AMER ALI KHAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition has been filed seeking to declare the action of the 3rd respondent, District Registrar, in issuing the impugned order bearing Proceedings No.Refunds/8087/2021 dtd. 26/10/2022 refusing to refund the Stamp Duty and Transfer Duty pertaining to the pending Doc.No.P-99/2021 on the file of the 4th respondent, Joint Sub-Registrar-II, as being illegal and arbitrary and consequently to set aside the same, insofar as the refusal for refund of the Stamp duty and transfer duty are concerned and also to direct the respondent authorities to refund the Stamp duty and transfer duty in accordance with law.

(2.) It is the case of the petitioner that he entered into a sale deed with one Khairunnisa Begum W/o. late Syed Yousuf Akhtar for purchase of open land admeasuring 3630 square yards in Sy.No.599, 600, 601 and 611 bearing H.No.8-1 corresponding to Old No.320/1, situated at Shaikpet, Hyderabad. For the purpose of registration of sale deed, he approached the 4th respondent and obtained the particulars as to the Stamp Duty, Registration etc., to the tune of Rs.65,37,500.00 by way of Challan No.920MPR050921 dtd. 5/9/2021 for Rs.10,500.00 and Challan No.637RLR130921, dtd. 13/5/2021 for Rs.65,27,400.00. Accordingly, he paid the Stamp Duty of Rs.65,37,500.00 on 13/9/2021 and presented the sale deed before the 4th respondent for registration on 15/9/2021 and the said document was received and admitted but kept pending bearing No.P-99/2021. Later, the 4th respondent refused to register the sale deed and passed the refusal order No.1 of 2021 on 14/10/2021 citing various reasons for refusal to register the document P.99/2021.

(3.) It is submitted that after examining the reasons cited in the said refusal order, the petitioner had chosen to withdraw the said proposal and accordingly made a representation on 25/11/2021 for returning of the total stamp duty, registration charges etc., of Rs.65,37,500.00. Since no action was taken on the said representation, the petitioner filed W.P. No.36625 of 2021 and this Court disposed of the same on 24/8/2022 with the following order: "Without going into the merits or demerits of the case, having regard to the fact that the petitioner has already submitted representation dated