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2025 Supreme(Online)(Tel) 48825

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K. SARATH
KESARAM DAMODAR REDDY – Appellant
Versus
THE STATE OF TELANGANA – Respondent
WP 20334/2025



THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.20334 of 2025

ORDER:

This Writ Petition is filed to declare the action of respondent No.5 in not considering the representation of the petitioner dated 16.06.2025 seeking refund of Rs.1,54,533/- (Rupees One Lakh Fifty Four Thousand Five Hundred and Thirty Three only) paid vide e-Challan No.REG2100539541, dated 01.07.2021 towards Stamp Duty, Mutation Charges, PPB Charges, Transfer Duty, Registration Fees and Haritha Nidhi, paid for registration of intended sale deed and subsequently cancelled slot on 01.07.2021 and refund ID generated vide No.RR2100006734, as illegal and arbitrary.

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Stamps and Registration for the respondent No.1, 3 to 6 and learned Assistant Government Pleader for Finance and Planning appearing for respondent No.2 and 7. With the consent of both the parties, this writ petition is disposed of at the stage of admission itself.

3. It is the case of the petitioner that she has paid Rs.1,54,533/- (Rupees One Lakh Fifty Four Thousand Five Hundred and Thirty Three only) towards Stamp Duty, Mutation Charges, PPB Charges, Transfer Duty, Registration Fees and Haritha Nidhi, vide e-Challan No.REG2100539541, dated 01.07.2021 for registration of agricultural land admeasuring Ac.0.255 guntas in Survey No.483అం/2 of Pochampally Village, B.Pochampally Mandal, Yadadri Bhuavanagiri District.

4. Learned counsel for the petitioner submits that due to unforeseen circumstances, the transaction between parties could not be materialized and the parties have agreed to cancel the slot booked in Dharani Portal on 01.07.2021 for refund of Rs.1,54,533/- paid through e-Challan No.REG2100539541. In view of the same, the petitioner has submitted a representation dated 16.06.2025 to respondent No.5-the District Collector for refund of said amount paid towards Stamp Duty, Transfer Duty, Registration Fees, User Charges and Mutation charges. As there was no response from the respondents, the petitioner was constrained to approach this Court.

5. Learned Assistant Government Pleader for Stamps and Registration submitted that under the provisions of Stamp Act, the respondent No.5-District Registrar is competent to refund the amount within a period of six months and after six months period, it is the Inspector General 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 petitioner and in all likelihood, the amount would be refunded to the petitioner as expeditiously as possible.

6. Taking the above facts and circumstances into consideration, this Court is of the considered view that the amount deposited by the petitioner towards payment of stamp duty and registration charges cannot be withheld by the respondent authorities for a period of more than one year and the respondents have to refund the amount. 7. Accordingly, this Writ Petition is disposed of directing the respondents to refund the amount of Rs.1,54,533/- (Rupees One Lakh Fifty Four Thousand Five Hundred and Thirty Three only) within a period of four (04)

weeks from the date of receipt of copy of this order.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

_____________________ JUSTICE K.SARATH Date: 16.07.2025

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