THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 11842 of 2025

O R D E R

Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 5, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Having regard to the manner of disposal of the Writ Petition and the nature of lis involved, this Court is of the view that notice to unofficial respondent Nos.6 & 7 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioners, in brief, is that one late Smt Mesram Rukmai Bai, who is the owner of land admeasuring Acre 0.16.79 guntas of land situated at Utnoor Village & Mandal, had executed a Gift Deed, dt.15.10.2020, in respect of the said land in favour of the petitioners; and that on the basis of the aforesaid gift deed, the petitioners are in possession and enjoyment of the said property.

4. It is the further case of the petitioners that while the petitioners are in enjoyment of the aforesaid property pursuant to the Gift Deed executed in their favour by the donor of the said property i.e., Smt Mesram Rukmai Bai, and she having deceased on 01.03.2025, the unofficial respondents are seeking to dispossess the petitioners from the said property, and as such the petitioners have approached the respondents-authorities seeking for providing police protection; and that in spite of the petitioners approaching the authorities, they are not providing police protection to the petitioners and their aforementioned property at the hands of the unofficial respondents, which action it is contended as highly illegal and arbitrary.

5. Per contra, learned Government Pleader for Home appearing on behalf of respondents would submit that though the petitioners are claiming subject property under a Gift Deed, dt.15.10.2020, as the said gift deed not being registered as required under Section 17 of the Registration Act, 1908, and being only a notarized document, the petitioners cannot claim any title to the subject property.

6. Learned Government Pleader further submits that since, the dispute between the petitioners and the unofficial respondents appear to be a civil dispute in relation to the subject property belonging to one Smt Mesram Rukmai Bai, and as the unofficial respondents herein claim to be the sons of Mesram Somji, and in the Gift Deed, he is shown as husband of Smt Mesram Rukmai Bai, the unofficial respondents are laying a claim to the subject property being the legal heirs of late Mesram Somji, husband of late Smt Mesram Rukmai Bai.

7. Learned Government Pleader further submits that if the petitioners intend to claim the subject property under the Gift Deed, they have to approach the competent Court of Civil jurisdiction to establish their claim over the aforementioned property, and for the said reason, the respondents-authorities cannot provide police protection.

8. I have taken note of the respective submissions made.

9. Though the petitioners claim of the subject property having been gifted in their favour by late Smt Mesram Rukmai Bai under a Gift Deed, dt.15.10.2020, a perusal of the Gift Deed, dt.15.10.2020, indicates that the same is not registered as mandated under Section 17 of the Registration Act, 1908; that in the aforesaid Gift Deed, the Donor, late Smt Mesram Rukmai Bai, is shown as w/o Mesram Somji; and that the unofficial respondents in the present writ petition are the sons of Mesram Somji.

10. Though it is contended on behalf of the petitioners that late Smt Mesram Rukmai Bai had died issueless, the fact of the unofficial respondents being shown as sons of Mesram Somji, would indicate the unofficial respondents to be the legal heirs of Mesram Somji, who is shown as husband of late Smt Rukmai Bai in the Gift Deed.

11. As the petitioners are claiming the subject property being gifted in their favour and due to inadvertence and oversight, the said gift deed has n