Technologies Ftiuate Limited v. Gouernient if iian o

Judgment

2. Jeevadhara Society, Now known as a Diocese of Adilabad Society Mancherial represented by Fr. Michael S/o. Kunchuvarkey Aged about 88 Years, Rl/o. CMI Provincial House, Bellampalli District Mancherial. Medipalli Mallaiah, S/o. Papaiah Aged about 49 Years, R/o H No.51-57, Deepak Nagar, Mandamarri Mandal, Mancherial District. ...PETITIONERS AND

3. The State of Tetangana, Rep. by its Principal Secretary, Revenue Department Secretariat buildings, Hyderabad The District Registrar, Mancherial , Mancherial District. The Sub Registrar, Mancherial, Reddy Colony, Mancherial District. ...RESPONDENTS

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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in not receiving and registering the rectification deed of the petitioners dated 27.11.2024 Dry agricultural land Area A.0.20 gts equals to 0.20 hects in Sy No. 97 situated at Kyanthanpally Village Code No. 117 within the limits of Kyathanpally G.P. Revenue Mandal, Mandamarri District Adilabad this lands pass book No. 292978 is illegal, arbitrary, contrary to the provisions of Stamps and Registration Act and as well as the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents to receive and register the Rectification Deed in favour of the petitioners. lA NO: 1 OF 2024 Petition 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 I direct the 3rd respondent to receive and register the rectification deed in favour of the petitioners Dry agricultural land Area A. 0.20 gts = 0.20 hects in Sy No. 97 situated at Kyanthanpally Village Code No. 117 within the limits of Kyathanpalty G.P. Revenue Mandal, Mandamarri District Adilabad this lands pass book No. 292978 , forthwith pending disposal of the main writ petition. Counsel for the Petitioner: SRI K. BUCHI BABU Counsel for the Respondents: ASST. GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.35259 OF 2024 ORDER: Heard learned counsel for the petitioners ,and l.earned Assistant Govemment Pleader for Stamps and Registration appearing for respondents. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed praying to: "to declare the action of the 3d respondent in not receiaing and regisbing the rectifcation deed of the Wtitiotuls dnted 27.11.2024, Dry agicultural land Arcn Ac.0.20 gts in Sy No 97 situated at Kyantlwnpally Village, C-ode No.117 within the limits of Kyathnnpally, G.P.Rewnue Mandal, Mandamari Distict, Adilabad this lands pass book No.292978 is illegal, nrbitrary, mntrary to tle prooisions of Stamps and Registratiotr Act and as toell as the lundamental rights guaranteeil under the Constitution of lndia conxqwntly direct the respondents to receiue and rcgistrr the Rectifcatbn Deed in faoour of the ptitioners."

3. Facts rising to file this writ petition are that petitioner No.2 claims to be owner and peaceful possessor of the subiect land having purchased the same from petitioner No.1, vide document No.8576 / 2013, dated 21.06.2013, however the petitioners have mentioned the Survey No.97 instead of Survey No. 98 in the said document No.8576/2013. Upon releasing the mistake, petitioners have approached the respondent No.3 along with rectification deed in respect of correction of Survey number, however, the registering authority orally refused to register the same. Aggrieved by the same, this writ petition is filed. 2

4. Learned counsel lor the petitioners further submits that registering authority cannot orally reject the subiect document for registration without assigning any reasons and further draws attention of this Court to circular instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad oide Ci'r.ctiar Memo No.G3/9122/n24, dated,12.08.2024, which reads as under:- "Attention ofttte Sub-Registrars and Officers in tlrc address entry is inuited to the refererct cited., u.therein Hon'ble High Court, uthile disposing the W.P No. 16836/ 2O24 and batch coses, date* 09-07-2024 issued ummon orders wilh certain guidelines to the Registration Authoities and. instructiots to conetned parties. In complianrce with the orders oJ tle Hon'bl.e High Court, tte fouowing instructrons are issued. i) Wheneuer parties/ citizen approach to register tlrc doclments, the concemed. Sub-Registrar, sholl as e:qeditiouslg os possdble preferablg wtthin one ueek, eith.er register the doatment or poss refusal order, in tem6 of the Registration Act, 1908 and the Indion gamp Act, 1899 and cofiununicate th.e sarrre to the qncemzd. parties. In no cose, tle Sub-Registrars shall not rertlse the doatments orallg for regi,strotio4 ond. it must be folloued lty a utritten relusal orders. ii) In case documents are refused for registratioy the Sub-Regi.strars sha-ll inform the pro(pdure for relund of Sto;mp Dutg and registrqtion ch.arges to the concerned parties/ Citizens clearlg. The refund stwlt be stictl4 os per Indian Stamp Act, 1899 and Registration Act, 7908. iji) Sttb-Registrars shall maintain a uatch Register/ Gener.tl Diary (GD Book/ Entry Book/ Register) at euery Sub-Registru Ofice and to make entri.es of tle parties approachirlg tlte ofrce on a porticalot dnle and tin]€ for the Wrpose for rDhich theg approacted- the oJfi.ce, so as lo avoid interference, toneering and. misrepresentatiotL In uieut of the aboue Sub-Registrars are terebg dirercted to mottain a in tlrc ro rTnQ. All the Sub- Regnstrars shall inuaiablg maintain the regi-ster in the aboue proforma in tleir office ond shall be kept open to the dsiting public to the offce to record thet purpose for the fuhtre reference. The Distict Registrars shol.l ens.re that the a.boue Regnisters are opened and. mqintained in tle each Sub-Registrar Offi.ce on rerylar basis. ...t' I I iu) The registeing a thoities slwll Jollow ttrc qidelines issued in fiE cases of tlnigmyn Rajagopta _Chary a"iiri noa.sh qnd. M/s. Inuecta "1 Technologies Ftiuate Limited vs. Gouernient if iian o *cLa.sn ys. Srtre These irrctruations stnll. be follouled scrupulouslg. If ang cleuiotion is found, suitabre disciprinary qction taifi be initiateid. rnese iistruiaon-s u,itt nit supersede the citizen charter prescibed for uarious seruices rend.erea aj ti department.'

5. Learned Assistant Government preader for stamps and Registration did not dispute the same.

6. lt is pertinent to note that in terms of the said Circular, a the sub- Registrars shall invariably entertain the documents and they shall, as expeditiously as possible preferabry within a period of one weelg either register the document or pass refusal order, in terms of the Registration Act, 190g and Indian Stamp Act,1899 and communicate the same to the concerned parties; in case/ the Sub-Registrars shall not refuse the documents orally for . registration and it must be followed by a written refusal order. 7. In view of the above and without expressing any opinion on merits of the case, this writ petition is disposed of directing the Registering Authority to follow the Circular Memo No.G3/ 9122/ 2024, dated 12.08.20 24 and pass appropriate orders, as expeditiously as possible, preferably within a period of one (01) week from the date of receipt of the subject document and communicate the same to the petitioners.

8. With the above directions this writ petition is disposed of. Miscellaneous applications, if any pending shalr stand closed. No order as to costs. S D/. P. PADMAN ABHA REDDY ASSIS A T REGISTRAR //TRUE COPY// To, \ €* ON OFFICER

1. The PrinciPal Secretary, Revenue Department The State of Telangana' Secretariat building s, Hyd erabad 2. The District Reg istrar, Ma ncherial , Mancherial District. ColonY, Manch 3. The Sub Registrar, Mancherial, Reddy cate toPUCl 4. One CC to SRI K. BUCHI BABU, Advo EGISTRATION , High Court for the 5. Two CCs to GP FOR STAM PS AND R rial District State of Telangan a. [ouT]

6. Two CD CoPies B N/BN HIGH COURT DATED:2310112025 1 ORDER WP.No.35259 of 2024 ,0 { Fts ?ffi * * PATC DISPOSING OF THE WRIT PETITION WITHOUT COSTS o) W