Telangana High Court
Sri. Bejgam Kashinatham Belgam ... vs State Of Telangana on 10 January, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.205 OF 2025
ORDER:
Heard learned counsel for the petitioners and Learned Assistant Government Pleader for Stamps and Registration appearing for respondent No.1 and 2. Sri Farhan Azam Khan, learned standing counsel for Waqf Board appearing for respondent No.3. With their consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition is filed praying to:
"to declare the action of the respondents particularly the 2nd respondent in refusing to receive, register and release the release deed in respect of ½ share of open Plot.15 in Survey Nos.289 to 294, 306 part and 309 part admeasuring 200.00 Sq yards or 167.2 Sq mtrs Situated at Malkajgiri with in the limits of Greater Hyderabad Municipal Corporation Malkajgiri Circle and Malkajgiri Mandal-Medchal, Malkajgiri District as illegal arbitrary against the provisions of Registration Act and against the settled principle of law and consequently direct the 2nd respondent to receive register and release the release deed in respect of above property."
3. Facts rising to file this writ petition are that petitioner Nos.1 and 2 claims to be joint owners and peaceful possessors of the Plot.15 in Survey Nos.289 to 294, 306 part and 309 part admeasuring 200.00 Sq yards or 167.2 Sq mtrs Situated at Malkajgiri with in the limits of Greater Hyderabad Municipal Corporation Malkajgiri Circle and Malkajgiri Mandal-Medchal, Malkajgiri District and now petitioner No. 1 intends to alienate his share in favour of petitioner No.2. Subsequently, petitioners execute released deed 2 and presented the subject document for registration along with Challan No.785MSB231224, dated 23.12.2024 before respondent No.2, however, the registering authority orally refused to register the same. Aggrieved by the same, this writ petition is filed.
4. Learned Assistant Government Pleader for Stamps and Registration placed instructions of respondent No.2, reads as under:
"1. As per the Telangana State Waqf Board, Hyderabad, has furnished a list as Notified No.35, published in AP Gazeette, Part-II, dated 27.08.1987 issued by State Wakf Board in respect of 289 to 294, 306 part and 309 situated at Malkajgiri village, Malkajgiri Mandal falls under Wakf Board Property list and not to functions any transaction on above said Survey No.289 and 294, 306 part and 309 part.
2. As per this office Prohibited watch Register, furnished by O/o.Tahsildar, Malkajgiri Mandal, MM dist vide Lr.No.B/Spl/2015, dated 02.09.2015 has stated the Survey No.289 to 294, 306 part and 309 part is in Prohibitory property is a (WAKF Board) land."
5. At this stage, learned counsel for the petitioners submits that registering authority cannot orally reject the subject document for registration without assigning any reasons and further draws attention of this Court to circular instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad vide Circular Memo No.G3/9122/2024, dated 12.08.2024, which reads as under:-
"Attention of the Sub-Registrars and Officers in the address entry is invited to the reference cited, wherein Hon'ble High Court, while disposing the W.P No.16836/2024 and batch cases, dated: 09-07-2024 issued 3 common orders with certain guidelines to the Registration Authorities and instructions to concerned parties.
In compliance with the orders of the Hon'ble High Court, the following instructions are issued.
i) Whenever parties/citizen approach to register the documents, the concerned Sub-Registrar, shall as expeditiously as possible preferably within one week, either register the document or pass refusal order, in terms of the Registration Act, 1908 and the Indian Stamp Act, 1899 and communicate the same to the concerned parties. In no case, the Sub-
Registrars shall not refuse the documents orally for registration, and it must be followed by a written refusal orders.
ii) In case documents are refused for registration, the Sub-Registrars shall inform the procedure for refund of Stamp Duty and registration charges to the concerned parties/Citizens clearly. The refund shall be strictly as per Indian Stamp Act, 1899 and Registration Act, 1908.
iii) Sub-Registrars shall maintain a watch Register/ General Diary (GD Book/ Entry Book/ Register) at every Sub-Registrar Office and to make entries of the parties approaching the office on a particular date and time for the purpose for which they approached the office, so as to avoid interference, tampering and misrepresentation.
In view of the above Sub-Registrars are hereby directed to maintain a Register in the following proforma.
Sl.No. Date Time Name of Full Postal Contact Purpose of Signature Remarks
the Party address No. visit and of the
property party
details
All the Sub- Registrars shall invariably maintain the register in the above proforma in their office and shall be kept open to the visiting public to the office to record their purpose for the future reference. The District Registrars shall ensure that the above Registers are opened and maintained in the each Sub-Registrar Office on regular basis.
iv) The registering authorities shall follow the guidelines issued in the cases of Vinjamuri Rajagopla Chary Vs. State of Andhra Pradesh and M/s. Invecta Technologies Private Limited Vs. Government of Andhra Pradesh.
These instructions shall be followed scrupulously. If any deviation is found, suitable disciplinary action will be initiated. These instructions will not supersede the citizen charter prescribed for various services rendered by the department."
6. Learned Assistant Government Pleader for Stamps and Registration appearing for respondent No.1 and 2. Sri Farhan Azam Khan, learned standing counsel for Waqf Board appearing for respondent No.3 did not dispute the same.
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7. It is pertinent to note that in terms of the said Circular, all the Sub- Registrars shall invariably entertain the documents and they shall, as expeditiously as possible preferably within a period of one week, either register the document or pass refusal order, in terms of the Registration Act, 1908 and Indian Stamp Act, 1899 and communicate the same to the concerned parties; in no case, the Sub-Registrars shall not refuse the documents orally for registration and it must be followed by a written refusal order.
8. In view of the above and without expressing any opinion on merits of the case, this writ petition is disposed of, directing the Registering Authority to follow the Circular Memo No.G3/9122/2024, dated 12.08.2024 and pass appropriate orders, as expeditiously as possible, preferably within a period of one (01) week from the date of receipt of the subject document and communicate the same to the petitioners.
9. With the above directions this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
______________________________ N.V.SHRAVAN KUMAR,J 10.01.2025 Sha