THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.21730 of 2025

ORDER:

This Writ Petition is filed to declare the action of respondent No.4 in not considering the representation of the petitioner dated 05.02.2025 seeking refund of stamp duty and registration fee of Rs.8,16,900/- (Rupees eight lakh sixteen thousand and nine hundred only) paid vide e-Challan No.272U3U050824, dated 05.08.2024 for execution of Partition Deed as illegal and arbitrary.

2. Heard Sri K.S.Suneel, learned counsel for the petitioner and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration for the respondents. 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.8,16,900/- (Rupees eight lakh sixteen thousand and nine hundred only) paid towards Stamp Duty and Registration Fee vide e-Challan No.272U3U050824, dated 05.08.2024 for execution of Partition Deed with reference to registration of Plot No.2D(part) admeasuring 1200.00 Sq. Yards out of 2000 Sq. Yards in Survey Nos.53 and 54 situated at Mansoorabad Village, Saroornagar Revenue Mandal, Ranga Reddy District.

4. Learned counsel for the petitioner submits that due to internal disputes between the petitioner and other co-sharer, the Partition Deed could not be presented for registration. In view of the same, the petitioner has submitted a representation dated 05.02.2025 to respondent No.5 for refund of Stamp Duty and Registration Fees. 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, 1899, 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. 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.8,16,900/- (Rupees eight lakh sixteen thousand and nine hundred only) within a period of eight (08) 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.

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JUSTICE K.SARATH Date: 25.07.2025

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