Thota RamLa. Sri @ Sheri Josfrna v. 1. The State of Telangqla

Counsel for the Petitioner: SRI ASHOK REDDY KANATHALA Counsel for the Respondents: AGP FOR STAMpS AND REGTSTRATION The Court made the following: ORDER .5 HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.36762 of 2O24 ORDER: Heard learned counsel for the petitioner and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal at the stage of admission itself.

2. This Writ petition is filed sccking the following praycr:- "to declare the action of the Tahsildar Cum loint Sub-Registrar, Chilpur Rertenue Mandnl, tha 3,d Respondent herein, in not receiaing nnd registering the sole deed, aide appLication number 2400712628 Dtd. 22.10.2024 prcsented before her as illegal, arbitrary, unjust nnd in uiolation ol principles of naturnl justice and uiolation of Article 300-A of thc Constitution of India, cottsequently direct tlu Tahsildnr Cum loint Sub-Registrar, Chilpur Reoenue MandaL, the i'd Respondent herein to register the sale deed oidt application number 2400712628 Dtd 22.10.2024in respect of the agricultural Land admeasuring an extent of Ac.2-00 guntas in suntey 394/A/1/2., situated nt Kistajigudem ViLlage, Chilpur Reltenue Mnn dd, l tngaort D is l r ic t."

3. Facts giving rise to file this writ petition are that the petitioner claims to be the owner and possessor of agricultural land admeasuring Ac.2-00 guntas, covered by Sy.No.394/ A/1/2, situated at Kistaiigudem Village, Chilpur Revenue Mandal, Jangaon District, having acquired the same through registered sale deed dated 22.03.202i and e-pattadar passbook was also issued in favour of the petitioner. It is further submitted that the petitioner with an intention to sell the subiect property had executed a sale j 2 deed and by duty enclosing the challan oide application No.2400712628 approached the respondent No.3 for registration. Howet,er, the respondent No.3 orally refused to register the same. Aggrieved bv such rejection, petitioner filed this writ petition.

4. Leamed Assistant Government pleader for Stamps and Registration has placed on record instructions issued by the respondent No.3, wherein in it is stated that partition suit i.e., O.S.No.554 of 2024, in respect of the subject property is pending on the file of principal: Junjor Civil Judge at Jangaory however, further submits that there are no instructions with respect of any interim order passed in the O.S.No.554 of 2024.

5. Learned Assistant Government pleader has also placed on record the circular instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad zrirlr, Circular Memo No.G3/9122/ 2024, dated 12.08.2024, which reads as under:_ 'Attention of the Sub-Registrars and Olficers in tlrc add.ress entry is inuited to the reference cited, utleretn Hon'ble High Coud, while disposing the W.P No.16836/2024 and batch cases, d.ated: ()9-07-2024 issued common orders with certain gidelines to the Registration Auth1rities and instructions to concemed parties. In compliance uith the orders of the Hon'ble High Court, the fotlotuing instrucl.ons are issued.. i) Wheneuer parties/ citizen approach to register tk documents, the concented. Sub-Registrar, shall as eqteditiouslg as possible preferabtg within one ueek, either regtster tlv doatment or pass refusal orrler, in prm.s of tte Registration Act, 1908 and. the Ind.ic/n StrLnp Act, 1899 and , J communicdte the seme to the concerned parttes, In no case, the Sub_ Registrars shall not refuse the documents orallA for regtstration, and. it must be followed bA a witten refusal orders. ii) In case documents are refused for registration, the Sub-Registrard sllall inform the procedure for refund of Stamp DutA and registration chnrges to the concerned parties/ Citizens clearlg. The refund sho. be stictl7 as per Indian Stamp Act, 1899 and Registration Act, 1908. tii) Sub-Registrars shall maintain a uotch Register/ General Diary (GD Book/ Entry Book/ Register) at euery Sub-Registrar Office and to make enties of the parties approaching the office on a particular d.ate and time for the purpose for uhich theg approached the offi.ce, so as to avoid_ interference, tampeing and misrepresentation. In uieu of the above Sub-Registrars are herebA directed to mainta.tn a Register in the following profoma. All the Sub- Registrars shall inuaiablg maintain the register in the aboue proforma in their off.ce and shall be kept open to the uisiting public to the offi.ce to record their purpose for the future reference. The Distict Registrars shall ensure that the aboue Registers are opened. and maintoined in the each Sub,Registrar (Ifice on regular basis. iu) The registeing outhortties shall follout the guid.elines issued ln the cases of Vinjamui Rajagopla Chary Vs. State of Andhra praclesh qnd M/s. Inuecta Technotogies Priuqte Limited Vs. Gouentment of Andhra pradesLu These inshttctions shatl be followed scrupulously. If any devtation is found, suitable disciplinary action will be initiated. These instructions u,till not supersede th.e citizen charter prescibed for uaious seruices rendered bg the department. "

6. Learned Assistant Government Pleader h/ould further submits that if the petitioner submit the subiect document before the registering I I 4 authorities the same would be considered and appropriate orders in will be passed in accordance with law.

7. At this- stage, learned counsel for petitioner submits that the petitioner may be permitted.to submit the subject document before the registering authorities and further pray this Court to direct the registering authorities to consider the same for registration.

8. It is pertinent to note that in terms of the said Circular, all the Sub- Registrars shall invariably examine the documents and they shall, as expeditiously as possible preferably within a period of one week, either register the document or pass refusal order, in terms of the Registration Act, 1908 and Indian Stamp Act, 1899 and communicate the same to the concerned parties; in no case, the Sub-Registrars shall not refuse the documents orally for registration and it must be followed by a written refusal order.

9. 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 foliow the Circular Memo No.G3/ 9122/2024, dated 12.O8.2024 and consider registrability of the subject document and pass orders, as expeditiously as possible, preferably within a period of one (01) week from the date of receipt of the subject document, by duly assigning reasons in support of such decision and communicate the said decision to the pptitioner. t,\ ( To, 5

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 ASSISTANT G SE OFFICER 1 The Principal Secretary, Revenue Department, State of Telangana' Secretariat Buildings, Hyderabad. 2. The District Collector, Jangaon District. 3'TheTahsildarcumJointSubRegistrar,ChilpurRevenueMandal,Jangaon District.

4. One CC to SRI ASHOK REDDY KANATHALA, Advocate IOPUC] 5.TwoCCstoGPforStampsandRegistration,HighCourtfortheStateof Telangana at Hyderabad. IOUTI

6. Two CD CoPies MP u_ a HIGH COURT DATED:0310it2025 l rrE SLr )h ( o U OE JAIi 2025 t .sot: TC 11( t, { ORDER WP.No.36762 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS q 6lr \ek