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2025 DAILYLAW 163217 (ALL)

DR. RAIS AHMAD SHAH v. STATE OF U.P. THRU. SECY. STAMP AND REGISTRATION LKO. AND 3 OTHERS

WRIC/8777/2025 · 2025-09-11

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8777 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the State. 2. This petition has been filed with the following main prayer:- "to issue a Writ, Order or Direction in the nature of mandamus directing the Opp. Parties to register the Gift deed dated 04.08.2025 as contained in Annexure No.1." 3. It has been submitted by learned Counsel for the petitioner that the petitioner wished to gift area of 929.03 Sq. mtrs. in khasra no.243 min. situated at Mohalla Mohammadpur Chouki, Pargana Dewa, District Barabanki to his wife and executed a gift deed in her favour on 04.08.2025. In pursuance of Government Order dated 18.06.2022, he is also willing to pay stamp duty on gift deed of Rs.5,000/-. However, the Sub Registrar, Sadar, Barabanki, has refused to register the said gift deed. The petitioner visited the office of the Sub Registrar, Counter No.3, in District Barabanki, but the respondent no.4 without assigning any reason has not registered the gift deed. No order has been passed in writing as is required under Section 71 of the Registration Act, 1908. 4. This petition is disposed of with a direction to the respondent no.4- the Sub-Registrar, Sadar, Barabanki, to pass a reasoned and speaking order Versus Counsel for Petitioner(s) : Syed Aftab Ahmad, Meghna Singhal Counsel for Respondent(s) : C.S.C. Dr. Rais Ahmad Shah .....Petitioner(s) State Of U.P. Thru. Secy. Stamp And Registration Lko. And 3 Others .....Respondent(s) on the application of the petitioner for registration of gift deed in favour of his wife within a period of two weeks from the date a certified copy of this order is produced before him. September 11, 2025 Rahul WRIC No. 8777 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench