Telangana High Court
Kotturi Nageshwar Rao vs State Of Telangana on 25 October, 2024
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.29471 of 2024
ORDER:
This Writ Petition is filed seeking to declare the action of respondent No.2 in refusing to receive and register the documents presented by the petitioner in respect of the residential house bearing No.25-40/34/5, in Plot No.107, admeasuring 300 square yards or 240.8 square meters in Survey Nos.533 to 536 & 593 to 595, situated at CIEFL Colony, East Anandbagh, under Malkajgiri Municipality and Mandal, Medchal-Malkajgiri District, as if there was a claim of respondent No.3-Wakf Board in respect of the said survey numbers, which is illegal, arbitrary, contrary to the catena of judgments passed by the Hon'ble Courts and violative of Articles 14 and 300-A of the Constitution of India and for other appropriate reliefs.
2. The Petitioner claims to be the owner and possessor of house property bearing No.25-40/34/5, in Plot No.107, admeasuring 300 square yards in Survey Nos.533 to 536 & 593 to 595, situated at East Anandbagh, Medchal-Malkajgiri District. It is stated that the petitioner intended to alienate the said property and accordingly approached respondent No.2 2 CVBR, J Wp_29471_2024 herein with a request to receive the documents for registration. The grievance of the petitioner is that respondent No.2 is refusing to receive the documents for registration on the ground that respondent No.3 made a request not to register the same.
3. Considered the submissions made by Sri Sricharan Telaprolu, learned counsel for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 and 2 and Mr.Farhan Azam Khan, learned Standing Counsel for the Waqf Board appearing for respondent No.3 and with their consent this writ petition is disposed of at the admission stage.
4. Learned Assistant Government Pleader for Stamps and Registration has placed on record the 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 common orders with certain guidelines to the Registration Authorities and instructions to concerned parties.3
CVBR, J Wp_29471_2024 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 Contact Purpose Signature Remarks
the Party Postal No. of visit of the
address and party
property
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.
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CVBR, J Wp_29471_2024
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."
5. 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; all the Sub-Registrars shall invariably maintain the register in the prescribed proforma and shall be kept open to the visiting public to the office to record their purpose for the future reference; and the registering authorities shall follow the guidelines issued in the cases of Vinjamuri Rajagopala Chary 5 CVBR, J Wp_29471_2024 vs. Revenue Department 1 and M/s.Invecta Technologies Pvt.Ltd., and others v. Government of Andhra Pradesh 2.
6. In view of the aforesaid circular instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, vide Memo No.G3/9122/2024, dated 12.08.2024, this Court deems it appropriate to dispose of the writ petition by directing the registering authority to examine the documents presented by the petitioner for registration and if it is found that the said documents fulfil the conditions in terms of the aforesaid circular instructions, he shall process the same and complete the registration. If on the other hand, there exist any grounds that enable the registering authority to refuse registration, he shall pass a refusal order, in terms of the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899 and the Rules made thereunder, and communicate the same to the petitioner.
7. With the above observations, this writ petition is disposed of. There shall be no order as to costs.
1 2016 (2) ALD 236 (FB) : 2015 SCC OnLine Hyd 407 2 2024 (1) ALT 272 6 CVBR, J Wp_29471_2024
8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 25.10.2024 NOTE: Issue C.C. in three days.
B/o JSU