Telangana High Court
Chirasmita Pani vs The State Of Telangana on 5 March, 2025
THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR
WRIT PETITION No.36325 of 2024
ORDER:
This writ petition is filed seeking the following
prayer:
“WRIT OF MANDAMUS declaring the action of the
Respondent No.4 not receiving registering and releasing
the Sale Deed in favour of the prospective purchasers
placed by the Petitioners for Flat bearing No.B2-409,
Municipal No.1-94/1/2/1/B2/409, PTI No.1261111465
4th Floor of ‘The Nest” in Block-B, (Block-B2) having plinth
area 1440 Sq. feet (including common area) and two car
parking 200 Sq feet, along with an undivided share of
land 54.89 Sq. yards (out of 11495 Sq yards) constructed
land in Sy.No.195/part, 196/part and 197/3, situated in
Manikonda Jagir Village, Rajendranagar Mandal, Ranga
Reddy District without disclosing any reason as illegal
arbitrary in violation of principles of natural justice and in
violation of Articles 14 and 21 of the Constitution of India
and also against the equity and consequently direct the
Respondent No 4 to receive register and release the Sale
Deed placed by the Petitioners herein for Flat bearing
No.B2-409, Municipal No.1-94/1/2/1/B2/409, PTI
No.1261111465 4th Floor of ‘The Nest” in Block-B, (Block-
B2) having plinth area 1440 Sq. feet (including common
area) and two car parking 200 Sq feet, along with an
undivided share of land 54.89 Sq. yards (out of 11495 Sq
yards) constructed land in Sy.No.195/part, 196/part and
197/3, situated in Manikonda Jagir Village,
Rajendranagar Mandal, Ranga Reddy District and pass.”
2. Heard learned counsel appearing for the petitioners,
learned Assistant Government Pleader for Stamps and
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Registration appearing for respondent Nos.1 to 4 and
Sri Farhan Ahmed Khan, learned Standing Counsel
appearing for respondent No.5. Perused the record.
3. Petitioners are claiming that they are the joint
owners and possessors of Flat bearing No.B2-409,
Municipal No.1-94/1/2/1/B2/409, PTI No.1261111465
4th Floor of ‘The Nest” in Block-B, (Block-B2) having
plinth area 1440 Sq. feet (including common area) and
two car parking 200 Sq feet, along with an undivided
share of land 54.89 Sq. yards (out of 11495 Sq yards)
constructed land in Sy.No.195/part, 196/part and 197/3,
situated in Manikonda Jagir Village, Rajendranagar
Mandal, Ranga Reddy District, having purchased the
same under a registered sale deed bearing document
No.11434 of 2022, dated 12.12.2022.
4. Now, the grievance of the petitioners in the present
writ petition is that when the petitioners herein
approached respondent No.4 to executed a registered sale
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deed in favour of their prospective purchaser, respondent
No.4 refused to register the Sale deed and also not
disclosed valid reasons. Therefore, petitioners filed the
present Writ Petition.
5. Learned counsel appearing for the petitioners fairly
submits that the subject document i.e., sale deed
executed in favour of their prospective purchaser has not
been filed before this Court. However, he submits that the
same would be presented before respondent No.4. He
also submitted that the petitioners herein purchased the
subject property as per the orders passed by this Court in
W.P.No.42748 of 2022, on 25.11.2022.
6. Learned Assistant Government Pleader for Stamps
and Registration appearing for respondent Nos.1 to 4, on
instructions, would submit that respondent No.4 will
receive and process the sale deed, in accordance with law
and as per the provisions of the Indian Stamp Act, 1899
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7. However, at this juncture, it is not out of place to
refer Sections 32 and 34 of the Registration Act, 1908
and Circular Memo No.G3/9122/2024, dated
12.08.2024, which reads as under:
“32. Persons to present documents for
registration.–Except in the cases mentioned in 1
[sections 31, 88 and 89], every document to be
registered under this Act, whether such registration
be compulsory or optional, shall be presented at the
proper registration-office,–
(a) by some person executing or claiming under the
same, or, in the case of a copy of a decree or order,
claiming under the decree or order, or
(b) by the representative or assign of such a person,
or
(c) by the agent of such a person, representative or
assign, duly authorized by power-of attorney
executed and authenticated in manner hereinafter
mentioned.
34. Enquiry before registration by registering
officer.–(1) Subject to the provisions contained in
this Part and in sections 41, 43, 45, 69, 75, 77, 88
and 89, no document shall be registered under this
Act, unless the persons executing such document, or
their representatives, assigns or agents authorized as
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aforesaid, appear before the registering officer within
the time allowed for presentation under sections 23,
24, 25 and 26.”
8. 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
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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 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
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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.”
9. This Court had many occasions to refer the
procedure for seeking registration of a document is that
the parties first and foremost have to execute the
document by signing the document and by following the
provisions contemplated under Section 32 and 34 of the
Registration Act 1908 and shall present the document
before the registering authority. The parties have to pay
registration charges, stamp duty and other incidental
charges by way of challan and the estimated amount for
the same will be available in IGRS website, wherein
Stamp duty and registration charges will be calculated,
enabling the parties to pay the challan. Thereafter, the
parties shall approach the registering authority,
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enclosing the challan along with the relevant documents,
which proves that the parties have approached and made
a proper presentation of document sough for registration.
However, in the preset case, the petitioner has not
enclosed the copy of executed document or challan, and
no application was filed as a proof that the petitioner had
approached the registering authority for registration of
the subject property.
10. In view of the aforesaid submissions, this Writ
Petition is disposed of permitting the petitioners herein to
approach respondent No.4 and submit all the relevant
documents for registration of subject property. On receipt
of the said documents, respondent No.4 shall consider
and processes the same, within a period of two (2) weeks
from the date of receipt of said documents, strictly in
accordance with the provisions of the Indian Stamp Act,
1899 and Registration Act, 1908 and in terms of circular
instructions issued by the Commissioner and Inspector
General of Registration and Stamps, Telangana,
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Hyderabad vide Circular Memo No.G3/9122/2024, dated
12.08.2024. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall
stand closed.
_________________________________
JUSTICE N.V. SHRAVAN KUMAR
March 05, 2025
Note: Furnish C.C. in
three (3) days. B/o.PN