Telangana High Court
Sri M. Kanaka Raju vs The Sate Of Telangana on 30 October, 2024
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.30425 of 2024
ORDER:
This Writ Petition is filed seeking to declare of the action
of the Respondent-registration authorities in not entertaining
and registering the sale deed which may be presented by the
petitioners in respect of the flat bearing of Plot No.22 Eastern
Part, in survey Nos.47 Part and 48, admeasuring 100 Sq.Yards
or 83.6 Sq.Mtrs, Situated at Boduppal Village, under Boduppal
Municipal Corporation, Medipally Mandal, Medchal-Malkajgiri
District, S.R.O. Uppal on the ground that the said property is
part of the waqf gazette notification dated 09.02.1989 at Sl No.
2746 is arbitrary and illegal since the said gazette notification
was set aside by this court in 2002 (3) ALT 439 (B.Gowra Reddy
Vs. Government of Andhra Pradesh) and the judgment of this
Honourable Court in W.P No.21896 of 2023 dated 11.12.2023
and also in W.P No.16142 of 2023 dated 12.07.2023 and also in
I.A No.1 of 2020 in W.P No.11599 of 2020 dated 28.08.2020 and
also in I.A No.1 of 2024 in W.P No.4903 of 2024 dated
18.03.2024 and I.A No.1 of 2024 in W.P No.10351 of 2024 dated
22.04.2024 and I.A No.1 of 2024 in W.P No.19063 of 2024 dated
13.08.2024 and consequently direct the respondent-registration
CVBR, J
Wp_30425_2024
authorities to entertain and register the subject property in Sy.
Nos.47 Part and 48 of Boduppal Village and Municipality,
Medipally Mandal, Medchal-Malkajgiri District as and when the
petitioners execute and present sale deed in respect of the said
property in the office of the Respondent No.3 without reference
to the said waqf gazette notification and release the registered
sale deed to the petitioner.
2. It is stated that the petitioner is the owner and possessor
of Plot No.22 Eastern Part, in survey Nos.47 Part and 48,
admeasuring 100 Sq.Yards or 83.6 Sq.Mtrs, Situated at
Boduppal Village, under Boduppal Municipal Corporation,
Medipally Mandal, Medchal-Malkajgiri District, S.R.O. Uppal. It
is further stated that the petitioner intended to sell the subject
property and when he approached the respondent No.3, it was
informed that respondent No.4 made a request not to register
the sale deed in respect of Sy.Nos.60 and 61 of Boduppal Village
on the ground that the said land is part of waqf Gazette
notification bearing No.6A dated 09.02.1989.
3. Considered the submissions made by learned counsel for
the petitioner, learned Assistant Government Pleader for Stamps
and Registration, appearing for respondent Nos.1 to 3 and
CVBR, J
Wp_30425_2024
Mr.Farhan Azam Khan, learned Standing Counsel for the Waqf
Board appearing for respondent No.4 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
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
CVBR, J
Wp_30425_2024
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
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,
CVBR, J
Wp_30425_2024
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
12.08.2024, this Court deems it appropriate to dispose of the
writ petition by directing the registering authority to examine
the document presented by the petitioner for registration and if
it is found that the said document fulfil the conditions in terms
of the aforesaid circular instructions, he shall process the same
2016 (2) ALD 236 (FB) : 2015 SCC OnLine Hyd 407
2024 (1) ALT 272
CVBR, J
Wp_30425_2024
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 petitioner.
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.
________________________________
JUSTICE C.V.BHASKAR REDDY
30.10.2024
Su/Sha
