IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.8223 OF 2026

18^th MARCH, 2026.

Between:

M/s. B. K. Oakwood Estates, Rep. by its Managing Director Arshad Ayub.

…Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Registration and Stamps Department, Secretariat, Telangana and another.

…Respondents

O R D E R :

With the consent of both parties, this Writ Petition is taken up for disposal at the stage of admission.

2. Aggrieved by the action of respondent No.2 in refusing to receive, register and release the Gift Deed executed by the petitioner in respect of subject property i.e., Nala affected area admeasuring 544.70 square meters or 651.12 square yards, in premises bearing Survey Nos.28, 34, 35, 36, 37 & 37/A situated at Makta Mehboobpet Village, Serilingampally Mandal, Ranga Reddy District, the petitioner filed the present Writ Petition.

3. Heard Mr. Zeeshan Adnan Mahmood, learned counsel for the petitioner and Ms. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration, appearing for the respondents.

4. Learned counsel for the petitioner submits that when the petitioner approached the office of respondent No.2, for presentation of the Gift Deed in respect of the subject property, respondent No.2 orally refused to receive and register the subject document on the ground that the original land owners must be the primary executing parties (Donors) and that the petitioner (Developer) cannot independently gift the property. It is further submitted that the petitioner possess a valid, subsisting and irrevocable General Power of Attorney fulfilling a statutory obligation mandated by GHMC regulations. It is contended that, in terms of Rule 58 of the Telangana Registration Rules, the registering authority has no jurisdiction to refuse to receive a document for registration on grounds dehors the limited scope prescribed therein and any such refusal, if at all, must be in writing with cogent reasons duly recorded. Therefore, learned counsel prays this Court to pass necessary orders in the present Writ Petition.

5. Learned Government Pleader submits that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.

6. 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 situated within his sub-district shall make an order of refusal and recorded 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.

Rule 58 of the Telangana Rules under the Registration Act, 1908, reads as follows :

“58. It forms no part of a Registering Officer's duty to enquire into the validity of a document brought to him for registration or to attend to any written or verbal protest against the registration of a document based on the ground that the executing party had no right to execute the document; but he is bound to consider objections raised on any of the grounds stated below:

a. that the parties appearing or about to appear before him are not the persons they profess to be;

b. that the document is forged;

c. that the person appearing as a representative, assign or agent, has no right to appear in that capacity;

d. that the executing party is not really dead as alleged by the party applying for registration; or e. that the executing party is a minor or an idiot or a lunatic.”

7. In view of the above submissions coupled with the provision under Section