ORDER:

Heard learned counsel for the petitioners and Sri.H.Rakesh Kumar, 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.

2. This Writ petition is filed seeking the following prayer:- “to declare the action of the 2nd respondent in refusing to receive and register the Memorandum of Gift (Hiba) in respect of the house plots admeasuring 100 Sq.Yds., to each Petitioner in Sy.No.7, situated at Mansoorabad Village, Saroornagar Mandal, R.R District, without assigning any reason as illegal, arbitrary, contrary to the provisions of Section 71(1)(2) of the Registration Act .”

3. Learned counsel for the petitioners submits that one Mohd.Yousuf Khan and Smt.Vasam Tulasamma @ Sultana are the absolute owners of the land admeasuring 1600 bigas equivalent to 2400 acres of land in Sy.No.7 situated at Mansoorabad Village, Saroornagar Mandal, R.R. District, having succeeded the same by virtue of inheritance from the ancestors of Mohd.Yousuf Khan. It is further submitted that Mohd.Yousuf Khan, with an intention to gift the subject property to the petitioners executed the gift deeds and petitioners approached the respondent No.2 for registration. However, the respondent No.2 orally refused to register the same.

Aggrieved by the same this writ petition is filed.

4. Learned Assistant Government Pleader for Stamps and Registration 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 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 Postal Contact Purpose of Signature Remarks

the Party address No. visit and of the property party 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 scrupulou