M. Pallavi, Wo v. Mahender Reddy, Age

Petition under Article 226 of lhe 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 the nature of Writ of Mandamus declaring the act of Respondent Nos.2 and 3 in not refunding ...RESPONDENTS &,- Cvv- U I stamp amount of Rs. 3,95,4741- (Rupees Three lakhs Ninety five thousand Four hundred and Seventy four only) paid vide Challan No. REG2'l 01098'12 in regard with unsuccessful registration of agricultural land to extent Ac.0-30009ts. In survey No. 439lRUl1l1l2l1, Kawaguda village, Shamshabad Mandal, Rangareddy District as illegal, arbitrary, unreasonable, violative of Articles 21 and 300-A of the Constitution of lndia, contrary to G.O. Ms. No. 178, Revenue (Regn-l) Department, dated 05/08i2017, G.O. Ms. No. 92, Revenue (Regn-l) Department, dated 09/05/2018, Government circular Memo No. Revenue/ 6309/ Assn.l(1)l 2021-1 , dated 19-03-2021 , and consequently direct the Respondent Nos.2 and 3 to refund to the Petitioner the stamp duty. transfer duty, and Registration fee amount of Rs. 3,95,4741 (Rupees Three lakhs Ninety five thousand Four hundred and Seventy four only) paid vide Challan No. REG210109812 along with 24 7o interest per annum. 1A NO: I OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the Respondent No.2 to consider Petitioners representation dated- 21 .04.2025, pending disposal of Writ petition. Counsel for the Petitioner: SRI K.RAVI KUMAR Counsel for the Respondent No.1 & 3 to 6: AGP FOR REVENUE Counsel for the Regpondent No.2 & 7: AGP FOR FINANCE The Court made the following: ORDER // THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.212OO of 2o25 ORDER: This Writ Petition is liled to declare the action of respondent Nos.2 and 3 in not refunding stamp amount of Rs.3,95,474/- (Rupees Three lakhs ninety five thousand four hundred and seventy four only) paid vide Challart No.REG2 1Olo98l2 in regard r,t'ith unsuccessful registration of agricultural land to extent of Ac.O-30OO guntas in Sy.No.439/RU ll l1l2ll, Kawaguda Village, shamshabad Mandal, Rangareddy District as illegal, arbitrar5r andviolative of Articles 2L and 300-A of the Constitution of India, contrar5r to G.O.Ms.No.178, Revenue (Regn-l) Department, dated

05.08.2017, G.O.Ms.No.92, Revenue (Regn-I) Department, dated 09.O5.2O 18, Government Circular Memo No.Revenue/63O9lAssn.l(ll /2021-1, dated 19.O3.2021 and consequently direct the respondent Nos.2 and 3 to refund to the petitioner the stamp duty, transfer duty, and registration fee amount of Rs.3,95,474/- (Rupees Three lakhs ninety hve thousand four hundrcd and seventy four only) paid vide Challan No.REG2 101098 12 along with 24o1, interest per 2 sK,J W.P.No.2l2OO of 2025 annum.

2. It is the case of the petitioner that shc intended to purchase agricultural land admeasuring to an cxtcnt of Ac.O-

30.00 guntas in Sy.No.439IRUIIILl2l1, Kawaguda Viltage, Shamshabad Manda-I, Rangareddy District. She remitted requisite stamp duty, transfer duty ald registration fee vide Challan No.REG2 10109812 generated through Dharani Porta,l for execution of sale deed. She bookcd slot for registration on 15.12.2021. Due to technical problem 1n Dharani Portal, the petitioner has cancelled the said slot and made application on 21 .O4.2025 in Dharani Portal for refund of Rs.3,95,4741- paid through e-Challan No.REG210109812 towards requisite stamp dut5z, transfer duty and registration fee and decided not to go ahead with the sale transaction. As there is no response from the respondents, the pr:l itioner has constrained to approach this Court.

3. Learned Assistant Government Pleader submitted that under the provisions of Stamps Act, the District Collector is .competent to refund the arnount within a periocl of six (6) Itronths and after six months period, it is the Inspector sK,J w.P.No.2l2OO ot 2025 Genererl 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 petitioner as expeditiously as possible.

4. Taking the above lacts and circumstances into consideration, this Court is of the view that the amount deposited by the petitioner towards payment of stamp duty and registration charges could not have been withheld by the respondent authorities for a period of more than one year and the respondents have to refund the amount.

5. Accordingly, this Writ Petition is disposed of directing the respondents to refund the amount of Rs.3,95,4741-withtn a period of four (04) weeks from the date of receipt of copy of this order.

6. Miscellaneous petitions, if any, pending in this Writ Petition sha-Il stand closed //TRUE COPY// SD/.K.S.R.MURTHY DEPUW REGISTRAR To, SE"(korr,"r* 1. The Principal Secretary to Revenu-e- D-e-pt Dr' B R Ambedkar Telangana Secretariat, Hyderabad, Telangana-5uuu22 z The Princioal Secretary to Finance Dept Dr' B R Ambedkar Telangana -' Selretariati Hyderabad, Telangana-500022

3.TheChiefCommissionerofLandAdministration,NampallyStationRoad. Abids, HYderabad- 500001.

4. The Commissioner And Telangana, Registration 500001 lnsoector General, (Registrations and Stamps)' b;5;il o-smanquni, M.J Martet, Hvderabad- 5 The District collector, lntegrated District office complexes. Konoarakaran village, lbrahimpatnam Mandat, Ranga Reddy District, i;i;;g;ra'sdi 51 O*'"" Sub Registrar, Shamshabad Mandal, District,

6. The Tahsildar and Jt Telangana-501510. 7. The District Treasurv Kongarakalan Villaqe.' Telangana 501 5'10. - Officer, lntegrated District Office Comolexes. .lbrahimpatnam Mandal, Ranga Reddy District, B. One CC to SRt K.RAV| KUMAR, Advocate [OPUC] 9. Two ccs to GP FoR REVENUE, High court for the State of rerangana at Hyderabad [OUT]

10.Two ccs to GP FoR FTNANCE, High court for the state of rerangana at Hyderabad [OUT]

1.1 .Two CD Copies BSR s HIGH COURT DATED:2 210712025 \ \ ORDER WP.No.21200 of 2025 eJ o () lHE SI. I4: o 05 tlJE mfr Dlq^er C,.i- I I DISPOSING OF THE WRIT PETITION, WITHOUT GOSTS [,0? tr-\,,