Muni Reddy Bandi v. 1. The State of Telangana

Petition Under Section 151 CPC praying that in the circu.nstances stated in the affidavit filed rn support of the petition, the High Court mzry be pleased to grant interim order directing the 4th respondent to receive, register and release the Sale Deed in respect of Plot bearing No. 172lpart, VLTN No. 6200011860, admeasuring 213 Sq. yards or 178 Square Meters in Sy. No. 6,3/2, situated AT Raidurg NAW Khalsa Village, Serilingampally Mandal. under Gl JMC serilingampally circle. Ranga Reddy District, without reference to the letters dated 10/06/2021 communicated by the 2nd and 3rd respordents, pending disposal of main writ petition. Counsel for the Petitioner : SRI M.DAMODAR REDDY Counsel for the Respondents : AGP FOR REVENUE The Court made the following ORDER I j I i I Ill i I I I I I I I I ! ! t !i.t. conlrary to law and consequently direct the 4th respondent to receiVe, regidilar and release the Sale Deed sought to be presented by the petitioner in respe#t of the above house property at Raidurg Naw Khalsa villagd, without reference to the letter dated 10.06.202'l as communicated by the 2nd and 3rd respondents. --.;::. . ' I.A.NO:1 OF 2024 Fetition Under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim order directing the 4th respondent to receive, register and release the Sale Deed in respect of Plot bearing No. 172lParl, VLTN No.6200011860, admeasuring 213 Sq. yards or 178 Square Meters in Sy. No. 66/2, situated AT Raidurg NAW Khalsa Village, Serilingampally Mandal. under Gl JMC Serilingampally Circle, Ranga Reddy District, without reference to the letters dated 10/06/202'l communicated by the 2nd and 3rd respondents, pending disposal of main writ petition. Counsel for the Petitioner : SRI M.DAMODAR REDDY Counsel for the Respondents : AGP FOR REVENUE The Court made the following ORDER .1,i. + I : l HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.31726 of 2024 ORDER: Heard L:arned counsel for the petitioner ald learned Assistant Government Pleader for Stamps and Rr:gistration appea,ring for respondents. With their consent this writ petition is tzrl<en up lor disposal at the stage of admission itsell.

2. This rvrit petition is filed to declare the action of the respondents in issuing impugned letter dated \0.06.2021 directing respondent No.4 not to accept the saft: deed in respect of the plot bearing No. 172/Part, VLTN No.62OOO 1 1860 admeasuring 213 sq.yds., in Sy.No.66/2, at Raidurg NAW Khalsa Village, Serilingampally Mandal under GHMC Serilingampally Circle, Ranga Reddy District (subject property) is not part of any Government land and the action of respondent No.4 in not receiving the documents sought to be presented by the petitioner in respect of above plot b1'referring to the above letters dated 10.06.2021 of respondent Nos.2 and 3 as illegal and arbitrary and consequently direct respondent No.4 to receive. register and release the sale deed sought to be preSented by the petitioner. I

3. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of subject property obtained by way of registered sale deed bearing Doc.No.3382 /2023 dated 17.O4.2023. It is further submitted that the petitioner with an intention to sell the subject property had executed the sale deed and approached the respondent No.4 for registration. However, the respondent No.4 ora.lly refused to register the same by stating that the subject land is in prohibitory list. Aggrieved by the same this writ petition is filed.

4. Learned Assistant Government Pleader for Stamps and Registration has placed on record the instructions issued by the respondent No.4, which reads as under:- 'As a responded 4th in Writ Petition No. 10033/2024, I tuould like to submit that the Petitioner has approached this office and orally get the information about the Surueg Numbers in respect of Plot Nos. l39 and 152 in Sy /fos 289 and 290 admeasuing 120 Sq Yards uith plinth area of 940 Sq Feets situated at J K Colony Neredmet under GHMC Malkajigii Circle Malkajigirt Mandal M e dchal M alkaj ig iri Distict. 1. As per the Telangana State Waqf Board, Hyderabad No.F./{o. P2/ 21/ RR/ PROT/ 2O12,DT:24.02.2020, has furnished a list as Notifi.ed No. 37, published in AP Gazzeette, Part-II dated: 13.09.2001 issued by State Wakf Board in respect of 289 and 290 situated at J Malkajgin uillage, Malkajgiri Mandal falls under Wakf Board Propertg list and not to functions anA transactions on aboue said Surueg No. 289 and 290. 2. As per this office Prohibited uLatch Registrar, furnished bA O/ o. Tahsildar, Malkajgii MandaL, MM dist uide Lr No. B/Spl/2015, dt: 02.O9.2O15 l.uzs stated the Surueg No. 289 and 290 is in Prohibitory propertg is a (WAKF Board) land."

5. Learned Assistant Government Pleader fc.r Stamps and Registration has also placed on record tht: circular instructions issued by the Commissioner eLnd Inspector General of Registration and Stamps, Telangana, Hyderabad uid.e Circular Memo No.G319122 12024, dated 12.O8.2O24, which reads as under:- "Attention of the Sub-Registrars and Officers in tle address entry is inuited to ttrc reference cited, wherein Hon'ble High Court, while disposing the W.P No.16836/2024 and batclt cases, dated: 09-07-2024 issued common orders uith certain guidelines to the Registration Authoities and instructions to concerned parties. In <:ompliance uith the orders of the Hon.'ble High Court, the following instructions are issued. i) Wheneuer parties/ citizen approach to register tte document s, the concerned Sub-Registra.r, .shall as expeditiottslA as possible preferablg within one ueek, either reqister the document or pass refu.sat ord.er, in terms of the Registration Act, lgOB and the Ind.ion Stamp I I ) 4 Act, 1899 and communicate the same to the concerned parties. In no case, the Sub-Registrars sLtall not refuse the documents orally for registratton, and. it must be jollowed bg a written refusal orders. ii) In case documents are refused for registration, the Sub_ Registrars shall inform. tLe procedure for refund of Stamp DutA and registration charges to the concerned parties/_Citizens clearly. The refund. stnil be strictLg as per Indian Stamp Act, 1899 and Registration Act, I 9OB. iii) Sub-Registrars shall maintain a ttatch Register/ General Diary pD Book/ Entry Book/ Register) ai euery Sub-Registrar Offi.ce and to make entrie{ of the partiJs approaching tLLe office on a particular date and time for the purpose for uthtch theg approached th.e ofJice, so ai to au oid interference, tamp ering and misrepre se ntation. In uiew of the aboue Sub-Registrars are hereby directed to maintain a Register in the follouing proforma. .S1.fio Date Time of th.e PartA Full Postal address Contact INo. I I I I Signature Renrarks Purpose of tisit propertA detatls All the Sub- Registrars shaLl inuariablg maintain the register in the aboue proforma in their offtce and shaLl be kept open to th_e uisiting public to the office to record their purpose for the future reference.' The Distict Registrars shall ensure that the aboue Regrsters are opened and maintained. in the each Sub_ Regi"strar Office on regular basis. i.u) The registering authorities shall foilow the guid.elines issued in the cases of Vinjamuri Rajagopla ihary Vs. State of Andhra prad.esh oid tW/ s. iluJcio Technologies Priuate Limited Vs. Gouemment of Andhra prad.esh. These instructions shall be follou_ted scrupulouslg. If ang deutation is found, suitable disciplinary action utill be initiated. Th-ese instructions w l not superied.e the citizen charter prescibed for uarious seruicei rend.ered_ bg the department.' ,/ 5

6. Learned Assistant Government Pleader lor Stamps and Registration submits that if the petitioner submits the subject document before the registering authorities the same wouid be considered and appropriate orders in will be passed ln accordance rvith law.

7. At this stage, learned counsel for petitioner submits that the petitioner may be permitted to submit the subject document belbre the registering authorities and ftLrther pray this Court to direct the registering authorities to consider the same for registration. B. It is pertinent to note that in terrns of the said Circular, all the Sub-Registrars shall examine the Cocuments presented by the petitioner for registration and thereafter shall, as expeditiouslv as possible preferably within tr period of one week, either r-egister the document or pass refusal order, terms of the Registration Act, 1908 and Indirrn Sitamp Act, 1899 and communicate the same to the concerned parties; in any case, the Sub-Registrars shall not refuse the rlocuments orally for registration and it must be followed bv a written refu sa-l order I I 6

9. In view of the above and without expressing any opinion on merits ol the case, this writ petition is disposed of, with a libertlr to petitioner 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 of one (01) week from the date of receipt of the subject document, by duiy assigning reasons in support of such decision and communicate the said decision to the petitioner.

10. With the above directions this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY.// SD/.A.V,S.PRASAD ISTANT REGISTRAR AS SECTION OFFICER

1. The Principal Secretary, Revenue (Stamps and Regrstration) Department, 2 ., 4 Secretariat, State ofTelangana at Hyderabad. The District Collector, Ranga Reddy District Office at Lakdikapul, Hyderabad. The Thasildar, Serilingampally Mandal, Ranga Reddy District. The Sub Registrar, Serilingampally, Ranga Reddy District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI M.DAIVODAR REDDY, Advocate IoPUCI b 7. Two CD Copies I \ To SA GJP ( * l HIGH COUR DATED:2810112025 ORDER WP.No.31726 of 2024 t q o I y 7 o .}).i4 l 11 [?fr ?ffi .t DEili PA1t. i-.( DISPOSING OF THE W.P WITHOUT COSTS. f+ tWT-r I I I l €