Allowed

M. Shoba Rani v. The State of Telangana

Telangana HC15 Apr 2024WP/10128/2022

Case brief

AI extract

What is this about?

High Court held that specific gazette notifications and orders were illegal for refusing sale deed registration. The court quashed the notifications, recalling conditions on further conveyance, and directed registration authorities to process the documents based on Section 22-A non-compliance.

What did the court decide?

The writ petition was allowed; impugned notifications were quashed; the condition restraining further conveyance was recalled; and the respondent authorities were directed to register the sale deed.

M. Shoba Rani Vs The State of Telangana — Property and Title | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE^{N.V.SHRAVANKUMA,R'}

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WRIT PETITION 10128 of 2O22

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Between:

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It/. Shoba Rani, Wo Minumula Raji Reddy,^{Aged about 45 years, Occ.Housewife,} R/o H.No.36-155/5, Devamma^{Basfi, Jagathgirigutta, Quthbullapur Mandal, Medchal-} Malkajglri District.

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...PETITIONER

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AND

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The State of Telangana, Rep. by^{its Principal Secretary (Revenue)'} Secretariat, Hyderabad.

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The District Registrar, Medchal- Malkajgiri^District.

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The Sub Registrar, Qutbullapur,^{Medchal - Malkajgiri District.} 1

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The Collector, Medchal^- Malkajgiri^District. "-

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The Tahasildar, Quthbullapur^{Mandal, Medchal-MalkajgiriDistrict.} ,z'

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...RESPONDENTS

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to issue Writ, Order or direction^{more particularly one in the natureof Writ} of Mandamus declaring the action of the^{3rd respondent i.e., The Sub Registrar,} Qutbullapur, Medchal^{- Malkajgiri District,in refusing to receive and registerthe} Sale Deed^presented by the^{petitioner in respect of Residential HouseNo.36-} 155/5, admeasuring 50 Sq.yards,^{with a plinth area of 900 Sft.' of RCC.' (G plus} 1), (450 Sft., in Ground Floor^{plus450 Sft., in First Floor),in SurveyNo.34B/1} ' situated at Devamma Basti, Jagathgirigutta,^{Quthbullapur Village, Quthbullapur} Mandal, Under GHMC Limits, Medchal-^{Malkajgiri District, basing on prohibitory} list under section 22-A of Registration^{Act as per the 1. Ranga ReddyDistrict} Gazette Notification R.R.No.83,^{communicated by Joint Collector, Ranga Reddy} vide File No.E5/4730/ 2013/Quthbullapur/^{Nizampet, dated 25-09-2013'2'} Deputy Collector and^{Tahasildar Quthbullapur Mandal,File No Bl58it2o12,} daled 17-02-2012 and 3.^{Gazette Notification No.134, dated10-03-2005and}

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G.o.Ms.No.292, Revenue (Registration-r), 9th March 200s communicated by commissioner and lnspector General (R and s), Hyderabad vide Fire No.G11466'l/2005, Dt 02-02-2005, is iilegat, arbitrary, in violation of Articles 14, 21 and 300-4 of constitution of India and also in violation of Registration Act, 1908, besides in violation of^principles of Natural Justice and consequenfly direct the respondent no.3 herein to receive and register the Sale Deed presented by the petitioner, in respect of Residential House No.36-.1 s5/5, admeasuring 50 Sq.yards, with a ptinth area of 900 Sft., of RCC., (G plus i), (450 Sft., in Ground Floor plus 450 sft., in First Froor), in survey No.34Bl1 , situated at Devamma Basti, Jagathgirigutta, Quthbuilapur Viilage, euthbuilapur IVrandar, Under GHMC Limits, Medchar- Markajgiri District, without reference of 1. Ranga Reddy District Gazette Notification R. R. No.B3, communicated by Joint collector, Ranga Reddy vide File No.E5/4730/ 2013/euthbuirapuri Nizampet, dated 2s_og_2013, 2. Deputy collector and rahasildar euthbullapur Mandal, File No. Btsl3t2o12, dated 17-02-2012 and 3. Gazette Notification No.134, dated 10-03_2005 and G.o.Ms.No.292, Revenue ( Registration. r), 9th March 2005 communicated by commissioner and rnspector Generar (R and S), Hyderabad vide Fire No.G1 14661 12005, Dt 02-07-2005

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lA 1 of2022

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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 herein to receive and register the Sale Deedpresented by the petitioner in respect of Residential House No.36-155/5, admeasuring 50 Sq.yards, with a plinth area of 900 Sft., of RCC., (G plus 1), (450 Sft., in Ground Floor plus 450 Sft., in First Floor), in survey No.34B/1 , situated at Devamma Basti, Jagathgirigutta, Quthbullapur Village, Quthbullapur Mandal, Under GHMC Limits, Medchal- Malkajgiri District, without reference of 1. Ranga Reddy District Gazette Notification R.R.No.83, communicated by Joint Collector, Ranga Reddy vide File No.E5l4730/ 2013/Quthbullapur/ Nizampet, dated 2510912013, 2. Deputy Collector and Tahasildar Quthbullapur Mandal, File No. P.158312012, dated 17-02-2012 and 3. Gazette Notification No.134, daled 101O312005 and G.O.Ms.No.292, Revenue (Registration.l), 9th March 2005 communicated by Commissioner and lnspector General (R and S), Hyderabad vide File No.G1/4661/2005, Dt.02-07-2005, pending disposal of the above writ petition /

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Counsel for the Petitioner : SRl. KATIKA RAVINDER REDDY

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Counsel for the Respondents: GP FOR REVENUE (TG)

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The Court made the following :ORDER

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THE HONOURABLE SRI WSTICE N.V. SHRAVAN KUMAR

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W.P. No.1O128 of 2o.22

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ORDER:

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This writ^petition has been hled challenging the action of the Registering^{Authoriries in refusing to register} the subject documents based on the^{Gazette NotificationR.R. No.83,dated 25.09.2013.}

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The learned^counsel lor the petitioner would submit th.t the subject matter^{of this writ petition is squarely covered} by the common order dated 22.03.2024^{passedrn W.P. Nos.9645of} 2O2l and W.p. No.26353 of 2023 by this^{Court.The learned counsel would} further submit that this Court, while^{grantinginterim order dated 28.04.2021} in W.p. No.9645 of 2O2L inad. sdpuiated^{a conditionnot to resort} to further conveyance of the subject property^{withoutleave of this Court} and similarly in W.p. No.26353 of 2023 this^{Court, while granting interimorder} dated 22.O9.2023, had prohibited the^{parties from proceeding with further} conveyance of the property except on obtaining^{required permission from this} Court.

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It is further submitted that in the present writ petition this court, while granting^{intenm order} dated 25.02.2022, had directed the Registering authorities^{to registerthe subject} documents with one of the conditions that the petitioner not to resort to further conveyance of the subject property without leave of this court. Subsequently, in pursuance of said interim order, the Registering authorities have registered the subject documents and as on today, on behalf of the respondents/ Registering authority no counter has been liled.

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2 f,vsx. J w-P- I{o 10126 oa2G

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On the other hand, the learned Assistant Government pleader appearing for the Stamps and Registration did not dispute the submissions made by the learned counsel for the petitioner.

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Heard the learned counsel on either side and perused the material made availa ble on record.

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At this juncture, it is signihcant to note that the Division Bench of this Court vide its common order dated 19.1O.2023 passed in W.p. No.2g3OO of 2OO7 and batch had dealt with the validity of Section 22-A of the Acr as incorporated in the Registration Act, 1908 and the Amended Act, 19 of 2OOZ with effect from 20.06.2007 and had upheld the validity of the Section 22-A of the Act. Learned counsel for the petitioner has filed a memo bringing on record the relevant notification.

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Having gone through the material made available on the record and the submissions made by the learned counsel on either side, it is essential and necessary to excerpt the relevant para Nos.23 to 32 of the common order dated 22.03.2024 passed in^'W.P. Nos.9645 of 2O2l and 26353 of 2023 by this Court, which reads as under:

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"23. From a perusal of the Notihcation in R.R. No.83, dated 25.09.2013, the subject lands rvere notified under Section 22-A (1)(a] for the purpose of Section 22-A(1). It is only a notice given inviting objections and suggestions on the above proposal from all persons who are likely to be affected thereby for being taken into consideration by the Govemment. The details of the properties mentioned in the annexure states that the subject lands are Government lands.

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Section 22-A (1) (e) of the Act manifests that any documents or class of doc_u.rTlents pertaining to the properties, the State Government may, by

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u/.P. llo tOl2a or 2022

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notiflcarion prohibir the registration in * hich avo!,.ed or .rccrucd interests of Central and State Governmsn15, Local Bodies, Educational, Ctultural, Religious and Charitable tnstitutions, those attached b1. Civil, Criminal, Revenue Courls and Direct and Indirect Ta_x Larvs and otners *hich are likell'to adverselv affecr these Interest.

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Section 22-A (2) reads as under

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"(21 For the purpose of Clause (e) of sub section (1), the State Government shall publish a notification after obtaining reasons for and full description of properties furnished by the District colrectors concerned in the manner as may be prescribed-"

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It is pertrnent to note that in the case of Viajamuri Rajagopala Chary (Supra) paras l56 had summarized and issued directions. As per the Clause (,) no notificatron is contemplated under sub_section (2) of Section 22-A ,"r th respect to the properties falling under clauses (a) to (d) of sub-section ll) of Section 22_A_ As per Clause (vi), the properties coyered under clause (e) o[ Section 22_A shall be notified in the official Gazette of the State Govelnmsnl. and shall be forwarded, along with the list of properties, and a copv of the relevant notification/ Gazette to the concerned registering aurhorities under the provisions of Registration Act and shall also place the sard notification/ Gazette on the q,ebsites of both the State Goyernments.

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The sublect lands in these writ petitions as per the Notification in R.R.No.83 in File No.E5/4230/2013/ euth bullapur/ euthbullapur, dated 25.o9-2o13, which according to the District co ector were classrfied as Govemment lands and a Notrlication was issued calling for objections/ suggestions before placing tor prohibitions. Section 22-.4. (l) (e) and (2) stipurates that if any rand is classified and determined as Govemment land, the Government shall publish an ofhcial Gazette notification after obtaining reasons for and full description of properties furnished by the District Collector concerned in the manner as prescnbed. In the case on hand, the respondents have not followed the provisions of Section 22-A(l)(e)(2) and the guidelines issued by the FuU Bench in the case of Vinjamuri Rajagopala Chary (Supra) wherein at para 156 held that the authorities are obliged to follorv Clause (vi) for those properties covered under crause (e) of section 22-A of |..e Act, whereby sucrr lands have to be notified in the official Gazette of the State. The Notification in R.R. No.83 dated 25.09.2013 communicated by the Joint Collector, Ranga

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.---

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tlvs(' J lP-P. Ilo,rOr2a oa 2s-

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Reddl- vide File No. E5/4730/ 2013 / Quthbullapur/ Quth bullapur,^dated 25.O9.2O13; Deputy Collector and Tahasildhar, Quthbullapur Mandal,^Frle No.B/5a3/2012, dated, 17.O2.2012 and the Gazette Notiflcation No.I34, dated 10.03-2005 and G-O.Ms.No.292, Revenue (Registration-l), 9n March 2005 communicated by the Commissioner and^{lnspectorGeneral} (Revenue & Stamps), Hyderabad vide File No.Gl14661/2005, dated 02.O7.2OO5 are not in accordance^{iviththe provisions of the Section 22-A} (1) (e) and 22 (l)l2l and also as per Clause^(vi) of the guidetines issued in the case of Vinjamuri Rajagopala Chary^(Supra) and^{the same cannot be} the basis for denying for registration of^{the subject properties-}

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Further, the Tahsildar vide File No.B/583/2012,^{dated 17 O2.2Ol2} had notified the particutar^property as^{the Governmentland and} requested the Sub-Registrar not to register^{anydeed of conveyance.The} District Collector on 25.09.2013 had^{issued preliminarynotification} calting for objections and the^said notification^{was found to be defectiveby} this court in w.P.^{No. 19069} 0f^{2014 dated 25.08.2014.}

¶51

It is also pertinent to note that in the counter^{filed in W.P. No.26353} of 2023 prohibiting transfer/ registration that^{subsequenttothe} Notiflcation in R.R. No.83 dated 25.09.2013^{the answeringrespondents} have not taken any steps in notifying in^{the ofhcial Gazetteof State} Government in terms of the guideline^{No.(vi) issuedby the Fuil Bench in} the case of Vinjamuri Rajagopala^{Chary(Supra).}

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As such, the Notifrcation^{in R.R.No 83 in File No.E5/473O} l2ol3 / Quthbullapur/ Quthbullapur,^{dated 25.09.2013, is only a notice given for} inviting objections and suggestions and^{this cannot be the basis for} refusal for registration of the subject^{propertiesln view of the same,} Gazette Notifrcation in R.R. No.83, dated^{25.O9.2OI3, communicatedby} the Joint Collector, Ranga Reddy vide File^{No.ESl4730l2Ol3/} Quthbutlapur/Gajularamaram,^{dated25.09.2O13, 2) DePuty Collector&} Tahsildar Quthbullapur Mandal, File^No.B/ 583/20^{1 2, dated 17.O2.2O 12} and the Gazette Notification^No 134,^{dated 10.O3.2OO5 and} G.O.Ms.No.292, dated 09.03.2005^{are not in consonanceto theprovisions} of Section 22-A ot ttre Registration Act,^{l9O8and 22-A(1)(e)andClause(vi)} of the guidelines and the same cannot^{be referred for the purpose of} denying registration of the subject^{propertiesConsequently,reference} made vide in File^No. E5/^{4730/20 13} / Quthbullapur/^{Gajularamaram' and}

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NVSK, J w-P- No.rOl2a of 2022

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File No. E5 / 4730/ 2013 / Quth bullapur/ Quthbullapur, dated 25.()9.2O).3 and File No.B/583/2012 dated 17.O2.2012 o[the Tahsildar, Quthtrullapur Mandal, are declared as illegal, arbitrary, and bad in lau-and arehereb]' set aside.

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Accordingl,r', W.P. Nos.9645 ot 2O2l and 26353 of 2023 art: allowed

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This Court on 22.O9.2023, while directrng the Registering authority to receive and process the document without reference to the letter dated 17.O2.2O12, and the Notification in R.R. No.83 dated 25.09.2013, had dtrected the petitioner not to resort to lurther convevance of th€ subject propertv without lcave of this Court. [n this regard, it is made ciear that since these writ p€titions (W.P. Nos.9645 of 2O2l ar.d 26353 of 20231 are allowed, the condition that was imposed to the effect that not to resort to further conveyance of the subject propertv is herebv recalled_ The Registering Authorities are directed to make necessary changes in the records.

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[t is made clear that mere registration of the document does not confer title on the subJect propertv and it is also made clear that this order would not have any beanng on all those matters where title/rights of the parties are pending before the authorities either in revision/ appeals for adjudication and in anv other case this order also does not pre(ttude the parties in asserting their rights before a competent Court of law. There shall be no order as to costs."

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Since the issues involved in this writ petition are simil€rr to those that have been considered by this Court in the common order dated 22.03.2024 passed in W.P. Nos.9645 of 2021 and 26353 of 2023 and tbr the reasons alike, this writ petition is allowed in terms of the common order dated 22.03.2024 passcd in W.P. Nos.9645 of 2O2t and 26353 c,t 2023 by this Court.

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It is made clear that in the present writ petition this Court, while granting the interim order dared 2s.o2-2022, the condition stipulated

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tat sK. J

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to the extent of not to resort to further conveyance of the subject property without leave of this Court is hereby recalled and consequently, the Registering authorities are directed to make necessary changes in the records. There shall be no order as to costs.

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As a sequel, miscellaneous applications, if any pending, shall stand closed.

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SD/- P.Ch. NAGABHUS MBA ASSISTANT REGI TRAR

//TRUE COPY//

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