Disposed

Smt. R.Lalithamma v. The State of Telangana.

Telangana HC21 Nov 2024WP/7883/2024

Case brief

AI extract

What is this about?

A retired employee sought mandamus against the Sub-Registrar's oral refusal to register her gift deed over a residential house. Relying on departmental circular guidelines, the court disposed of the petition directing that the registering authority consider the document and either register it or pass a reasoned refusal order within one week.

What did the court decide?

Petitioner permitted to submit the subject document; registering authority directed to register or pass reasoned refusal order within one week and communicate it.

Smt. R.Lalithamma Vs The State of Telangana. — Property and Title | Telangana HC (2024)

¶1

[^325s ]

¶2

¶3

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶4

THURSDAY, THE TWENTY FIRST DAY OF NOVEfuIBER TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE SRl JUSTICE N.V.SHRAVAN KUMAR

¶7

WRIT PETIT lON NO: 7883 0F 2024

¶8

Between:

¶9

Smt. R.Lalithamma, Wo G.Madhu Aged about. 6g yrs, Occ. Retired Emptovee R/o H.No.44-3s2, ThirumiranjqJr. e"hilo ka[il zi"ai ira'iirirg Center. Mouta Ati. Medchat Matkajgiri oislf,ct'ietangana sijG,

¶10

...PETITIONER

¶11

AND

¶12

1' Tte State of reranoana., rep. by its Secretary, stamps and Registration

¶13

^^{p.enlrtment, DR B R Ami,;'kq;:4t?;si;;' si6tietariat.Hyde ra bad} ? Il-," 9u.O^{Registrar, MatkajgirirrleOcrraitvtitriioiri} Distrtct J. .r.ne rerangana state wakf Board, Rep. by itd-cnier Executive officer Haz House, Nampally, Hyderabad

¶14

...RESPONDENTS

¶15

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ or order or direction more particularly one in the nature of writ of Mandamus decrare the action of the 2nd respondent not receiving the document presented by the petitioner for the residentiar house bearing No_44357(PTIN NO.1171005449), in Sy.No.399 and 400 admeasuring 233 Sq yds, builtup area of 80 sq yds situated at rhirumara Nagar, Behind Rairway Zonar Training centre. Moula Ari. Secunderabad which is under Malkajgiri Municiparity. Medchal Malkajgiri District is illegal. and against the provisions of law and contrary rights guaranteed under Article 300-4 of the constitution of lndia and consequently direct the 2nd respondent to entertain the registration of Gift Deed to receive process register and rerease the Gift Deed presented by the petitioner. (Prayer amended as per the court order dt: 12108t2024 in lA.No.2l2024l

¶16

lA NO: 1 OF 2024

¶17

Petition under section^{151 CPC prayingthatin the circumstancesstated in} the affidavit filedⁱⁿ support^{of the petition,the High courtmay be pleasedto direct} the 2nd respondent^herein to^{consider documentspresented by the petitioner} herein^pertaining to the^{residential bearing No.44-357(PTIN NO.1171005449),in} Sy.No.399 and 400 admeasuring^{233 Sq.Yds, builtup area of 80 Sq.Yds situated} at Thirumala Nagar, Behind^Railw ay^{Zonal Training bentre,Moula Ali,} secunderabad which is under^{Malkajgiri Municipality, Medchal Malkajgiri Districtin} favour of^petitioner's daughter^{Kum. Preethi Guntur'}

¶18

Counsel for the Petitioner: SRI^{MANOHAR MACHARLA} Counsel forthe Respondent^{Nos.1 & 2: SRI H.RAKESH KUMAR, AGP FOR} STAMPS AND REGISTRATION Counsel for the Respondent No.3:^{SRI FARHAN AZAMKHAN' SC FOR TSWB} The Court made the following: ORDER

¶19

HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION lto.7883 of2O24

¶20

ORDER:

¶21

Heard learned counsel for the petitioner and Sri.H.Rakesh Kumar, rearned Assistant Government pleader for Stamps and Registration appearing for respondent Nos.1 and 2 and Mr.Farhan Azam Khan, learned standing counsel for respondent No.3. With their consent this writ petition is taken up for disposal at the stage of admission itself.

¶22

This writ petition is filed to declare the action of the respondents more particularly respondent No.2 in not receiving the document presented by the petitioner for the residential house bearing No.44-357 in Sy.Nos.399 and 400 admeasuring 233 Sq.yards with plinth area of gO Sq.yds., situated at Thirumala Nagar, Behind Railway Zonal Training Centre, Moula Ali, Secunderabad under Malkajigiri Municipality, Medchal-Mafkqiigiri District as illegal, arbitraqr, without jurisdiction contrarJr to provisions of Registration Act, 1908 and violation of Articre 14 and 3ooA of the constitution of India ald consequently direct the Respondent No.2 to entertain the registration of Gift deed presented by the petitioner.

¶23

¶24

Learned counsel for the petitioner submits that the petitioner is the owner and possessor of subject property obtained by way of registered sale deed bearing Doc.No.7067/1995 dated 23.03.1995. It^{is furthersubmitted} that the petitioner with an intention to gift the subject property to his daughter had executed the gilt deed ald approached the respondent No.2 for registration. However, the respondent No.2 orally refused to register the same. It is further submitted that petitioner has also paid challan oo 24.07.2024. Aggrieved by the same this rvrit petition is filed.

¶25

Learned Assistant Government Pleader for Stamps and Registration has placed on record the instructions issued by the respondent No.4, which reads as under:-

¶26

"As a responded 4th in Writ Petition No. 10033/2024, I would like to submit that th.e Petitioner has approached this olfice and orallg get the infonnation about the Surueg Numbers in respect of Plot Nos. l39 and 152 in Sy Nos 289 and 290 admeasuing 120 Sq Yards utith plinth area of 940 Sq Feets situated at J K Colong Neredmet under GHMC Malkajigin Circle Malkajigiri Mandal Me dchaL IttI alkaj ig ii Distict.

¶27

As per the Telangana State Wa4f Board, Hgderabad I[o.F.No. P2/ 21/ RR/ PROT/ 2O12,DT:24.02.2020, has furnished^{a list a.s NotifiedNo. 37, published in AP} Gazzeette, Part-II dated: 13.O9.2O01 issued bg State Wakf Board in respect of 289 and 29O situated at

¶28

¶29

Mglkajgin uillage, Malkajgiri Mand.al falls und.er Wakf Board Propertg list and not to functions anA transactiorus on dboue said SurueA No. 299 arld.290.

¶30

As per this offi.ce prohibited taatch Registrar, furnislred^{bA O/} o.^Tah-sild.ar, Malkajgiri Manial, MM dist uide Lr No. B/SpI/2OLS, dt: 02.O9.2Oj5 has stated the Surueg No. 289 ond 290 is in prolibitory propertg is a (WAKF Board) land"."

¶31

Learned Assistant Government pleader for Stamps and Registration has also placed on record the circular instructions issued by the Commissioner and Inspector General of Registration ald Stamps, Telangala, Hyderabad uide Circulat Memo No.G3/9I22/2024, dated 12.08.2024, which reads as under:-

¶32

"Attention of ttre Sub-Registrars and Offi.cers in the address entry is inuited to the reference cited., tuhercin Hon'ble High Court, ulhile disposing tte W.p No.16836/2O24 and batch cases, d.ated.: O7-OZ_2024 issued common orders taith certain guid.elines to the Registration Authorities and instructions to concerned. parties.

¶33

In compliance uith the orders of th.e Hon'ble High Court, the follotuing instructions are issued..

¶34

i) Wh.eneuer parties/ citizen approach to register the doanments, the concerned Sub-Registrar, shall as expeditiously as possible preferablg utithin one week, either register the doanment o, pa.ss refusal ord.er, in tenns of the Registration Act, lgOB and the Indian Stamp

¶35

¶36

¶37

Act, 1899 and comttunicate^{the same to tLLe concerned} parties. In no case, the Sub-Registrars^{sh.all not refuse the} doatmeruts orallg for registration,^{and it mustbe} folloued by a u.tritten refusal orders.

¶38

ii) In case doanments are refused for^{registration, the Sub-} Registrars shall infonn the^procedure for^{refund of Stamp} DutA and registration ch-arges to^{th-e concerned} parties/ Citizens clearlg. TLe refund slnll^be stictlg^{as per} Indian Stamp Act, 1899^{and RegistrationAct, 1908.}

¶39

iii) Sub-Registrars shall maintain a^{watch Register/} General Diary^pD Book/ Entry^{Book/ Register)at euery} Sub-Registrar Office and to^{make entries of the parties} approaching the office on a^{partianlardate and time} for the purpose for ulhich theg^{approachedth-e office, so as to} auoid interference, tampeing and^{misrepresentation.}

¶40

In uietu of the aboue Sub-Registrars^{are herebg}

¶41

directed to maintain a^{Register in the} follotuing^proforrna.

¶42

Sl.lVo	Date	Time	Name ofthe PartA	Full Postal address	Contact	htrpose ofutsit and propefiA d.etails	Signature of the partg	Remarks

¶43

Alt the Sub' Registrars shall inuariablg^{maintain the} register in the aboue proforma in^{tlrcir offi.ceand shall be} kept open to th.e uisiting^{public to the office to recordtteir} purpose for tlrc future reference.

¶44

TLe Distict Registrars shall^{ensure that the aboue} Registers are opened and maintained^{in the each Sub-} Registrar Office on regular basis.

¶45

iu) The registering authoities^shall follout^{tte guidelines} issued in th.e cases of Vinjamui^{Rajagopla ClwryVs.} State of Andhra Pradesh and M/s.^{InuectaTechnologies} Priuate Limited Vs. Gouemment^{of AndhraPradesh.}

¶46

These instructions shall be folloued scrupulouslg. If ang deuiation is found, suitable disciplinary^{action u.till be} initiated. These instr.tctions will not supersede^{the citizen} chnrter prescibed for uarious seruices rendered^{bg the} department."

¶47

¶48

)

¶49

Learned Assistant Government pleader for Stamps and Registration submits that if the petitioner submit the subject document before the registering authorities the same would be considered and appropriate orders in will be passed in accordance with law.

¶50

At this stage, learned counsel for petitioner submits that the petitioner may be permitted 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.

¶51

It is pertinent to note that 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, lg99 and communicate the same to the concerned parties; in no case, the Sub_Registrars shall not refuse the docum.ents orally for registration and it must be followed by a written refusal order.

In t iew of the above and without expressing any opinion on merits of the casi:, this writ petition is disposed of, with a liberty to petitioner to approach the Registering Authority with the subject document and thereafter it is open to the Registering Authority to register/refuse the subject document, as expeditiously as possible, preferabl_y within a period of one (01) week from the date of receipt of the subject document, bv duly assigning reasons in support of such decision and communicate the said decision to the petitioner.

¶56

With the above directions this rvrit petition IS disposed of. Miscellaneous applications, if any pending, shall

¶57

stald closed. No order as to costs

¶58

¶59

SD/-A.V.S, PRASAD //TRUE COpy// ASSISTANT RES-TFAR ,/

¶60

SECTION SFFICER

¶61

The Secretary, Stamps and Registration Department. DR BR Ambedkar ^ r eralg?na secretariat, Hyderabad, State of Telangana, ?. llu^{Sub Registrar, Matkajgiri Medchat tvtattaiqiri} D'istriit

¶62