Telangana High Court
Tavva Pavan Kumar vs The State Of Telangana on 11 November, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.29976 of 2024
ORDER:
Heard learned counsel for the petitioner and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Stamps and Registration appearing for the 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 to declare the action of respondent No.3 in not receiving, registering Memorandum of Deposit of Title deeds dated 23.10.2024 executed by the petitioners in favour of Bank of Baroda, Maredpally Branch, Secunderabad in respect of residential Flat No.401 in IV floor, with builtup area of 1490 sq.ft., along with one car parking space in the stilt with undivided share of land admeasuring 51 sq.yds., in the Apartment known as "Krishna's Mahalaxmi Nilayam" premises bearing Municipal No.10-3-P-105, 10- 3-P-106 on Plot Nos.105 & 106 in Sy.No.74/8 at East Maredpally, Secunderabad on the basis of L.G.C.No.167/1997 as illegal, arbitrary, without jurisdiction contrary to provisions of Registration Act, 1908 and consequently direct the Respondent No.3 herein to receive, register and release the sale deed presented by the petitioner. 2
3. Learned counsel for the petitioner submits that the petitioner with an intention to avail a bank loan by depositing the title deeds of the subject property approached Bank of Baroda, Maredpally Branch and accordingly Bank sanctioned loan vide letter dated 16.10.2024. Thereafter, the Manager of the Bank instructed the petitioner to mortgage the subject property. Accordingly, petitioner approached respondent No.3 on 23.10.2024 and presented the mortgage deed for ascertaining stamp duty and registration charges. However, respondent No.3 informed that said Sy.No. is covered by Court case in L.G.C.No.167/1997.
4. Learned counsel for the petitioner submitted that many writ petitions were filed seeking registration of the documents in respect of the lands in Sy.No.74 at East Marredpally, Secunderabad, and this Court had directed the registering authority to receive, register and release the documents presented in respect of the land in Sy.No.74 at East Marredpally, Secunderabad and sought to pass similar order.
5. Learned Assistant Government Pleader for Stamps and Registration while acceding to the submissions made by the learned counsel for the petitioner would submit that many number of writ petitions have been filed on similar issue wherein no separate counter affidavits have been filed however, in one of the writ petition i.e., in 3 W.P. No.11653 of 2013, which was disposed of on 23.07.2024 by this Court, a counter affidavit has been filed and the averments mentioned therein may be read/adopted as a counter averments in the present writ petition and has drawn the attention of this Court to the relevant paragraph of the counter affidavit filed in W.P. No.11653 of 2013, which reads as under:
"It is submitted that a comprehensive land case was filed by the then Mandal Revenue Officer, Marredpally against the (7) Societies and as well as some of individual plot owners of Sy.No.74 of Marredpally (Paigah) village in L.G.C, No.167/97 in the Spl.Court under L.G(P) Act, 1982. The Hon'ble Spl.Court, under A.P.L.G.(P) Act dismissed the LGC No.167/97 on 18-03- 2010. Aggrieved by the same, the then MRO, Marredpally Mandal filed WP No.19106/2010, before the Hon'ble High Court and the same is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly appreciating the evidence of Govt. and as such writ petition has been filed challenging the same. Thus the LGC judgment has not become final. Further submitted that the litigation between the parties and the Govt. has not reached to its logical end. Under such circumstances it can't be said that Govt. have lost its claim. As such the interest of Govt. still subsists. In view of the above the interest of Govt. that subsists in the subject land will be jeopardized if this W.P. is allowed. Hence it is liable for dismissal."
6. Learned Assistant Government Pleader would submit that subject matter was earlier adjudicated by the Spl.Court under A.P.L.G.(P) Act, 1982, vide LGC No.167 of 1997, however the said LGC No.167 of 1997 has been dismissed on 18.03.2010. Aggrieved by the 4 same, the Mandal Revenue Officer, Marredpally Mandal, filed WP No.19106 of 2010 before this Court and the same has been heard and reserved by the Hon'ble Division Bench.
7. Learned Assistant Government Pleader for Stamps and Registration has placed on record the circular instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad vide Circular Memo No.G3/9122/2024, dated 12.08.2024, which reads as under:-
"Attention of the Sub-Registrars and Officers in the address entry is invited to the reference cited, wherein Hon'ble High Court, while disposing the W.P No.16836/2024 and batch cases, dated:
09-07-2024 issued common orders with certain guidelines to the Registration Authorities and instructions to concerned parties.
In compliance with the orders of the Hon'ble High Court, the following instructions are issued.
i) Whenever parties/citizen approach to register the documents, the concerned Sub-Registrar, shall as expeditiously as possible preferably within one week, either register the document or pass refusal order, in terms of the Registration Act, 1908 and the 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 orders.5
ii) In case documents are refused for registration, the Sub-
Registrars shall inform the procedure for refund of Stamp Duty and registration charges to the concerned parties/Citizens clearly. The refund shall be strictly as per Indian Stamp Act, 1899 and Registration Act, 1908.
iii) Sub-Registrars shall maintain a watch Register/ General Diary (GD Book/ Entry Book/ Register) at every Sub-Registrar Office and to make entries of the parties approaching the office on a particular date and time for the purpose for which they approached the office, so as to avoid interference, tampering and misrepresentation.
In view of the above Sub-Registrars are hereby directed to maintain a Register in the following proforma.
Sl.No. Date Time Name Full Contact Purpose Signature Remarks
of the Postal No. of visit of the
Party address and party
property
details
All the Sub- Registrars shall invariably maintain the register in the above proforma in their office and shall be kept open to the visiting public to the office to record their purpose for the future reference.
The District Registrars shall ensure that the above Registers are opened and maintained in the each Sub-Registrar Office on regular basis.
iv) The registering authorities shall follow the guidelines issued in the cases of Vinjamuri Rajagopla Chary Vs. State of Andhra Pradesh and M/s. Invecta Technologies Private Limited Vs. Government of Andhra Pradesh.
6These instructions shall be followed scrupulously. If any deviation is found, suitable disciplinary action will be initiated. These instructions will not supersede the citizen charter prescribed for various services rendered by the department."
8. Learned Assistant Government Pleader for Stamps and Registration submits that if the petitioner submits the subject document before the registering authorities, the same would be considered and appropriate orders will be passed in accordance with law.
9. At this stage, learned counsel for the petitioners submit that since in similar writ petitions this Court by way of interim order had directed the registering authorities to receive, register the documents presented before them, without reference to the claim of the Government that it is Government land and in pursuance to the said interim direction the documents therein were registered and since the cause in those writ petitions has been served this Court had disposed those writ petitions, granting liberty to all the concerned parties to seek appropriate remedy, subject to outcome of the W.P. No.19106 of 2010, which is pending for orders before the Division Bench of this Court. Learned counsel for the petitioner prayed this Court to dispose of the writ petition by passing similar order as passed in those writ petitions and seeks permission of this Court to submit the subject 7 document before the registering authorities and further pray this Court to direct the registering authorities to consider the same for registration.
10. It is pertinent to note that in terms of the said Circular, all the Sub-Registrars shall invariably, 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.
11. Having regard to the facts and circumstances of the case and recording the submissions made by the learned counsel on either side, this Court deems it appropriate to dispose of the writ petition directing the registering authority to receive, register and release the subject document, as expeditiously as possible, preferably, within a period of one (01) week from the date of receipt of document presented by the petitioner. It is made clear that the registration of the subject document is subject to outcome of the W.P. No.19106 of 2010. It is also made clear that if either of the parties are aggrieved by the orders to be passed in W.P.No.19106 of 2010, liberty is granted to parties to pursue their remedies as available under law.
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12. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law.
13. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to cost.
______________________________ N.V.SHRAVAN KUMAR,J 11.11.2024 mrm