Telangana High Court
Mrs. Rajitha Vongala vs State Of Telangana on 27 December, 2024
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.22482 of 2024
ORDER:
Heard learned counsel for the petitioners and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 4. With their consent this writ petition is taken up for disposal at the stage of admission itself.
2. This Writ petition is filed seeking the following prayer:-
"to declare the action of the 3rd respondent in not receiving registering and releasing the Sale Deed submitted by the petitioner in respect of the Plot bearing Nos.81 & 82, in Survey No.5/3, admeasuring 311 Square Yards or 260 Square Meters each, situated at Raidurg Pan Maqtha Village, Serilingampally Mandal, Under GHMC Serilingampally Circle, Ranga Reddy District, as illegal, arbitrary, contrary to law, violative of the provisions of the Registration Act, 1908, discriminatory, unconstitutional and in violation of Articles 14 and 300A of the Constitution of India in the facts and circumstances set out hereunder and consequently set aside the Notification dated 26.09.2013 of the 4th respondent by directing the 3rd Respondent to receive, register and release the Sale Deed documents presented by the petitioners in respect of the aforesaid property without reference to the notification of the 4th respondent dated 26.09.2013 and without insisting for any clearance from the Revenue Authorities."
3. Learned counsel for the petitioners submits that the petitioner No.1 is the owner and possessor of the Plot bearing Nos.80, 81 & 82, in Survey No.5/3, admeasuring 1057 Square Yards or 883.65 Square Meters, situated at Raidurg Pan Maqtha Village, Serilingampally Mandal, Under GHMC Serilingampally Circle, Ranga Reddy District, having acquired the same 2 through registered sale deed dated 11.12.1989. It is further submitted that the petitioner No.1 with an intention to sell the subject property to petitioner No.2 executed the sale deed and approached the respondent No.3 for registration. However, the respondent No.3 orally refused to register the same on the ground that land in Sy.No.5 of Raidurg Pan Maqtha Village was kept under prohibitory list. Aggrieved by the same this writ petition is filed.
4. Learned Assistant Government Pleader for Stamps and Registration on instructions submits that as per notification issued by the Collector, Ranga Reddy, in file E5/3387/2024 Serilingampally/Maqtha Mahaboobpet dated 03.10.2024, land to an extent of Ac.0.10 Gts in Survey No.5 of Raidurg Pan Maqtha Village is declared as sarkari land and prohibited for registration. Learned Assistant Government Pleader 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.
In compliance with the orders of the Hon'ble High Court, the following instructions are issued.3
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."
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5. Learned Assistant Government Pleader for Stamps and Registration submits that if the petitioners submit the subject document before the registering authorities the same would be considered and appropriate orders in will be passed in accordance with law.
6. At this stage, learned counsel for petitioners submits that the petitioners may be permitted to submit the subject document before the registering authorities and further pray this Court to direct the registering authorities to consider the same for registration.
7. It is pertinent to note that in terms of the said Circular, all the Sub- Registrars shall invariably examine 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 the issue raised, this writ petition is disposed of, with a liberty to petitioners to approach the Registering Authority with the subject document and thereafter it is open to the Registering Authority to register/refuse the subject document, as expeditiously as possible, preferably within a period 5 of one (01) week from the date of receipt of the subject document, by duly assigning reasons in support of such decision and communicate the said decision 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 27.12.2024 Su