Mohammed Omer v. The State Of Telangana And 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) WEDNESDAY, THE THIRD DAY OF MARCH IWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 4362 0F 2021 Between:

Mohammed Omer, S/o. late l\,4ohammed Azeemuddin, Aged about 40 years, Occ. Business, Rio H.No.1-4-45312, Birban Street, Bholakpur, Hyderabad. ...'ET,T,ONER AND1. The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department Government of Telangana, Secretariat, Hyderabad.

2. The District Registrar, Hyderabad District. Hyderabad.

3. The Sub-Registrar, SRO, Chikkadpally, Hyderabad. RES'ONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus declaring the action of Respondent No.3 in refusing to register sale deed on the ground that stamp duty already paid on 0610112020 is lapsed without assigning any valid reason as illegal, arbitrary and unjust and violation of Article '14' 21 and 300-4 of the Constitution of lndia, consequently direct the respondents to register the Sale Deed by accepting the Stamp duty already paid on 0610112020.

lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No.3 to receive and register the Sale Deed by accepting the stamp duty already paid OOIO1t2O20 pertaining to Residential property comprising GHIr/C H.No.1-1-47511 , consisting of plinth area of 909 Sq.Feet with ACC Roof and land admeasuring 1 01 Sq.Yards, situated at Gandhi Nagar, New Bakaram, Hyderabad, pending further orders in the writ petition.

Counsel for the Petitioner: SRI E. V. V. S. RAVI KUMAR Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

.) HONOURABLE SRI JUSTICE P,NAVEEN RAO WRIT PETITION No. 4362 of 2O2l ORDER:

Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents' 2.

Petitioner claims that the original owner of residential property bearing GHMC H.No.1-1-457 11, with a plinth area of 9O9 Sq. feet admeasuring 101 Sq'yards, situated at Gandhi Nagar, New Bakaram, Hyderabad was Mrs Amboo Bai Dave. During her life time she executed a Gift Deed vide document No.1220 of 1999 in favour of her son Sri Vinayak Bhagvan Dave. After the death of Sri Vinayak Bhagvan Dave, his wife succeeded to the above property. On 08.01.2O20 the vendor of petitioner executed a Power of Attorney for sale of above property and petitioner paid an amount of Rs. 1,86,000/- towards stamp duty and registration charges on 06.0l .2O2O. Due to Covid- 19 Pandemic, imposing of lock down and continuous spread of virus, petitioner could not venture to take further steps for registration of the document.

As virus impact has drastically come down, petitioner presented the document for registration on t2.O1.2O21. The Sub-Registrar, Chikkadpally, Hyderabad-3.d respondent refused to receive the document holding that the stamp duty and registration charges paid by the petitioner on 06.0L.202O is no more valid and he has to pay the entire amount. Aggrieved by the decision of 3.d respondent refusing to receive the deed of conveyance presented for registration and insisting to pay fresh stamp duty and registration charges, this writ petition is filed.

-J 3.

Ex'P, 1 is the Chailan paid by the petitioner before the State Bank of India, evidencing payment of amount of Rs 1'86'000/- and at Page No' 16 is the registration e-Challan Slip' By acknowledgement receipt dated l2'Ol'2021 filed at Page No'17 of the writ petition paper book' the State Bank of India endorsed payment of amount on 06 01 2020' Thus' it is not in dispute that petitioner has paid the entire transaction amount required to process the deed of conveYance'

4.

According to learned Assistant Government Pleader for Revenue, the stamp duff and registration charges once paid is valid for a period of six months and within a period of six months' person can seek to present the document for registration' In the instant case, six months period was over by July' 2O20' Therefore' after July, 2O2O Lrle stamp duty and registration charges are not to pay the amount again' However'

valid and Petitioner has party to seek refund of the amount Government enabled the has to be bY waY of indePendent alreadY Paid, but that In other words, according to learned Assistant proceedings.

Government Pleader, unless stamp duty and registration charges are paid again, the deed of conveyance cannot be processed' 5.

On account of the outbreak of Covid virus an extraordinary situation has arisen in the entire world The entire country had to be in a lock down situation for a very long time and even after relaxation of the lock down conditions gradually' it took very very long time to restore normalcy' Even now people are not venturing to move out freely as virus is still prevaiiing and consequences of the virus infection are more grave' Only now' the Government is administering vaccine in a pia6ed manner' Thus' till January'

-1 2021, if petitioner has not ventured to go before the registering authority to present the document for registration' he cannot be faulted. Registration of document cannot give PrioritY having Thus, in the extraordinary concerns of health regard to the the action of the 3'd respondent in refusing to circumstances, accept the plea of petitioner to adjust the stamp duty and registration charges already paid on 06'0l '2O2O to process the Having paid the stamP deed of conveyance cannot be appreciated'

because the deed of duty and registration charges, mereiy conveyance was not presented within six months from payment of stamp duty and registration charges, penalized by directing him to pay entire amount again without adjusting the amount already lying in their account and asking him to apply for refund of the amount seParatelY.

6.

Having regard to the peculiar facts of this case and having regard to the Pandemic that prevails even now' the Sub-Registrar3rd respondent is directed to receive the deed of conveyance to be presented by the petitioner along with challan dated 06'O1 2O20' process the document for registration' if the same is otherwise in order without insisting for payment of stamp duty and registration charges again. The entire exercise shall be completed within a period of four weeks from the date of receipt of copy of this order' 7.

With the above directions, the Writ Petition is disposed of' Pending miscellaneous petitions, if any, shall stand closed' SD/.K.VENKAIAH ASSISTANT REGISTRAR i.''- SECTION OFFICER ,TRUE COPY// To,

1. The Sub-Registrar, SRO, Chikkadpallv. Hvderabad.

2. One CC to Sri E. V. V. S. Ravi Kumar, Adirocate [OpUC]

3. Two CCs to GP for Stamps and Registration', High'Court for Telangana at Hyderabad. [OUT]

4. Two CD Copies.

MP '\ j-- the State of

HIGH COURT DATED:0310312021 \ TArE S 15t{AR Ezl oo * * oFs

ORDER

WP.No.4362 ot 2021 i DISPOSING OF THE WRIT PETITION WITHOUT COSTS "\