✦ High Court of India · 16 Jul 2025

SATYAM SATYAVANI, Wo. Vidya Sagar SVN Aged v. Qlgf"p_slBggistration Bhavan

Case Details High Court of India · 16 Jul 2025
Court
High Court of India
Decided
16 Jul 2025
Bench
Not available
Length
1,153 words

Petition under Article 226 of the Constitution of lndia prayrng that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue writ, order or directron, more particularly one in nature of writ of mandamus or any other appropriate writ declaring the inaction of Respondent No.3 and 4 in considering my representation dated 01-10-2021 seeking refund of Rs.93,500 I (Rupees Ninety Three Thousand Five Hundred only) paid vide Challan No637UWK13092'1 dated 13-09-2021 towards Stamp Duty, Transfer Duty, Registration Fees, User Charges and Mutation Charges paid for execution of Gift Deed which could not be completed, as illegal, arbitrary and contrary to the provisions of The lndian Stamps Act, 1Bg9 and The Registration Act, 1908 and violative of Articles 14.21 and 300-4 of the Constitution of lndia and consequently direct the Respondent No.3 to 6 to forthwith refund the amount of Rs.93,500 /- (Rupees Ninety Three Thousand Five Hundred only) to the Petitioner along with interest at the rate of 12 'lo per annum from the date of challan cancellation (01-10-2021) till the date of actual refund lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the Respondent No.3 to 6 to forthwith refund the amount of Rs.93,500 /- (Rupees Ninety Three Thousand Five Hundred only) to the Petrtioner along with interest at the rate of 12o/o per annum from the date of challan cancellation (01- 10-2021) till the date of refund, pending disposal of the writ petition Counsel for the Petitioner: SRl. RAJKUMAR GUMMI Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER ,t I I I t ! I t t I + -rtlitr' -' 1::.'. THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2O34l of 2o25 ORDER: This Writ Petition is filed to declare the action of rcspondent Nos.3 and 4 rn not considering the representation of the petitioner dated 01.1O.2O21 seeking relund of Rs.93,5OO/- (Rupees Ninety Three Thousand Five F{undred only) paid uide e-Challan No.637UWK13O92 l, datt:d I 3.O9 .2021 tor,r,ards Stamp Duty, Transfer Duty, Registration Fees, User Charges and Mutation charges paid ibr cxecution of Gift Dced as illegal and arbitrary. 2 . I-ie ari ie arned counsel for the pe tition er, learned 1\ssistant Governmcnt Pleader for Stamps anC Itcgistration for thc respondents. With the consent of both i.hc parties, this u,rit petition ls disposed of at the stage of arl.m ission itself

3. It is the case of thc petitioner that she has paid iis.93,500/ (Rupccs Ninetv Three 'fhousand Five Hundred orll') towards Stamp Duty, Transler Duty, Registration 2 Fees, User Charges ancl Mutation chargt:s uidee -Challan No.637UWK130921, Catcd 13.O9'2OT.lor cxccrution of Gilt Deed u'ith rclerer-rce to regisllation oi plot Nc'229 admeasuring '1OO Sq.yards in Sai Ram '['ol't'Lsl.rip in Sun'cv Nos.5B6/E & A. 576, 577 , 591lAA, 591 I t\A2, 591/r\A3, 591IAA4, situated at Amei:npur Viltage, Amcc'trpur Mancial, Sangareddr District.

4. Lcarned coutlscl for thc pctitir.-lr'rcr sr-rbmits th:rL due to unforcseen circumstances, the tr;rt-r:-r:lr-tion betu'ccn parties cotrld uot be n-raterializr:d and thc parties havc agreed to cancel the tratlsaction ot-t O1.10.2O:2 l ln vieu' of the sarne, tl-rc pctitioner ilas submittcci :r t cprcsentation rlated Ol.lO.2021 to respondent No.4 lor rcfunrj of Stamp Duty, Translcr Duty, Re.gistration Fees, LJscr Cl-rarges arrd Mutation charges. As thcre was no rcrspollse liom tl-rt: respondenls, tire pctitioner was constraincd to approach this Court.

5. l.earned Assistant Clovernment Pleader ibr Stamps and Registration submitted thal under thc 3 provisions of Stamp Act, the respondent No.3-District Registrar 1S competent to refund the amount within a period of six months and after six months period, it is the Inspector General of Stamps and Registrations, who has to take a decision and due to the administrative reasons, the delay has occurred for refund of amount to the petitioner and in all likelihood, the amount would be refunded to the 11 t petitione r as expeditiously as possible.

6. Taking the above lacts and circumstalces into consideration, this Court is of the view that the amount deposited by the petitioner towards payment of stamp duty and registration charges cannot be withheid by the respondent authorities for a period of more thal one year and the respondents have to refund the amount.

7. Accordingly, this Writ Petition is disposed of directing the respondents to refund the amount of Rs.93,500/- (Rupees Ninety Three Thousand Five Hundred only) within a period of four (04) weeks from the date of receipt of copy of this order. i i I 4 Miscellaneous petitions, if any, pending in this Writ Petition shatl stand closed. There sha]l be no order as to COSTS To, SD/-P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// secrr}lr?rrcen 1 THE Principal Secretary to Finance Dept Dr. B.R Ambedkar Telangana ^ 9gg"tgr_,g! Hyderabad fetangana_S0002[ - 2. IHE COMMISSIONER AND_INSPECTOR GENERAL, (REgiStrAtiONS ANd ^ 9lglp_q)_Bgsi_stration Bhgyqt osmansunf M..l lvarr<et. Hy.i"rrii,i+biitioi''- 3. THE DTSTRICT REGTSTRAR, Sang; n6bdy oistrict xa'srpuiVirrrg", irnOi . VqlOql9qga Reddy. Tetansana 50)001. 4. THE JOTNT SUB RrcrStRAR, SANGA REDDY (RO) Kasipur Viilage, Kandi _ llqlOgt lqlga Reddy. Tetangana 502001 -- - ' 5 JHE DIRECTOR OF TREASURIES AND ACCOUNTS DEPARTMENT, 3Td ^ Ilqgr Bgt-qlqrn Buitding Titak Road Abids, HyJera;d_500001 6. THE DlsrRtcr TRE-ASURY oFFrcER iirie-giaieo coit"ctorrte comprex _ Sanga Reddy District Telangana-50200i Z. 9n" CC to SRT RAJKUMAR GUIMMt, Advocate tOpUCl 8 Iwo CCs to cp FOR FTNANCE pilnlttNC,itigh Cburt for the State of ^ Ielan_ganaat Hyderabad tOrTl- -'""'-"": 9. Two CD Copies - BM BS I l I t !! I 1 i il. \ .a ,-.', t.t ,)-' -- \! .\- '1 ; ... \ ,,!. a4 AUE 20n /' \: .7 2 * { t I * 4 , I t t t I t t : I HIGH COURT DATED:1610712025 ORDER WP.No.20341 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .// /,t ,//5 //<3 -L

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