons. The subject property is not covered under any other prohibition lists or under Urban Land Ceiling Act, in spite of the same, the respondent No.3 is not entertaining the Gift Deed presented by the petitioner. Further, there is no notification issued by the Government notifying the subject lands under the Prohibitory Register as per Section 22-A of the Registration Act, therefore the authorities cannot prohibit registration and requested to allow the writ petition by directing the registration authority to register the document presented by the petitioner in respect of the subject land.

5. The learned Assistant Government Pleader basing on the counter filed by the respondent No.3 would submit that on 14.11.2024 one Smt.Mada Shobha along with her husband i.e. the petitioner herein came to the office and informed that her husband booked a slot for registration of Gift Deed in her favour in respect of the subject land and submitted the documents and at that time, during the verification of the documents, one Mada Pramod, brother of the petitioner, came to the office and informed that out of the subject land of Ac.3.13 guntas, an extent of Ac.1.00 guntas was already sold to their paternal aunt Smt.Asha Bai and after her death, her legal heirs filed petition before the authorities for registration. Basing on the said objection, out of Ac.3.13 guntas, the petitioner agreed to register Ac.1.00 guntas in favour of the legal heirs of Smt.Asha Bai, and thereafter all the parties left the office without executing the Gift Deed.

6. The learned Assistant Govermnet Pleader would further submits that the wife of the petitioner also filed a PLC No.1549 of 2024 before the Legal Services Authority, Adilabad seeking a direction to the respondent No.3 to register the Gift Deed executed by her husband in her favour. On receiving the notice from the District Legal Services, the respondent No.3 informed the DLSA, Adilabad informing the facts and as per the statement of the petitioner Gift deed was not executed and there are no merits and requested to dismiss the writ petition.

7. After hearing both sides and on perusing the record, this Court is of the considered view that the petitioner is questioning the action of the respondent No.3 in not receiving, registering and releasing the Gift Deed presented by him in respect of the subject land. The petitioner is the owner and possessor of agricultural land admeasuring to an extent of Ac.3.00 in Sy.No.38/c/A