✦ High Court of India · 16 Jul 2025

The High Court · 2025

Case Details High Court of India · 16 Jul 2025
Court
High Court of India
Decided
16 Jul 2025
Bench
Not available
Length
1,273 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction, more particularly one in nature of writ of mandamus or any other appropriate writ declaring the inaction of Respondent No.5 in considering my representation dated 16-06-2025 seeking refund of Rs.1,54,533 /- (Rupees One lakh fifty four thousand five hundred thirty three only) paid vide e-Challan No. REG2100539541 dated 01:07-2021 towards Stamp Duty, Mutation Charges, PPB Charges, Transfer Duty, Registration Fees and Haritha Nidhi for Registration of intended sale Deed and subsequenfly cancelled slot on 01-07-2021 and Refund ld. generated vide RR2100006734, as illegal, arbitrary and contrary to the provisions of The lndian Stamps Act, 1899 and The Registration Act, 1908 and viotative of Articles 14.21 and 300-4 of the Constitution of lndia and consequen y direct the Respondent No.4 to 6 to forthwith refund the amount of Rs 1,54,5331 (Rupees One lakh fifty four thousand five hundred thirty three only) to the petitioner along with interest at the rate ol 12o/o per a nnum from the date of slot cancellati on (01-07 -2021 ) titl the date of actual refund lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the Respondent No.4 to 6 to forthwith refund the amount of Rs..l ,54,533 l(Rupees One lakh fifty four thousand five hundred thirty three only) to the Petitioner along with interest at the rate of 12% per annum from the date of slot cancellation (01-07 -2021) till the date of refund, pending disposal of the writ petition Counsel for the Petitioner: SRl. RAJKUMAR GUMMI Counsel for the Respondent Nos. .l,3to6: AGp FOR STAMPS Counsel for the Respondent Nos. 2&7: AGp FOR FINANCE AND PLANNING AND REGISTRATION The Court made the following: ORDER I rf) THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2O334 of 20125 ORDER: This Writ Petition is frled to declare the action of respondent No.5 in not considering the representation of the petitioner dated 16.06.2025 seeking refund of Rs.i,54,533/- (Rupees One Lakh Fifty Four Thousald Five Hundred and Thirty Three only) paid uide e-Challan No.REG2iOO53954 1, dated 01.07.202 1 towards Stamp Duty, Mutation Charges, PPB Charges, Transfer Duty, Registration Fees and Haritha Nidhi, paid for registration of intended sale deed and subsequently cancelled slot on 01.O7.202I ald refund ID generated vide No.RR2 100006734, as illegal and arbitrary

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Stamps and Registration for the respondent No. 1, 3 to 6 and learned Assistalt Government Pleadcr for Finance and Planning appearing for respondent No.2 and 7. With the consent of 2 both the parties, this writ petition is disposed of at the stage of admission itself.

3. It is the case of the petitionei' that she has paid Rs.1,54,533/- (Rupees One Lakh Fifty Four Thousand Five Hundred and Thirty Three only) towards Stamp Duty, Mutation Charges, PPB Charges, Transfer Duty, Registration Fees ald Haritha Nidhi, uide e-Challan No.REG2 10053954 1, dated Ol.O7.2O2l for registration ol agricultural land admeasuring Ac.0.255 guntas in Survey No.483eoo/2 of Pochampally Viilage, B.Pochampaliy Mandal, Yadadri Bhuavanagiri District .

4. Learned counsel for the petitioner submits that due to unforeseen circumstances, the tra:rsaction between parties could not be materialized and the parties have agreed to cancel the slot booked in Dharani Portal on O1.O7.2O2I for refund of Rs. 1,54,533/- paid through e-Challan No.REG2 100539541. In view of the same, the petitioner has submitted a representation dated 16.06.2025 to respondent No.S-the District Collector for refund of said J amount paid towards Stamp Duty, Transfer DuW, Registration Fees, User Charges and Mutation charges. As there was no response from the respondents, the petitioner was constrained to approach this Court.

5. Learned Assistant Government Pleader for Stamps and Registration submitted that under the provisions of Stamp Act, the respondent No.5-District Registrar 1S competent to refund the amount within a period of six months and after six months period, it is the Inspector Genera-l of Stamps and Registrations, who has to take a decision arrd 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 I petitioner as expeditiously as possible.

6. Taking the above facts and circumstances into consideration, this Court is of the considered view that the amount deposited by the petitioner towards pa5,.rnent of stamp duty and registration charges cannot be withheld by 4 X the respondent authorities for a period of more than 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. 1,54,533/- (Rupees One Lakh Fifty Four: Thousand F-ive Hundred ald Thirty Three only) within a period of four (04) weeks from the date of receipt of copy of this order. Miscellaneous petitions, if arly, pending in this Writ Petition shal1 stand closed. There shall be no orcier as to costs. SD/.P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTI OFFICER i, i I \ I | ,jl To,

1. THE Principal Secretary to Revenue Dept Dr. B.R Ambedkar Telangana Secretariat, Hyderabad, Telangana-500022

2. THE Principal Secretary to Finance Dept Dr. B.R Ambedkar Telangana Secretariat, Hyderabad, Telangana-500022.

3. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, Nampally Station Road. Abids, Hyderabad- 500001.

4. THE COMMISSIONER and INSPECTOR GENERAL, (Regrstrations and Stamps), Telangana, Registration Bhavan, Osmangunj, M.J Market, Hyderabad-500001 , Yadadri Bhuvanagiri District, Telangana-508284. (V), Bhongir (M) Yadadri Bhuvanagiri District Telangana- 508116

5. THE DISTRICT COLLECTOR, lntegrated District Office Complexes, Raigiri 6. THE TAHSILDAR and JT SUB REGISTRAR, B.Pochampally Mandal, "7. THE DISTRICT TREASURY OFFICER, lntegrated Diskict Office Complexes, Raigiri (V), Bhongir (tt/) Yadadri Bhuvanagiri District Telangana- 508116 B. One CC to SRl. RAJKUMAR GUIvltMl, Advocate [OPUC] 9. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the 10.Two CCs to GP FOR FINANCE AND PLANNING, High Court for the State of State ofTelangana at Hyderabad [OUT] Telangana, at Hyderabad [OUT] 1 1 . T'wo CD Copies I t/ {al: '".'*{X"..-.-=.-'*-.qd***ta:*:!rys. '.-'< -- ?:3-{-:'{:"qt'*'- --'-- BM BS I I HIGH COURT DATED:161O712025 i, t !? t .i, ,q -: ---=i-:--\- /----: ,,, -..{ I :,.- ..: ln \ ; \, 04 AlJ6 26 \.:1, ,-^-.. ,i ORDER WP.No.20334 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/r I zt. 4,/9 r/<f

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