HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.23209 of 2024

ORDER:

This Writ petition is filed seeking the following prayer:-

“to declare the action of the Respondent No.3 not receiving Validating / Impounding the documents 1) Copy of Gift Deed dated 23.01.2012, 2) Copy of Will 03.03.2012 produced by the Petitioner in respect of Property House Bearing Municipal Nos.11-4-721, 11-4-722, 11-4-722/a, 11-4- 722/1, and 11-4-722/1/A admeasuring 683.00 Sq Yards or equivalent to 573.56 Square meters Situated at Bazar Guard Hyderabad T.S., 2) Property Mulgi Bearing Municipal No 11-4-723/2, 11-4-723/3 and 11-4- 723/4 admeasuring 50.00 Sq Yards or equivalent to 41.8 Sq meters Situated at Bazarghat, Near Niloufer Hospital Hyderabad, 3) Property First Floor Upper Storey House Bearing Municipal No.11-4-723/1, admeasuring 50.00 Sq Yards or equivalent to 41.8 Sq meters Situated at Bazar Ghat, Hyderabad, 4) Property Western Portion of House Bearing Municipal No 11-4-723, admeasuring 150.00 Sq Yards or equivalent to 125.41 Sq Meters Situated at Bazar Ghat Hyderabad as illegal, arbitrary and violation of articles 14, 21 and 300(A) of Constitution of India also against the Principles of natural justice and consequently direct the Respondent No 3 to said documents.”

2. Brief facts rising to file this writ petition are that petitioner claims to be joint owner and peaceful possessor of subject property and submits that petitioner intend to obtain bank loan in respect of subject property, however the petitioner found that the subject document sought for registration is based on an unregistered link document. Thereafter, petitioner approached the respondent No.3 to validate/impound the said documents. However, respondent No.3 was not receiving and validating/impounding the subject documents. Subsequently, petitioner made representation before respondent No.3 on 23.07.2024 submitting all his grievances and the said representation was acknowledged by the office of respondent No.3 on 23.07.2024, however till date the respondent No.3 has not disposed the petitioner representation or validated/impounded the documents. Aggrieved by the same, the present writ petition is filed.

3. Learned Assistant Government Pleader for Stamps and Registration appearing for respondents appearing for respondents submits that as per Section 41 of Indian Stamps Act, 1899, the petitioner ought to have approached the respondent authorities for validating/impounding the documents within a period of one year from the date of first execution of the document, however, the petitioner has approached before respondent authorities after the limitation period. Hence, prayed this Court to dismiss the writ petition.

4. At this stage, when this Court posed query about the delay and latches in producing the alleged documents for validating/impounding before respondent No.3, learned counsel for the petitioner fairly submits that petitioner has approached the respondent authorities after the limitation period.

5. Heard both sides.

6. Section 41 of The Indian Stamp Act, 1899 reads as

41. Instruments unduly stamped by accident. — If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable with a duty not exceeding ten naye paise only or a bill of exchange or promissory note, is produced by any person of his own motion before the Collector within one year from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next herein after prescribed.”

7. In view of the above submission made by learned counsel on either sides and the fac