M. Pallavi Vs the State of Telangana

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[³³⁰² ]

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

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TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITIO N NO: 21200 OF 2025

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Between:

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M. Pallavi, Wo. V. Mahender Reddy, Age- 36 years, Occ- Employee, R/o. H. No. 11-11-343, Road No. 5, Sowbhagyapuram colohy,' Kothapet, Saroornagar, Rangareddy - 500035

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...PETITIONER

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AND

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1 THE STATE OF TELANGANA, Represented by Principal Secretary to Revenue Dept Dr. B,R Ambedkar Telangana Secretariat, Hyderabad, Telangana-500022

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THE STATE OF TELANGANA, Represented by Principal Secretary to

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Finance Dept Dr B.R Ambedkar Telangana Secretariat, Hyderabad, Telangana-500022

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THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, Nampally

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Station Road, Abids, Hyderabad- 500001.

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THE COMMISSIONER AND INSPECTOR GENERAL, (Registrations and !tamps),^{Telangana, Registration Bhavan, Osmangdnj,- M.J Market,} Hyderabad-500001 .

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THE DISTRICT COLLECTOR, lntegrated District Office Complexes, Kongarakalan village, lbrahimpatnam Mandal, Ranga Reddy District, Telangana 501510.

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THE TAHSILDAR AND JT SUB REGISTRAR, Shamshabad Mandat, District, Telangana-501 5'10.

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THE DISTRICT TREASURY OFFICER, lntegrated District Office Comptexes, Kongarakalan Village, lbrahimpatnam Mindal, Ranga Reddy District, Telangana 501 510.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the act of Respondent Nos.2 and 3 in not refunding

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Cvv- U I

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&,-

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stamp amount of Rs. 3,95,4741- (Rupees Three lakhs Ninety five thousand Four hundred and Seventy four only) paid vide Challan No. REG2'l 01098'12 in regard with unsuccessful registration of agricultural land to extent Ac.0-30009ts. In survey No. 439lRUl1l1l2l1, Kawaguda village, Shamshabad Mandal, Rangareddy District as illegal, arbitrary, unreasonable, violative of Articles 21 and 300-A of the Constitution of lndia, contrary to G.O. Ms. No. 178, Revenue (Regn-l) Department, dated 05/08i2017, G.O. Ms. No. 92, Revenue (Regn-l) Department, dated 09/05/2018, Government circular Memo No. Revenue/ 6309/ Assn.l(1)l 2021-1 , dated 19-03-2021 , and consequently direct the Respondent Nos.2 and 3 to refund to the Petitioner the stamp duty. transfer duty, and Registration fee amount of Rs. 3,95,4741 (Rupees Three lakhs Ninety five thousand Four hundred and Seventy four only) paid vide Challan No. REG210109812 along with 24 7o interest per annum.

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1A NO: I OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the Respondent No.2 to consider Petitioners representation dated21 .04.2025, pending disposal of Writ petition.

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Counsel for the Petitioner: SRI K.RAVI KUMAR

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Counsel for the Respondent No.1 & 3 to 6: AGP FOR REVENUE

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Counsel for the Regpondent No.2 & 7: AGP FOR FINANCE

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The Court made the following: ORDER

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//

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THE HONOURABLE SRI^{JUSTICE K.SARATH}

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WRIT PETITION No.212OO of 2o25

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ORDER:

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This Writ Petition is liled to^{declare the actionof} respondent^{Nos.2 and 3 in not refunding stampamountof}

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Rs.3,95,474/-^{(RupeesThree lakhs ninety five thousand four} hundred and seventy^{fouronly) paid vide Challart} No.REG2 1Olo98l2^{in regard r,t'ith unsuccessfulregistration} of agricultural land^{toextent ofAc.O-30OO guntas in} Sy.No.439/RU ll l1l2ll, Kawaguda Village, shamshabad Mandal, Rangareddy^{District as illegal, arbitrar5r andviolative} of Articles 2L^{and 300-A of the Constitution of India,contrar5r} to G.O.Ms.No.178,^{Revenue (Regn-l) Department,dated} 05.08.2017, G.O.Ms.No.92,^{Revenue (Regn-I) Department,} dated 09.O5.2O 18, Government Circular Memo

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No.Revenue/63O9lAssn.l(ll /2021-1,^{dated 19.O3.2021and} consequently direct^{the respondent Nos.2 and 3 to refund to} the petitioner the^{stampduty, transfer duty, and registration} fee amount of Rs.3,95,474/-^{(Rupees Three lakhs ninety hve} thousand four hundrcd^{and seventy four only) paid vide}

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2

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sK,J W.P.No.2l2OO of 2025

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Challan No.REG2 101098 12 along with 24o1, interest per annum.

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It is the case of the petitioner that shc intended to purchase agricultural land admeasuring to an cxtcnt of Ac.O30.00 guntas in Sy.No.439IRUIIILl2l1, Kawaguda Viltage, Shamshabad Manda-I, Rangareddy District. She remitted requisite stamp duty, transfer duty ald registration fee vide Challan No.REG2 10109812 generated through Dharani Porta,l for execution of sale deed. She bookcd slot for registration on 15.12.2021. Due to technical problem 1n Dharani Portal, the petitioner has cancelled the said slot and made application on 21 .O4.2025 in Dharani Portal for refund of Rs.3,95,4741- paid through e-Challan No.REG210109812 towards requisite stamp dut5z, transfer duty and registration fee and decided not to go ahead with the sale transaction. As there is no response from the respondents, the pr:l itioner has constrained to approach this Court.

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Learned Assistant Government Pleader submitted that under the provisions of Stamps Act, the District Collector is .competent^{to refund the arnount} within a periocl of six (6) Itronths and after six months period, it is the Inspector

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sK,J w.P.No.2l2OO ot 2025

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Genererl of Stamps and Registrations, who has^{to take a} decision and due to the administrative^{reasons, the delay has} occurred for refund of amount to^{the petitionerand in all} likelihood, the amount would be refunded^{to the petitioner as} expeditiously as^possible.

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Taking the above lacts and circumstances^into consideration, this Court is of the^view that the^amount deposited by the petitioner towards^payment of^{stamp duty} and registration charges could not^{have been withheld by the} respondent authorities for a period of^{more than one year and} the respondents have to refund the amount.

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Accordingly, this Writ Petition is disposed of directing the respondents to refund the amount of Rs.3,95,4741-withtn a period of four (04) weeks from the date of^{receipt of copy of} this order.

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Miscellaneous petitions, if any, pending in this^Writ

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Petition sha-Il stand closed

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SD/.K.S.R.MURTHY DEPUW REGISTRAR

//TRUE^COPY//

To,

SE"(korr,"r*

The Principal^{Secretaryto Revenu-e-D-e-pt Dr' B R AmbedkarTelangana} Secretariat, Hyderabad,^{Telangana-5uuu22}

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z The Princioal Secretary to^{Finance Dept Dr' B R Ambedkar Telangana} -' Selretariati Hyderabad, Telangana-500022

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3.TheChiefCommissionerofLandAdministration,NampallyStationRoad. Abids, HYderabad-^500001.

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The Commissioner^And lnsoector General,^{(Registrationsand Stamps)'} b;5;il o-smanquni,^{M.J Martet,Hvderabad-}

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Telangana,^Registration 500001

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5 The District collector, lntegrated District office complexes. Konoarakaran village, lbrahimpatnam Mandat, Ranga Reddy District, i;i;;g;ra'sdi 51 O*'""

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