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.
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
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
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.
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.
These 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
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.
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
