Telangana High Court
Smt.Medapati Rama Lakshmi vs State Of Telangana on 25 October, 2024
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.29543 of 2024
ORDER:
This Writ Petition is filed seeking to declare the action of
respondent No.2 in refusing to receive and register the
documents presented by the petitioners in respect of Flat
No.402 in Fourth Floor and Flat No.501 in Fifth Floor of
Residential Complex "Meghana Satyam Homes", Block-II, with
built up area of 1450 sft each at H.No.42-18/1 (PTI
No.1171002942) and part of H.NO.42-18 (PTI No.1171001408),
forming part of survey Nos.373/1 and 374, situated at Sardar
Patel Nagar, Moula-Ali, under Malkajgiri Municipality and
Mandal, Medchal-Malkajgiri District, as if there was a claim of
respondent No.3-Wakf Board in respect of the said survey
numbers, which is illegal, arbitrary, contrary to the catena of
judgments passed by the Hon'ble Courts and violative of Articles
14 and 300-A of the Constitution of India and for other
appropriate reliefs.
2. It is stated that petitioner No.1 herein is the GPA holder of
petitioner No.2 herein i.e., M/s. Meghana Constructions,
represented by its Managing Partner. It is further stated that
petitioner No.1, being the absolute owner and possessor of
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house property bearing H.No.42-18/1 (PTI No.1171002942) and
part of H.No.42-18 (PTI No.1171001408), admeasuring 781.11
square yards, situated at Sardar Patel Nagar, Moula-Ali,
Malkajgiri, with a view to develop the said property, executed a
registered development agreement-cum-general power of
attorney dated 29.09.2023 in favour of petitioner No.2 and
accordingly having obtained construction permission, it was
developed with 1 stilt + 5 upper floors, out of which from the
share allotted to petitioner No.2, they intended to alienate Flat
No.402 in Fourth Floor and Flat No.501 in Fifth Floor of
Residential Complex "Meghana Satyam Homes", Block-II, with
built up area of 1450 sft each at H.No.42-18/1 (PTI
No.1171002942) and part of H.No.42-18 (PTI No.1171001408),
forming part of survey Nos.373/1 and 374, situated at Sardar
Patel Nagar, Moula-Ali, under Malkajgiri Municipality and
Mandal, Medchal-Malkajgiri District. Accordingly, the
petitioners approached respondent No.2 herein with a request to
receive the documents for registration. The grievance of the
petitioners is that respondent No.2 is refusing to receive the
documents for registration on the ground that respondent No.3
made a request not to register the same.
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3. Considered the submissions made by Sri Sricharan
Telaprolu, learned counsel for the petitioners, learned Assistant
Government Pleader for Stamps and Registration appearing for
respondent Nos.1 and 2 and Mr.Farhan Azam Khan, learned
Standing Counsel for the Waqf Board appearing for respondent
No.3 and with their consent this writ petition is disposed of at
the admission stage.
4. 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
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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 of Full Contact Purpose Signature Remarks
the Party Postal No. of visit of the
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
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instructions will not supersede the citizen charter prescribed for various
services rendered by the department."
5. In terms of the said Circular, all the Sub-Registrars shall
invariably entertain 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;
all the Sub-Registrars shall invariably maintain the register in
the prescribed proforma and shall be kept open to the visiting
public to the office to record their purpose for the future
reference; and the registering authorities shall follow the
guidelines issued in the cases of Vinjamuri Rajagopala Chary
vs. Revenue Department 1 and M/s.Invecta Technologies
Pvt.Ltd., and others v. Government of Andhra Pradesh 2.
6. In view of the aforesaid circular instructions issued by the
Commissioner and Inspector General of Registration and
Stamps, Telangana, vide Memo No.G3/9122/2024, dated
2016 (2) ALD 236 (FB) : 2015 SCC OnLine Hyd 407
2024 (1) ALT 272
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12.08.2024, this Court deems it appropriate to dispose of the
writ petition by directing the registering authority to examine
the documents presented by the petitioners for registration and
if it is found that the said documents fulfil the conditions in
terms of the aforesaid circular instructions, he shall process the
same and complete the registration. If on the other hand, there
exist any grounds that enable the registering authority to refuse
registration, he shall pass a refusal order, in terms of the
provisions of the Registration Act, 1908 and the Indian Stamp
Act, 1899 and the Rules made thereunder, and communicate
the same to the petitioners.
7. With the above observations, this writ petition is disposed
of. There shall be no order as to costs.
8. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
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JUSTICE C.V.BHASKAR REDDY
25.10.2024
JSU
