Thota Sarika v. 1. The State of Telangana

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the Tahsildar Cum Joint Sub-Registrar, Chilpur Revenue Mandal, the 3rd Respondent herein, in not receiving and registering the sale deed, vide application number 2400714082, dtd: 2211012024 presented before her as illegal. arbitrary, unjust and in violation of principles of natural justice and violation of Article 300-A of the constitution of lndia, consequently direct the Tahsildar Cum Joint Sub-Registrar, Chilpur Revenue Mandal, the 3rd Respondent herein to register the sale deed, vide application number 2400714082 dtd.2211012024 in respect of the agricultural land admeasuring an extent of Ac. 2-00 guntas in survey 394/A/2, situated at Kistajigudem Village, Chilpur Revenue Mandal, Jangaon District. lA NO: 'f 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 direct the Tahsildar Cum Joint Sub-Registrar, Chilpur Revenue Mandal, the 3'd Respondent herein to register the sale deed, vide application number 2400714082 dld 2211012024 in respect of the agricultural land admeasuring an extent of Ac. 2-00 guntas in survey 394/A/2, situated at Kistajigudem Village, Chilpur Revenue Mandal, Jangaon District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI ASHOK REDDY KANATHALA Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIO N No. 36773 of 2024 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 seeking the following Prayer:- "to declare tlrc action of the Tnhsildat Cum loint Sub-Registrar' Chilou, Reurnue Mandat, tltr 3'd Respondent here.in' in not ;;;;i,:;"8' nri ,:rg,rt*ing tlrc snle deetl' uide application number iiootioaz ofi. zz.tlo.zoz4 presented bet'ore lrcr.as illegal' ,rii,ro*. uniust and in t'iolnlion of principlcs ol natural justice and 'riZil,,ii't' tlAriirk 300-A of the Constituiion of India'-consequently direct the'Tahsildar Cum loint Sub-Registrar' Chilpur Rnenue 'Ur"aati, the 3'd Responden't herein to rigister the sale deed aide 'r;;;tt,;*" number )4007'14082 Dttt 22'10'2024 in respect of the a'siicultur,rl land admeasrting an extent of Ac'2-;0! guntas in Jv 3ga/M, situated at Kiitaiigudetr Village' Chilpur Reaenue 'riui,n Mandal, langaon Distict " Facts giving rise to file this writ petition are that the petitioner claims 3. to be the owner and Possessor of agricultural land admeasuring Ac'2-00 guntas, covered by Sy'No'3g4/ A/2' situated at Kistaiigudem Village' Chilpur Revenue Mandal, Jangaon District' having acquired the same through registered gift deed dated 22 03'2023 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 \ 2 deed and by duly enclosing the challan oide application No.24007140g2 approached the respondent No.3 fbr registration. However, the respondent No.3 orally refused to register the same. Aggrieved by such rejection petitioner filed this writ petition.

4. l,earned Assistant Government pleader for Stamps and Registration has placed on record irutructions 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 principzii Junior Civil Judge at Jangaon, 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 zride Circular Memo No.G3 / 9122/ 2024, dated "12.08.2024, which reads as under:_ "Attention of the Sub-Registrars and. OlJicers in the address entry is inuited to tlrc reference cited" uherein Hon,ble High Court, while disposing the W.P No.16836/ 2024 and. batch cases, dated.: Og_07-2O24 issued common orders uith certain guidelines to the Registration Authoities ond instructions to concerned parties. In complianrce Luith tlle orders of the Hon,ble High Court, the follou-ting instructiorc are issued.- i) Weneuer parties/ citizen approach to register the documents, the conemed Sub-Registrar, slnll as exped.itioustg as possible preferabty taithin one week, either register the document or poss refusal order, in ,.ems of the Registration Act, lgOB and. the Indian Stamp Act, 1899 and communicate the seme to the concerned parties. In no case, the Sub- Registrars shall not refuse the doanm.ents orallg for registration, and it must be followed bg a written refusal orders. ii) In case documents are refused for registration, the Sub-Registrars'shall infonn th.e procedure for refund of Stamp DutA and registration charges to the concemed parties/ Citizens cLearlA. The refund shall be str{ctlA as per Indian Stamp Act, 1899 and Regtstration Act, 1908. iii) Sub-Registrars shall maintain a uatch Register/ General Diary (GD Book/ Entry Book/ Register) at euery Sub-Re@strar OJfice and to make enties of the porties approachtng lhe oJJice on a porticular dote and ttme for tte purpose for which theg approached the offce, so as to auoid interference, tamp eing and misrepresentation. ln uieu of the aboue Sub-Registrars are hereby directed to maintain a Register in the foLlowing profonna. All the Sub- Regtstrars shall inuariably matntain the register in the aboue proforma in their olfice and shall be kept open to the uisiting public to the office to record th.eir purpose for th,e future reference. The Distict Regisrrars shall ensure that the aboue Registers are opened and maintained in the each Sub-Registrar Olfice on regular basis. iu) The registeing authoities shall follow the guidelines issued in the cases of Vinjamui Rajagopta Chary Vs. State of And.hra Pradesh and M/s. Inuecta Technologies Priuate Limited Vs. Gouernment of Andhra Pradestt These instructions shall be fotloued scrupulouslg. If ang deviation is found. suitable dtscipLinary action uill be initiated. These instructions will not supersede the citizen charter prescibed for uarious seruices rendered bA the department. "

6. Learned Assistant Government Pleader would further submits that if the petitioner submit the subject document before the registering 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, att 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 Re6;istration 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 refusaI 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 follow the Circular Memo No.G3/ 9122/2024, dated 72.08.2024 and consider regishability of the subject document and pass orders, as expeditiously as possible, prelerably 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 fttition"r. lq\ 5

10. With the above directions this writ petition 1S disposed of Miscellaneous applications, if any pending, shall stand closed. No order as I 1 I to costs. To, //TRUE COPY// SD/. A,V.S. PRASAD R ASS ISTANT G SE OFFICER Secretariat Buildings, Hyderabad,- -- evYu'r'r'vr '1. The Princioal Secretsry, .Revenue Department, State of Telangana, 2. The District Collector, Jangaon District. 3. TherTahsildar cum Joint Sub Registrar, Chilpur Revenue Mandal, Jangaon 4. One CC to SRt ASHOK REDDY KANATHALA, Advocate tOpUCl 5. Two CCs to Gp for Stamps and Registration, High Court for the State of 6. Two CD Copies Telangana at Hyderabad. tOUn - I rvi'rvriqrrvrr'| I 'r \ !y*, Ji HIGH COURT DATED:0310112025 krE-[ s IA 06 JAl'l ?025 t(( ( o C) ( t DER WP.No.36773 of 2O24 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ l.{ 6 lr