Allowed

Talari Mallamma v. The State of Telangana

Telangana HC1 Aug 2024WP/16048/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking mandamus registration of a sale deed. The Court set aside a notification by the District Collector because it failed to follow the procedure for notifying government land prohibits under Section 22-A of the Registration Act. An interim condition restricting further conveyance was recalled.

What did the court decide?

The appeal was allowed, the registering authorities were directed to register the sale deed, and the condition restricting further conveyance was recalled.

Talari Mallamma Vs The State of Telangana — Property and Title | Telangana HC (2024)

¶1

[^325s ]

¶2

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

¶3

'1,1,i,

¶4

THURSDAY, THE FIRST DAY OF AUGUST TWO THOUSAND Ai{DITWENTY FOUR

¶5

,.,^, t, PRESENT

¶6

:r it rHE HoNOURABLE SRTJUSTIqE ry:V.SHRAVAN KU rylAR

¶7

WRIT PETITION NO: 16048 OF 2023

¶8

Between:

¶9

i, ,.,

¶10

Talari Mallamma, W/o Talari Pentaiah,raged about 73^years, iOcc.House^Wife, Fl/o. H.No.5-438, Plot No. 389, Surqram^Colony, Quthbullapur^Mandal, n r rr ! Medchal-Malkajgiri District. tl ,.PETITIONER

¶11

rc^1.i ir1 |

¶12

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyde rabad.

¶13

AND

¶14

The District Registrar, Medchal-Malkajijiri District.

¶15

¶16

The Sub Registrar, Quthubullapur Mandal,^{Ir/edchal-Malkajgiri District.}

¶17

, |l

¶18

The District Collector, Medchal-Malkajgiri^District.

¶19

The Tahsildar, Quthubullapur Mandal, Medchal-Malkajgiri^District.

¶20

...RESPONDENTS

¶21

Petition under Article 226 ot the Constitution of^{lndiapraying that in the} circumstances stated in the affidavit filed^therewith, the^{High Court may be} pleased to issue a writ order, or directionlmore particularly one in the nature of writ Mandamus declaring the action of the 3t^{respondent,Sub-Registrar,} Qutubullapur, Medchal-Malkajgiri^{Districtin refusing to receiveand registerthe} sale deed^presented by the^petitioner in respect^{of all that house bearing No. 5-} 438 (PTIN No.'1 150202232),^plot No.3B9 almeasuring^{85 Sq.yards,withaplinth} area of 765 Sq.ft in Sy.No.^'107, situated at Suraram^{Village,Quthubullapur} Mandal, Medchal-Malkajgiri District, basing on the^{prohibitory list under sec.22A} of the Registration as per the Ranga Reddy^{DistrictGuzelte Notification} communicated by the Joint Collector, Ranga^{Reddy Districtvide File No.}

¶22

E5t473Ot2O13 dt..25logt2o13,^{Qutubullapur,.Nizampetarrd ii) I)y. collectorand} Tahsildar, Qutubullapur^{(lvl) File No. B/583/2012dated 1710212012iii) Gazette} Notification No. 134, dt. 10/03/2005^{and G.O.Ms.rNo.292, lleverrud (Registration-} l), 09/03/2005 communicated^{by commissioner.'andInsperctor(ieheral (RandS),} Hyd vide File No. G11466112005^{dt. o2lo7l2005,as illegal, arbitrary andcontrary} violative of principles of natural^{justice and consequentlydirect the 3rd} respondent. sub-Registrar, Qutubullapur,^{Medchal-Nlalkajgiri Districtto receive} and register the sale deed^{presented by the petitioner in respectof all that house} bearing No. 5-438 (PTIN No.^{1150202%))l:plot No 389admeasuring85} Sq.yards, with aplinth area of^{765 Sq.ft in.'Sy.No. '107, situatedat Suraram} Village, Quthubullapur Mandal,^{It/edchal-Malkajgiri District.}

¶23

lA NO: 1 OF 2023

¶24

Petition under Section 151 CPC^{praying that in the circumstancesstated} in the affidavit filed in support^{of the petition,the Highcourt rray be pleased to} direct the respondent No.3 to^{receive, process, register and release the sale} deed in respect of all that house^{bearing No. 5- 438 (PTIN No. 1150202232)' plot} No.3B9 admeasuring B5 Sq.yards,^{withaplinth areaof 765 Sq'ft in Sy.No.107,} situated at suraram village, Quthubullapur^{Mandal, Medchal-l'/alkajgiriDistrict,} pending disposal of the writ petition.

¶25

Counsel for the Petitioner: SRI^{N.INDRASENA REDDY}

¶26

Counsel for the Respondents:^{AGP FOR STAMPS AND REGISTRATION}

¶27

The Court made the following:^ORDER

¶28

',.]

¶29

THE HONOURABLE^{SRI JUSTICE N.V. SHRAVANKUMAR} W.P. No.16O48 of 2o23

¶30

ORDER:

¶31

This writ petition^{has been filed challengingthe action of the} Registering Authorities^{in refusing to register the subject documents based} on the Gazette Notihcation^{R.R.No.83, dated 25'09'2013'}

¶32

The learned counsel^{for the petitioner wouldsubmitthat the subject} matter of this writ^{petition is squarelycovered by the commonorder dated} 22.03.2024passedinW.P.Nos.9645of2o2|andW.P.No.26353of2023 by this court. The learned^{counselwould further submit that this court,} while granting interim^{order dated 28.04 '2021 in W'P' No'9645of 2O2l had} stipulated a condition^{not to resort to further conveyance of the subject} propertywithoutleaveofthisCourtandsimilarlyinW.P.No.26353oi2023 thisCourt,whilegrantinginterimorderdated22'09'2023,hadprohibited the parties from^{proceeding with further conveyanceof the propertyexcept} on obtaining required^{permission from this Court'}

¶33

It is further submitted^{that in the present writ petition this court,} while granting interim order^{dated 23.06.2023,had directed the Registering} authorities to register^{the subject documents with one of the conditions that} the parties to the document^{are prohibitedfrom proceedingwith further} conveyance of the subject^{property excepton obtaining required permission} from this Court. Subsequently,^{in pursuanceof said interim order'the} Registering authorities have^{registered the subject documentsand as on}

¶34

¶35

¶36

today, on behalf of the respondents/ Registering auihority no counter has been filed.

¶37

On the other hand, the learned Assistant^(]overnment Pieader appcaring for thc Stamps and Registration did not d.rsputc the submissions made by lhe learned counsel for the petitioner.

¶38

Heard the learned counsel on either side ancl perrrsed the material made available on record

¶39

At this^juncture, it is significant to note that the Division Bench of this Court vide its common order dated 19.1O.2023 passcd in W.P. No.28300 of 2OO7 and batch had dealt with the validity of Sect:.on 22-A of the Act as incorporated in the Registration Act, 1908 and the Arnendt:d Act, 19 of 2OO7 with effect lrom 20.06,2O07 and had upheld the valiclitl, ot' the Section 22-A of the Act

¶40

7 . Having gone through the material made availzrble c,n 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. I'los.9(145 of 2O2l and 26353 of 2023 by this Court, which reads as under:

¶41

"23. From a perusal of the Notification in R.R. No.83, dated 25.O9.2013, the subject lands were notifred under Section 22-A (1)(al for tLre purpose of Section 22-A(t). It is only a notice given invitirrg objections and suggestions on the above proposal from all persons who are likely to be affected thereby lor being taken into consideration br/ the iovernment. The details ot the properties mentioned in the annexure stzLtes that the subject lands are Government lands.

¶42

¶43

Section 22-A^{(1) (e)} of the Act manifests that^{any documents or class} of documents pertaining to the^properties, the State Government^may,by notification prohibit the registration in which^{avowed or} accrued^interests of Central and State Governments, Local Bodies,^Educational, Cultural, Religious and Charitable Institutions, those attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect these interest.

¶44

Section 22-A (2) reads as under

¶45

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

¶46

It is pertinent to note that in the case of VlnJamuri^RaJagopala Chary (Supral paras 156 had summarized and issued directions. As^per the Clause (v) no notification is contemplated under sub-section⁽²⁾ of Section 22-A with respect to the properties falling under clauses^(a) to^(d) of sub-section (11 of Section 22-A- As per Clause^(vi), the^properties covered under clause (e) of Section 22-A shall be notified in the ofhcial Gazette of the State Governments and shall be forwarded, along with the list of properties, and a copy of the relevant notihcation/ Gazette, to^the concerned registering authorities under the provisions of Registration^Act and shall also place the said notification/ Gazette on the^websites of^both the State Governments.

¶47

The subject lands in these writ petitions as^per the Notihcationⁱⁿ R.R.No.83 in File No.ES/4730 l2Ol3l Quthbullapur/ Quthbullapur,^dated 25.O9.2OL3, which according to the District Collector were classihed^as Government lands and a Notihcation was issued calling for objections/ suggestions before placing for prohibitions. Section^{22-A (1) (e)} and (2) stipulates that if any land is classified and determined^as Government land, the Government shall publish an official^Gazette notification after obtaining reasons for and full description of^properties furnished by the District Collector concerned in the manner^{as prescribed.} In the case on hand, the respondents have not followed the^provisions of Section 22-A(1)(e)(2) and the^guidelines issued by^the Fult^{Benchin the} case of Vinjamurl Rajagopala Chary (Supra) wherein at^para 156^held that the authorities are obliged to follow Clause^(vi) for those^properties covered under^Clause(e) of^Section 22 A of the Act, whereby such^Iands

¶48

¶49

have to be notifiecl^{in the ofhcial Gazette of the State- The Notificationin} R.R. No.83 dated^{25.09.2013 communicated by the Joint Coliector, Ranga} Reddy vide^{FiteN o- E5} /⁴⁷³⁰ /²⁰¹³ / Quthbullapur/ Qtrthbullapur,^dated 25.09.2O13,^{DcputyCollector andTahasildhar,} Quthbullapur^Mandal,File No.B/583/2012,^{dared, 17.02.2012and the Gazette llotificz tion No.134,} dated 10.03.2005 and^{G.O.Ms.No.292,Revenue(Reglstration'I),9t March} 2005 communicated by the^{Commissionerand lnspe<rtorGeneral} (Revenue & Stamps), Hyderabad vide File No.Gl1466112005,^dated O2.O7.2OOS are not in^{accordancewith the provisions,lf theSection 22-A} (1) (e) and^'22 llll2) and aiso as^{per Clause (vi)} of^the euidelines^{issued in} the case of Vinjamurl Rajagopala^{Chary (Supra)and the salnecannotbe} the basis Ior denying for registration of^{the subject properties}

¶50

Further, the Tahsildar^{vide File No.Bl5a3/2O12datecL17.O2.2O12} had notified the^{particularpropertyas the Governmertlandand} requested the Sub-Registrar^{not to register any deed cf conveyanceThe} District Collector on 25.09.2013^{had issued prelirninarynotification} calling for objections and the^{said notificationwas found to br: defecLive by} this Court in W.P. No.19069^{of 2014 dated 25.08.2O14.}

¶51

lt is also pertinent to^{note that in the counterfile,1in W.P.No-26353} ot 2023 prohibiting^{tran sfer/ registration thatsllbsequent tothe} Notihcation in R.lt. No.83 dated 25.09.2013^{the ansr'vering respondents} have not taken any steps in^{rotifying in the officialGazrrtte of State} Government in terms of the^{guidelineNo.(vi) issued bl the Full Bench in} the case of Vinjamuri Rajagopala^{Chary(Supra).}

¶52

As such, the Notification^{in R.R.No.83in File I'lo.E5/473Ol2Ol3l} Quthbullapur,/ Quthbullapur,^{dated 25.09.2013,is onllr a no:ice given for} inviting objections and suggestions^{ard this cannol be the basisfor} refusal for registration of^{the subject properties. In view} 'rf^{the same,} Gazette Notification in R.R.^{No.83, dated 25.O9.2013, comnrunicatedby} the Joint Collector, Ranga^{Reddyvide Filello.E5l4730l2Ol3l} Quthbullapuri/Gajularamaram,^{dated 25.09.2013,2) I)eputS Collector&} Tahsildar Quthbullapur Mandal,^{File No.B/583/2012,datec17 -02.2012} and the Gazette Notihcation^{No.134, dated1O.O:i.2005and} G.O.Ms.No.292, dated 09.03.2005^{are not in consonant:eto the provisions} of Section 22 A of l]ne^{RegistrationAct, 1908 and 22-A( t)(el arLd Clause(vi)} of the guidelines and the same cannot^{be referred :br tho purpose of}

¶53

¶54

denying registration of the subject^{properties.Consequently,reference} made vide in File No.E5/473O l2Ol3lQuthbullapur/^{Gajularamaram, and} FiIe No- E5 / 4730/ 2013 / Quthbutlapur/ Quthbullapur, dated^25.O9.2O13 and File No.B/583/2012 dated^17.o2.2012 of^{the Tahsildar,} Quthbullapur Mandal, are declared as illegal, arbitrary and bad in law and are^hereby set aside.

¶55

Accordingly, W.P. Nos.9645 of 2021 and 26353 of^{2023 are allowed}

¶56

This Court on 22.09.2023, while directing the^{Registeringauthority} to receive and process the document without^reference to the^{letter dated} 17.02.2012, and the Notification in R.R. No.83 dated 25.09.2013,^had directed the petitioner not to resort to further conveyance of the^subject property without leave of this Court. In this regard, it is made clear that since these writ petitions (W.P. Nos.9645 of 2021^and 26353^{of 2O23'l are} allowed, the condition that was imposed to the^effect that^{not to resort to} further conveyance of the subject property is hereby^recalled. The Registering Authorities are directed to make^{necessary changesin the} records.

¶57

tt is made clear that mere registration of the document does^not confer title on the subject property and it is also made clear^{that thisorder} would not have any bearing on all those matters where title/riShts^{of the} parties are pending before the authorities either in revision/ appeals^for adjudication and in any other case this order also^{does not precludethe} parties in asserting their rights before a competent Court of^law. There shall be no order as to costs."

¶58

Since the issues involved in this writ^petition are similar^{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 for^{the reasons} alike, this writ petition is allowed in terms of the common^{order dated} 22.03.2024 passed in W.P. Nos.9645 of 2O2l and 26353 of^{2023 by this} Court.

¶59

¶60

It is made clear that in the present wri, petition this CourL, while granting the interim order dated 23.06.2023, the ccndition stipulated to the extent of proceeding with further conveyance of th,: subject property except on obtaining required permission from this C:ourt is hereby recalled and consequently, the Registering authorities are directed to make necessary changes in the records. There shail be no r>rder as to costs.

¶61

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

¶62

//TRUE COPY//

¶63

Sd/. V. HARI PRASAD AISSIS]'ANT EEG-JSTRAR SECTION OFFICER

¶64

To,

¶65