Bojja Swamy Goud Vs State of Telangana

Lingala Pranay, s/o. Satyanarayana, lndian, Aged About 21 Years, Occ. Student,^FJo. 2-175, Narayanapur, Yellareddypet Mandal, Rajanna Sircilla District.

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...PETITIONERS

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AND

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State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat, Hyderabad.

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The Tahsildar and Joint Sub-Registrar, Mosra, Mosra Mandal, Nizamabad District.^"'

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in not receiving and registering and releasing the Sale Deeds presented by the Petitioners in respect of the land admeasuring Acres 0.'1800 in Sy.No. 95213519. 95213818 belongs to the 1st Petitioner and land admeasuring Acres 0.3500 in Sy.No. 952/35n,-95213415,95213019 and952131fl of the 2nd Petitioner situated at Mosra village and mandal, Nizamabad District, as illegal, arbitrary, unlawful. without^jurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article 14 of Constitution of lndian, and consequently direct the 2nd Respondent to receive, register and release the Sale Deeds^presented by the petitioners in respect of above said property.

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lA NO: 1 OF 2025

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Petition under section 151^{CPC praying that in the circumstances statedin} the affidavit filed in support of the^{petition, the High court maybe pleased to direct} the 2nd Respondent to receive,^{register and release the sale Deeds presentedby} the Petitioners in respect of the^{landadmeasuringAcres0''1800 in Sy.No'} g52l35lg, g52t38l1 belongs to the 1st Petitioner ahd land admeasuring Acres 0.3500 in Sy.No. 952i35 n,^{g52134t5, g52t31lg and 952t3117 of the 2nd Peiitioner} situated at Mosra village and^{mandal, Nizamabad District, pending disposal of the} present Writ Petition.

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Counsel for the Petitioners: SRI K.DURGA^PRASAD Counsel for the Respondents: AGP^{FOR STAMPSAND REGISTRATION}

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The Court made the following: ORDER

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n

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HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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trtRIT PETITION No.2686 of 2O2s

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ORDER:

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 and 2. With their consent this writ petition is taken up for disposal at the stage of admission itself

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This writ petition is filed praying to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2.a respondent in not receiving and registering and releasing the SaIe Deeds presented by the Petitioners in respect of tl.e land admeasuring Ac.O.18OO in Sy.No.952l35/9, 952 /38/8 belonging to l"t Petitioner and land admeasuring Ac.O.35O0 in Sy.No.952l3517, 952/34/s, 9s2l30l9 and 952/3r/7 of the 2nd petitioner situated at Mosra village and mandal, Nizamabad District.

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Learned counsel for the petitioners submits that the 1st and 2na petitioners are the absolute owners and possessors of the said land. It is further submitted that when the l't and 2.d petitioners with an intention to alienate the subject propert5r in

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favour of petitioner No.3, prepared two sale deeds dated 27 .O7.2025 and approached respondent No.2 for registration and booked slot ald an advisory was also generated by giving the date of registration as 31.01.2025 at 10:30 and 1O;45 hours with application Nos.2500048452 and 2500048388 However, 2',,1 respondent neither registered the sajd documents nor released the same nor passed arty orders on the said slot booking. How-ever, the respondent No.2 orally refused to register the same. Aggrieved by the same this writ petition is Itled.

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

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"As ct responded 4th in Wit Petition No. 10033/'2024, I would like to submit that tte Petitioner has approaclad thi^s office and orallg get the infonnation about tlte Surueg Numbers in respect of PLot Nos-139 and 152 in Sy Nos 289 o.nd 290 admeasuring 120 Sq Yards with plinth area of 94O Sq Feet.s situated at J K Colong Neredmet under GHMC Malkajigiri Circle Malkajigin Mandal Medclta I M alkajigiri District.

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As per the Telangana State Waqf Board, Hyderabad No.F.No. P2/ 21/ RR/ PROT/ 2O12,DT:24.O2.2020, has fumished^{a list as NotifiedNo.} 32,^pubtished. in Ap Gazzeette, Part-II dated: 13.09.2O01 issued bg State Wakf Board in respect of 289 and 290 situated at Malkajgii uillage, Malkajgiri Mandal falls und,er

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Wakf Board Propertg list and not to functions anA transaction s on aboue said Surueg No. 289 and 290.

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As per this office Prohibited uatch Registrar, furnisled^{bA O/o. Tahsildar,Malkajgiri Mandal, MM} dist uide Lr No. B/Spl/2015, dt: .O2.09.2015 ha.s stated th.e Surueg No. 289 and 290 is in Prohibitory propertg ts a (WAKF Board) land."

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karned Assistant Government Pleader for Stamps and Registration has also placed on record the circular instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad uide Circular Memo No.G3/9L22/2O24, dated 12.08.2024, which reads as under:-

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"Attention of the Sub-Registrars and Officers in tlrc address entry is inuited to tLrc reference cited, utherein 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 tle Registration Authnities and instructions to concerned parties.

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In compliance uith the orders of the Hon'ble High Court, tte followtng instruction s are issued.

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i) Wleneuer parties/ cttizeru approach to regi.ster tlw docamentq the concerned Sub-Registrar, sLtall as expeditiouslg os possible preferablg utithiru orue u.teek, either register the document or pass refusal order, in terms of tte Registratiort Act, 1908 and tle Indian Stamp Act, 1899 and communicate tle same to the concerned partbeJn no case, the Sub-Regi.strars shall not refuse th.e

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documents orallg for registration, and it^{must be} followed bg a uritten refusal orders.

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ii) In case documents are refused for registration,^{the Sub-} Registrars slnll infonn th.e^procedure for^refund of^Stamp DutA and registration charges-' to tfe^concented parties./ Citizens clearly. The refund slnll be strictlg as per Indian. Stamp Act, 1899 and Registration Act,^1908.

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iii) Sub-Registrars shall maintain a utatch Register/ General Diary^pD Book/ Entry Book/ Register) at euery Sub Registrar Office and to make entries of the^parttes approacLting the office on a particular date and time for the purpose for uhich tleg approaclad the office, so as^to auoid i.nterference, tampeing and misrepresentation.

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In uiew of tlrc aboue Sub-Regi.strars are lerebg

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directed to maintain a Register in the follou,ting proforma.

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SI,,VO	L)ole	Time	Name ofthe PatlA	FUU Postal address	Contact No.	Purpose ofvistl and propert!t detdils	Signature of the pana	Remo.rks

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All the Sub- Registrars shall inuaiablg maintain the register in the aboue proforma in tLrcir office and shall be kept open to the uisiting public to the office to record their purpose for tlrc fufure reference.

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The District Registrars shall ensure that the aboue Registers are opened and maintained in tle each SubRegistrar Office on regular basis.

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iu) Tle registeing authoittes shall follow the guidelines issued in tlrc cases of Vinjamuri Rajagopla Chary Vs. State of Andhra Pradesh and M/s. Inuecta Technologies Priuate Limited Vs. Gouemment of AndLva PradesLt

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These instructions shall be folloued scrupulously. If any deuiation is found, suitable disctplinary action tuill be initiated. These instructiorus u.till not supersede the citizen charter prescibed for uarious seruices rendered bg the departnt ent."

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In 'riew of the above and without expressing any opinion on merits of the case, in terms of the said Circular, the respondent No.2 shall examine the applicabitity of letter dated 24.O2.2O2O issued by The Telangana State Waqf Board, Hyderabad ald after verifying the list of prohibited properties details furnished by Thahsildar, Malkjgiri Mandal, vide Ietter dated 02.09.2015 and may verify the document presented by the petitioners for registration in pursuance to SaIe Deeds generated in Dharani, artd pass appropriate orders as expeditiously as possible and communicate their decision to the petitioners within a period of (03) weeks from the date of presentation of subject document by ttre petitioners.

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7 . With the above directions this writ petition is disposed

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of. No order as to costs.

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Miscellaneous applications, if any pending, shall stand

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closed.

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SD/. N.RAJA^OPAL DEPUW REG TRAR

/,TRUE COPY/'

SECTION OFFICER

To

Principal Secretary,^{Revenue (Regiskation and Stamps) Department'} Secreiariat, Hydeiabad,^{State of Telanga.na'}

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ih; i;li;ilaar'and^{Joini 5ru-aesi.i,;,,"Mosra,Mosra Mandal' Nizamabad} District.

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o;;'cb to sRl^{K.DURGAPRASAD,4qv-oc,-al9[o-?!cl} ;. i;; cc"i"-ci ion^{sraMi'sXNE iilet-siRnrtoN, Hish court ror the} State of Telangana,^{at Hyderabad.} [OUT]

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