High Court · 2025

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, or any other appropriate Order one in the nature of a WRIT OF MANDAMUS, declaring the action of the Respondent No.4 not receiving, registering and releasing the Sale Deed. in favour oi the prospective purchasers placed by the Petitioners for FIat bearing No.B2-40g, (Municipal No.1-941112111821409) and (vn No.1261111465),4th Floorof The Nest in Block-B, (Block-B2), having plinth area 144O Sq. feet (including common area) and two car parking 200 Sq. feet, along with an undivided share of land 54.89 Sq. yards (out of 11495 Sq. yards) constructed land in Sy.No.195/part, 196/part and 19713, situated in Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District, without disclosing any reason, as illegal, arbitrary in violation of principles of natural justice and in violation of Articles 14 and 21 of the Constitution of lndia and also against the equity and consequenfly direct the Respondent No.4 to receive, register and release the SaleDeed olaced by the Petitioners herein for Flat bearing No.82-409, (Municipal No.1-94l1t2t1lB2l4og) 86 (PTl No.1261111.+65), 4th Floor of The Nest in Btock-B, (Btock-B2), having plinth area 1440 Sq. feet (including common area) and two car parking 200 Sq. feet, along with an undividLd share of land 54.89 Sq. yards (out of 114g5 Sq. yards) constructed land in Sy.No.195/part, 196/part and 197t3, situated in Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District lA NO: 1 OF 2024 Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed ir support of the petition, the High court may be pleased to direct the Respondent No.4 to receive, register and release the sqle Deed in favour of the prospective purchasers placed by the petitioners for Flat bearing No.82-409, (Municipal No.1-94l 1t2t 1lB2t4O9) 86 (pTt No.126.t i1.1465), 4th Floor of "The Nest" in Block-B, (Block-B2), having plinth alea 144O Sq. feet (including common area) and two car parking 200 Sq. feet, along with an undivided share of land 54.89 Sq. yards (out of 11495 sq. yards) constructed land in sy.No.19S/part, 196/part and 197t3, situated in Manikonda .Jagir village, Rajendranagar Mandal, Ranga Reddy District Counsel for the Petitioner: SRt. M. A. H. AMZAD Counsel forthe Respondent Nos. 1to4: AGp FOR STAMPS AND REGISTRATION Counsel for the Respondent No.S: SRI FARHAN AHMED KHAN, SCFORWAQFBOARD. The Gourt made the following: ORDER THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.36325 of 2024 ORDER: This writ p6tition is filed seeking the following prayer: .WRIT OF MANDAMUS decloing the action of the Respondent No.4 not receiuing registeing and releasing the Sale Deed in fauour of the prospectiue purchasers placed by the Petitioners for FIat beaing No.B2-409, Municipol No.1-94/ 1/ 2/ 1/82/4O9, PTI No.1261 1 1 1465 4th Ftoor of 'The Nest" in Block-B, (Block-B2) houing pli1th area 1440 Sq. feet (including common area) and tu)o car parking 2OO Sq feet, along u.tith an undiuided share of land 54.89 Sq. gards (out of 11495 Sq gards) constructed land in Sg.No.195/part, 196/part and 197/3, siht.ated in Manikondo Jagir Village, Rajendranagar Mandhl, Ranga Reddg Distict utithout disclosing anA reason as illegal arbitrary in uiolation of pinciples of natural justice and in uiolation of Articles 14 and 21 of the Constitution of India and .also ogainst the equity and consequentlg direct the Respondent No 4 to receiue register ond release the Sale Deed placed bg the Petitioners herein for Flat beaing No.B2-4O9, Municipal No.1-9a/ 1/2/ 1/82/409, PTI No.1261 1 1 1465 4th Floor of 'The Nest" in Block-B, (Block- 82) Lnuing plinth area 1440 Sq. feet (including common area) and hoo car parking 2O0 Sq feet, olong rttith an undiuided share of land 54.89 Sq. gords (out of 11495 Sq gards) constructed land in Sy.No.195/part, 196/part and 197/ 3, situated in Manikonda Jagir Village, Rajendronogar Mandal, Ranga Reddy Distict and pass."

2. Heard learned counsel appearing for the petitioners, learned Assistant Government Pleader for Stamps and NVSK,J W. P.Nc.36325 of 2024 2 Registratiorl appearing for respondent Nos.1 to 4 a,d Sri Farhal Ahmed Khan, learned Standing Counsel appearing t,cr respondent No.5. perused the recor.d.

3. Petitioners are claiming that they. are the joint owrters and possessors of Flat bearing No.82_409, Municipal lrro.l-94l 1 /2/ l /82/409, prr No.1261 1 1 1465 4th Floor c,f ,The Nest,, in Block_B, (Block_B2) .having plinth area J.44O Sq. feet (including common area) and two car parking 200 Sq feet, along with an undivided share of lald 54.g9 Sq. yards (out of Il4gS Sq yards) constructed land in Sy.No. 195/part, 196/part ancl. 197 /3, situated in Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District, having purchased the same under a registered sale deed bearing document No.11434 of 2tO22, dated 12. L2.2022. 4 Now, the grievance of the petitioners in the present wnt petition is that when the petitioners herein approached respondent No.4 to executed a registered sa-le a 3 NVSK,J W.P.No.36325 of 2024 deed in favour of their prospective purchaser, respondent No.4 refused to register the SaIe deed and also not disclosed valid reasons. Therefore, petitioners filed the fresent Writ Petition.

5. Learned counsel appearing for the petitioners fairly submits that the subject document i.e., sale deed executed in favour of their prospective purchaser has not been frled before this Court. However, he submits that the same would be presented before respondent No.4. He also submitted that the petitioners herein purchased the subject property as per the orders passed by this Court in W.P.No.427 48 of 2022, on 25.). 1.2022.

6. Learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos. 1 to 4, on instructions, would submit that respondent No.4 will receive and process the sale deed, in accordance with law and as per the provisions of the Indian Stamp Act, 1899 and Registration Act, 19O8. NVSK,J W.P.No.36 325 of 2024 4

7. Howeve.r, at this juncture, it is not out of l)lace to refer Sections 32 arrd 34 of the Registration Act, 190g and Circular Memo No.G3/9122/2,024, dated

12.08.2024. rvhich reads as under: "32. Persons to present d.ocuments .for registration.-Except in the cases mentioned_ hL l [sectiotts 3 1, 88 and 89], euery d.ocuntent to be registered under this Act, u-thether such registration be contpulsory or optionol, shalt be presented_ at the pro per re g ist ra t ion-office, - (a) bg some person executing or claiming und_er the same, or, in the case of a copg of a decree'o, orri.r, claimtng under the decree or order, or (b) bg ,lhe representatiue or assign of such. a person, (c) by t:he agent of such a person, representatiue or assign, dulg authorized by pouter-oJ attorneA execltted and authenticated in manner hereinafter mentiorted. 34. Enquiry before registration bg registering offt.cer -(1) Subject to the prouisions corttained in this Po,4 and in sections 41, 43, 45, 69, .,,5, ZZ, gB and 89, no document shalt be registered_ under th:is Act, uniess the persons exeanting such doolment, or tLrcir reytresentatiues, assigns or agents autlTorized. (ts NVSK,J W.P.No.36325 of 202a 5 aforesoid, appear before the registeing officer uithin the time allowed for presentation under sections 23, 24, 25 and 26."

8. The circu{ar instructions issued by Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad uide Circular Memo No.G3l9L22l2O24, dated 12.08.2024, which reads as under:- "Attention of tlrc Sub-Regi'strars and Officers in the address entry is inuited to the reference cited, uherein Hon'ble High Court, u.thile dispostng *Le W.P No.16836/2624 and botch cases, d.ated: O7-O7-2O24 issued common orders rttith certain guidelines to the Registration Authorities and instructions to concerned porties. In complionce uith the orders of the Hon'ble High Court' the follouing instructions are issued. i) Wheneuer parties/ citizen opproach to register the documents, the concented Sub-Regi'strar, shall as expeditiouslg as possible preferablg rttithin one ueek, either register the document or po;ss refusal order, in terms of th'e Registrotion Act, 1908 and the Indian Stamp Act, 1899 and communicate the same to the concemed parties. In no case, the Sub-Registrars shall not refuse the doanments orally for I NVSK,J !V. P.No.36:]25 of 2024 6 registration, and it must be foLlouLed bg a uritter. refusal orders. ii) In cas,z documents are refused. for registration, the Sub- Registrar:; shall infonn the procedure for refund of Stamp Dttg and registration charges to th,e concerned pa.rtiesT Citizens clearlg. Tl'Le refund shaU be stictly as per Indian Stctmp 161, 1899 and Registration Act, j9OB. iii) Sub-Registrars shall maintain a utatch Register/ General Diary (GD Book/ Entry Book/ Register) at euery Sub_R,egistrar Office and to make enties of the parties approaching the office on a parti,t ar date and time for the purpose for tohicfi they approached the office, so as to auoid interference, tatnpeing and mis rep r e s entation. In uietu of the aboue Sub-Regbtrars are herebg directed t' to maintairt a Register in the following profortna.. Sllvo AII the Sub- Registrars shall inuaiabhl maintttin the register in ,l.h.e aboue proforma in their office and shall lte kept open to the uisiting public to the offtce to recorcl tLrcir purpose for the future reference. The Distictt Registrars shall ensure that the aboue Registers are opened and maintatned in the each Sub-Reqistrar Offi_ce on regular Ltasis. iu) The relTisteing authorities shall follow the guiclelines issued in the cases of Vinjamuri Rajagopla Chary Vs. State of NVSK,J W.P.No.36325 of 2024 7 Andhro Pradesh and M/s. Inuecta Technologies Priuate Limited Vs. Gouemment of Andhra Pradesh. These instractions shall be follouted scrupulouslg. If ang deuiation is found, suitable disciplinary action uill be initiated. Theie instructions uill not supersede the citizen charter prescibed for uaious seruices rendered bg the department."

9. This Court had many occasions to refer the procedure for seeking registration of a document iQ that the parties frrst and foremost have to execute the document by signing the document and by fOllowing provisions contemplated under Section 32 and 34 of the Registration Act 19O8 and shall present the document before the registering authority. The parties have to pay registration charges, starnp duty and other incidental charges by way of challan and the estimated amount for the same will be available in IGRS website, wherein Stamp duty and registration charges will be calculated, enabling the parties to pay the challan. Thereafter, the parties shall approach the registering authority, NVSK,J W.P.No.3 5325 oI2O24 8 enclosing the challan along with the relevant documents, which proves that the pa_rties have approached altd made a proper presentation of document sough for registration However, in the preset case, the petitioner has not osed the copy of executed document or challan, ald no application was filed as a proof that the petitioner had approached the registering authority for registration of the subject pr:operty. .V ., 1(). In view of the aforesaid submissions, this Writ Petition is disposed of permitting the petitioners herrein to approach respondent No.4 and submit a,ll the relevant documents for registration of subject property. On receipt of the said documents, respondent No.4 sha_ll consider and processes the same, within a period of two (2) weeks from the date of receipt of said documents, strictly in accordance \.ith the provisions of the Indian Stamp Act, 1899 and Registration Act, 190g and in terms of cir:cular instructions isrsued by the Commissioner and Instrlector Genera_l .Registration and Stamps, Telangara, / ^f NVSK,J w.P.No-36325 of 2024 9 Hyderabad uide Circular Memo No.G3l9122/2024, dated

12.08.2024. There sha-ll be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. To, //TRUE COPYII SDI P. PADMANABHA ASSISTANT REGI REDDY CTION OFFICER

1. The Principal Secretary Stamps and Registration Department Secretariat' ' r.S..Hvderboao 2. The lrispector General Stamps and Regiltrations Telanqana' Registration Bhavan 4th and stn rrili,""u'izliit-"nu'hi Hoio' osmangunj' M'J' Market' Hvderabad 500001 jf ''3ii.3[',+y;*gi*' &?i3"'f;fi'dt;?H," * u, *o"",

3. The District Registrar (stamps and Registrations), Ranga Redd.y.District t. +n:'cF*te,;i'tr tpliigt'ExHJ'#H{Tfi's"fi EJPJ-'#,,.*,Hshcour'[ror'ihe , a*:""tTSS1Y'ti1,#Sifitf,Eot?HX*, sc FoR wAoF B.ARD ropucl

9. Two CD CoPies @;*'',* I CC TODAY HIGH GOURT DATED:0 510312025 ORDER WP.No.36325 o12024 1trE S rAIC q c 10 uiR ?$6 | ^_ t {: i, i'\ -\:--l v a .}J * DISPOSING OF THE WRIT PETITION WITHOUT COSTS A,/