THE HONOURABLE SRI JUSTICE K.SARATH

ORDER:

This Writ Petition is filed to declare the action of respondent Nos.2 and 3 in not refunding stamp amount of Rs.3,95,474/- (Rupees Three lakhs ninety five thousand four hundred and seventy four only) paid vide Challan No.REG210109812 in regard with unsuccessful registration of agricultural land to extent of Ac.0-3000 guntas in Sy.No.439/RU/1/1/2/1, Kawaguda Village, shamshabad Mandal, Rangareddy District as illegal, arbitrary andviolative of Articles 21 and 300-A of the Constitution of India, contrary to G.O.Ms.No.178, Revenue (Regn-I) Department, dated 05.08.2017, G.O.Ms.No.92, Revenue (Regn-I) Department, dated 09.05.2018, Government Circular Memo No.Revenue/6309/Assn.I(1)/2021-1, dated 19.03.2021 and consequently direct the respondent Nos.2 and 3 to refund to the petitioner the stamp duty, transfer duty, and registration fee amount of Rs.3,95,474/- (Rupees Three lakhs ninety five thousand four hundred and seventy four only) paid vide Challan No.REG210109812 along with 24% interest per annum.

2. It is the case of the petitioner that she intended to purchase agricultural land admeasuring to an extent of Ac.0- 30.00 guntas in Sy.No.439/RU/1/1/2/1, Kawaguda Village, Shamshabad Mandal, Rangareddy District. She remitted requisite stamp duty, transfer duty and registration fee vide Challan No.REG210109812 generated through Dharani Portal for execution of sale deed. She booked slot for registration on 15.12.2021. Due to technical problem in Dharani Portal, the petitioner has cancelled the said slot and made application on 21.04.2025 in Dharani Portal for refund of Rs.3,95,474/- paid through e-Challan No.REG210109812 towards requisite stamp duty, transfer duty and registration fee and decided not to go ahead with the sale transaction. As there is no response from the respondents, the petitioner has constrained to approach this Court.

3. Learned Assistant Government Pleader submitted that under the provisions of Stamps Act, the District Collector is competent to refund the amount within a period of six (6) 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.

4. Taking the above facts and circumstances into consideration, this Court is of the view that the amount deposited by the petitioner towards payment of stamp duty and registration charges could not have been withheld by the respondent authorities for a period of more than one year and the respondents have to refund the amount.

5. Accordingly, this Writ Petition is disposed of directing the respondents to refund the amount of Rs.3,95,474/-within a period of four (04) weeks from the date of receipt of copy of this order.

6. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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JUSTICE K.SARATH Date: 22.07.2025 BB