HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.30444 of 2024

ORDER

This Writ Petition is filed seeking to declare the action of the respondents particularly the 2^nd respondent in refusing to receive, register and release the sale deed in respect residential House No.27-16/19/2/5/1, (PTI No.1280890982), (Old No.27- 16/19/2/5) extent 300 Sft., of ac Sheet Roof, on Plot No.7, extent 257.33 Sq.Yds in Survey Nos.103 and 104, Situated at Sri Krishna Nagar Colony, behind Krupa Complex, Neredmet, within the limits of Greater Hyderabad Municipal Corporation, Malkajgiri Circle, Medchal-Malkajgiri District, as illegal arbitrary against the provisions of Registration Act and against the settled principle of law and consequently direct the 2nd respondent to receive, register and release the sale deed in respect of above property.

2. It is stated that the petitioner is the owner and possessor of residential House No.27-16/19/2/5/1, (PTI No.1280890982), (Old No.27-16/19/2/5) extent 300 Sft., of ac Sheet Roof, on Plot No.7, extent 257.33 Sq.Yds in Survey Nos.103 and 104, Situated at Sri Krishna Nagar Colony, behind Krupa Complex, Neredmet, within the limits of Greater Hyderabad Municipal Corporation, Malkajgiri Circle, Medchal-Malkajgiri District. It is further stated that the petitioner intended to sell the subject property and when he approached the respondent No.2, he refused to entertain the same and orally informed that the said residential house covered by the Sy.Nos.103 and 104 are wakf lands.

3. Considered the submissions made by learned counsel for the petitioners, learned Assistant Government Pleader for Stamps and Registration, appearing for respondent Nos.1 and 2 and Mr.Farhan Azam Khan, learned Standing Counsel for the Waqf Board appearing for respondent No.3 and with their consent this writ petition is disposed of at the admission stage.

4. Learned Assistant Government Pleader for Stamps and Registration has 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 Contact Purpose Signature Remarks the Party Postal No. of visit of the address and party property details All the Sub- Registrars shall invariably maintain the register in the above proforma in their office and s