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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HON’BLE SRI JUSTICE PULLA KARTHIK

WRIT PETITION No.9183 of 2026

Dated 30^th March, 2026.

Between:

Mr. Fiaz Ahmed Khan … Petitioner

AND

The State of Telangana, Rep. by its Principal Secretary,

Revenue Department, Secretariat, Hyderabad, and 2 others.

… Respondents

ORDER:

This writ petition is filed declaring the action of the respondent

No.3 in not receiving, registering and releasing Gift Deed 20.02.2026 of House bearing Municipal No.5-5-201 admeasuring 169.17 Square Yards situated at Darussalam, Nampally, Hyderabad as illegal and

arbitrary.

2. Heard Sri Mohammed Ismail Khan, learned counsel appearing for the petitioner, and Ms. S. Sravanthi, learned Assistant

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Government Pleader for Stamps and Registration, appearing for the respondents. With their consent, the writ petition is taken up for

disposal at admission stage.

3. During the course of arguments, learned counsel for the petitioner has confined his prayer and submits that respondent No.3 is refusing to receive and process the document sought to be presented by the petitioner in respect of House bearing Municipal No.5-5-201 admeasuring 169.17 Square Yards situated at Darussalam, Nampally, Hyderabad. Therefore, the learned counsel

prays this Court to issue suitable directions to the respondents.

4. Learned Assistant Government Pleader fairly submits that the respondents will follow the procedure contemplated under Section 71

of the Registration Act, 1908.

5. The following is the relevant extract of Section 71 of the

Registration Act, 1908.

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

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“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.

6. In view of the submissions made by the respective parties, coupled with the provision under Section 71 of the Registration Act, 1908, the Writ Petition is disposed of directing the Registering Authority to receive and process the document sought to be presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, duly assigning reasons in support of such decision and communicate a copy of the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. It is also made clear that mere registration of the document does not confer title on the subject

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property and this order would not have any bearing on all those matters where title/rights of the parties are pending, if any, before the authorities, either in revision/appeals for adjudication, and in any other case, this order also shall not preclude the parties in asserting

their rights before a competent Court of law.

Miscellaneous applications, if any, pending in this writ petition,

shall stand closed. No costs.

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JUSTICE PULLA KARTHIK Date: 30.03.2026.

SPD