Allowed

Smt. Neeli Veeramani v. The State of Telangana

Telangana HC14 Aug 2024WP/19202/2021

Case brief

AI extract

What is this about?

Writ petition challenging refusal to register a Memorandum of Deposit of Title Deeds on the basis of prohibitory notifications under Section 22-A of the Registration Act. Following an identical earlier common order, the Court allowed the petition, recalled the no-further-conveyance interim condition and directed record corrections.

What did the court decide?

Writ petition allowed; Registering Authorities to register the document, recall the no-further-conveyance condition and correct records.

Smt. Neeli Veeramani Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[^32s5 ]

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

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WEDNESDAY, THE FOURTEENTH^{DAY OF AUGUST} TWO THOUSAND AND^{TWENTY FOUR}

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PRESENT

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rHE^{HON'BLESRI JUSTICEN. V. SHRAVAN KUMAR}

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WRIT PETITION NO 19202 0F 202',i,

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Between:

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Smt. Neeli Veeramani,^{W/o Late NeeliPandu,Aged about 64 years,Occ-} Housewife, Fi./o H.No. 28-'l78lAl1,^{Maruthi Nagar,Quthbullapur Village, Under} GHMC Circle and Mandal,^{Medchal- tvlalkajgiri District.} ...pETtIoNER

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AND

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

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The District R6gistrar,^{Medchal-walkajgiri District}

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The Sub Regislrar, Qutbullapur,^{Ivledchaltr/alkajgiri District.}

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The Collector, Medchal^{- Malkajgiri District.}

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The Tahasildar, Quthbullapur^{Mandal, lvledchal -lMalkajgiri,'.lllRLrroro.*r.}

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Petition under Article^{226 o1 the constitution of lndia prayingthat in the} circumstances stated in^{the affidavitfiled therewith, the High courtmaybe} pleased to issue writ, order or direction^{more particularlyone in the nature of writ} of Mandamus declaring the^{actionof the 3rd respondent i.e., The SubRegistrar,} Qutbullapur, Medchal^{- IVlalkajgiriDistrict, in refusingto receive and register the} lvlemorandum of Deposit of^{Title Deeds presented by the petitioner in respect of} PlotNo.l4T14,admeasuringl2gSq.Yds.,inSyNo'l5l,NearGandhiNagar' situated at Quthbullapur^{Village and lrlandal, Under GHMCCircle,Medchal-} Malkajgiri District, basing on^{prohibitorylist under section 22-A of Registration Act} as^per the 1. Ranga Reddy^{District Gazette Notification R.R.No.83,communicatd} by Joint collector, Ranga^{Reddy vide FileNo.E5/4730/2013/Quthbullapur/} Nizampet, dated 251o912013, 2.^{Deputy collectorand Tahasildar Quthbullapur} Mandal, File No. 8t583t2012,^{dated 1710212012 and 3. GazetteNotification} No.134, dated 10/03/2005^{and G.o.Ms.No.292, Revenue (Registration.l), 9th} March 2005 communicated^{by commissionerandlnspector General(R and S),} Hyderabad vide File^{No.G1/4661/2005. Dt 0210712005,is illegal, arbitrary,ifl} violation of Articles^{14,21and300-4 of Constilutronof lndia and also in violation}

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ofRegistrationAct,lg0s,besidesinviolationofPrinciplesofNaturalJusticeand consequently^{directthe respondent, no.3, herein to receive and registerthe} Memorandum^{of Depositof Title Deedspresented by the petitioner' in respect of} the Plot No.^{14714, admeasuring} 129 Sq. Yds., in Sy. No. 151,^{Near Gandhi} Nagar, situatod^{at QuthbullaPur} Village and Mandal, Under^{GHN/C Circle,} Medchal- Malkajgiri^District,

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IA NO: 10F²⁰²¹

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Petition und er^{Section151 CPC prayingthat in the circumstancesstated in} theaffidavitfil:dinsupportofthepetition,theHighCourtmaybepleasedtodirect the respondent^{no.3 herein to receiveand registerthe Memorandumof Depositof} TitleDeedspresentedbythepetitionerinrespectofPlotNo.l4Tl4,admeasuring 129 Sq. Yds.,^{in Sy. No. 151, Near GandhiNagar' situated at Quthbullapur Village} and Mandal,^{Llnder GHMCCircle, Medchal- Malkajgiri District, pending disposal of} the above writ Petition

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Counsel for the^{Petitioner: SRI KATIKA RAVINDER REDDY}

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Counsel for^{Respondents:GP FOR REVENUE}

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The Court made^{the following:ORDER}

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I I I i I I I I l

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THE HONOURABLE^{SRI WSTICE N'V' SHRAVANKUMAR} W.P. No.192^{O2 of02l}

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ORDER:

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This^{writpetition has been filed challengingthe action ofthe} Registering^{Authoritiesin refusing to registerthe subject documents based} on the Gazette^{NotificationR'R' No 83' dat€d 25 09'2O13'}

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The learned^{counselfor the petitioner wouldsubmit that the subject} matter^{of this writ petitionis squarelycoveredby the commonorder dated} 22.03.2024^{passedin W'P' Nos'9645 of 2O2l and W P' No 26353 of 2023} by this Court.^{The Iearned counselwould further submitthat this Court'} while^{granting interim order dated28'O4 '2021 in W'P' No'9645 of 2O2l had} stipulated^{a condition not to resort to furtherconveyanccof the subject} property^{without leaveof this Court and similarly in W P No 26353 of 2023} this Court,^{while granting interimorder dated 22 Og '2023' had prohibited} the^{parties from proceeding with furtherconvcyancc o[ the property except} on obtaining^{required permissionfrom this Court'}

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tt is further^{submitt€d that in the prescntrvrit petitionthis Court'} while^{granting interim orderdated77 08 '2O2I ' hadclirecredthe Registering} authorities^{to register the subject documentswith one oi the conditions that} petitioner is^{directed not to resort to further conveyance of the subject} property^{withoutleave of this Court' Subsequently'in pursuanceof said} interim order,^{the Registeringauthoritieshave registered the subject} documents^{and as on today, on beharfo[ thc responder-rts/ Registering} authority^{no counter has been hled'}

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\i.

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On the other hand,^{the learned AssistantGovernmentPleader} appearing for the^{Stampsand Registrationdid not dispute the submissions} made by tlee learned^{counsel for the petitioner'}

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Heard the learned^{counsel on eitherside and penrsed the material} made available^{on record.}

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At t]eis^juncture, it^{is signihcant to notethat the DivisionBenchof this} Court vid(: rts^{common order dated lg.lO.2O23passedin W P' No 283OOof} 2OO7 and batch^{had dealt with the validityof Section 22-A of the Actas} incorporat.ed in^{the Registration Act, l9O8 and the AmendedAct, 19 ol 2OO7} with effecr- from 2o.o6.2oo7^{and had upheldthe validityol the Section 22-A} o[ the Act

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Having gone through^{the material made available on the record and} thc subtnissions^{made by thelearned counselon eitherside'} rt is essential^{and neccssaryto excerpt the relevant para Nos'23 to 32 of the} common ordcr^{d:rted 22.03.2024 passed in W'P'Nos'9645of 202 Iand} 26353 ot 2O23^{br lhis Court,whichreads as under:}

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"2:i From a perusal ot the^{Notificationin R.R.No'83, dated25 09 2013'} thr sublecr la-nds^{\a,erenotifiedunder Section22-A (1)(a) for the purposeof} Scctron 22 A(l). lt is only^{anotice given inviting objections arld} sullgestions on the above^{proposalfromall personswho at-e likely tol)c} aff,:cte(l thc.et)l' for berng taken^{into consideration by the Govcrnmerlt'} The detaiis^(,f the proPertres^{mentionedin the annexure statesthat the} su bjcct lan(ls {rc Government^lands.

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24 Sectrort 22-n (1) (el of the Act^{manifeststhat any docutnents or class} oi docurrcllt:l pertaining to the Properties,^{the State Governtnent rna',b-} notrfic.ltroo prohibit the registration in^{which avowed or accrued intcrests} of Ccntrrrl^i1n(l Starc Governments, l,ocal^{Bodies, Educatio ral. Cultlllal'}

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I t I ! ! I: 1

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Religious and Charitable Institutions, those attach€d by Civil, Cnminal, Revcnue Courts and Direct and Indirect Tax l,arvs and others which are likely to adversely affect these interest.

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Section 22-A (2) reads as under;

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"(2) For the purpose of Clause (e) of sub_section (l), the State Government shall publish a notification after obtaining reasons for and fult description of properties furnished by the Distrrct colectors concerned in the manner as may be prescribed.,

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lt is pertinent to note that in the case of VlnJatnuri Rajagopala Chary (Supra) paras 156 had summarized and issued directions. As per the Clause (v) no notifrcation is contemplated under sub_sectron (2) of Section 22-A with respect to the properties falting under clauses (a) to (d) of sub-section (l) of Section 22_A. As per Clause (vi), the properties covered under ctause (e) of section 22-A sha-u be notified in the officiar Gazette of the State Governments and shall be forwarded, along u,ith rhe Iist of properties, and a copy of the relevant notification/ Gazette, to rhe concerned registering authorities under the provisions of Registration Act and shall also place the said notifica tion/Gazette on the websires o[ both the State Governments.

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The subject lands in these writ petitions as per the Notillcarion ir) R.R No.83 in File No.ESl4730/2}lg/ euthbullapur/ eurhbullapu r, dare(t 25 09 2ol3, which according to the District collector were classified as Covernmsnl lands and a Notification was issued calling fo| objections/ suggestions before placing for prohibitions. Section 22 A (l) (el and (2) stipulates that if any land is classified and determined as Go'crnment land, the Govemment sha[ pubrish an offtcial G:tze*e notrfication after obtaining reasons for and full description ol properties turnished by the District Collector concemed in the manner as prescrrbed. In the case on hand, the respondents have not fottowed the provrsions o[ Sectlon 22-A(t)(e)(2) and the guidelines issued by the Full tsench in the case of VinJamuri Rajagopala Cbary (Supraj wherein at para t56 helcl that the authorities are obliged to follow Ctause (vi| for those properries covere<r under crause (e) of Section 22-A of the Act, whereb_r, such rands have to be notihed in the official Gazette of the State. The Notillcatiorr in R.R. No.83 dated 25.09.2013 communicated by the Joint Collecror, Ranga Redd,' vi(le File No. E5/4730/2013/ euthbullapur/ euthbu ltapur, datcd 25.09.2013 Deputy Co ector and Tahasildhar, euthbullapur Ma,dal, Frle

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Nct.B/543/2012, dated 17.O2.2O12 and the Gazette Notification No.134, derted 1O.03 2005 and G.O-Ms.No.292, Revenue (Registratiorr-l),96 March 2()O5 comnrunicated by the Commissioner and [nsp<'ctor General (Revenue & Stamps), Hyderabad vide File No.G1/4661/2005, dated Oil.O7.2OO5 are not in accordance with the provisions of thc Section 22-A (l (e) an(i 22 (l)(21 and also as per Ctause (vi) of the guidehnes issued in the case of Vinjamuri Rajagopala Chary (Supra) and the same cannot be the basis for denying for legistratron of the subject properties.

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2i. t-urrher, the Tahsildar vide File No.Bl5a3l2ol2, datcd 17.O2.2O12 had notilrr:cl the particular property as the Government land and rerluestcd the Sub Registrar not to register any deed of conveyance. The District Clollector on 25.O9.2O13 had issued preliminaw notification catling for ot)jectrons and thc said notification was found to be defective by thLs Court in W.P. No.19O69 of 2014 dated 25.O4.2014.

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2A. lt rs arlso pertinent to note that in the counter filed in W.P. No.26353 o! '2O23 prohrbitrng tran sfe r / regi stration that subseqrrent to the Nctific:rlron rn R R. No.83 dated 25.09.2013 the answering respondents have not taken any steps in notifying in the ollicial Ga"rtte of State G.vernrncnl rn tcrms of the guideline No.(vi) issued by the Futl Bench in th,: casc ol-Vinjamuri Rajagopala Chary (Supra).

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'29. ns su.h, the Notification in R.R.No.83 in File No.Es /4730 /2Ol3l Qtithbrrllirprrr/Quthbullapur,^{dated 25.09.2013,is only a notice given for} invrtrt!!,, ol)t.clioDs and suggestions and this cannot be t.he basis for rclusal lor r,'gistrafion o[ ttre subjcct properties. In view of the same, Claz( ll(' \otrtr( atron in R R. No.83, dated 25.09.2013, communicated by th(' .,.)rrl Collector, Ranga Redd,v vide File No.E5/4730/2Ol3l Qt^{thllrllirptrr','Gatularamaram, dated 25.09.2013, 2) Deputy Coltector&} anl llr('^(i:lzette Notrfic.rtron No.134, dated 10.03.2005 and C.i).Ms.No.2'12, datecl 09.03.2005 arc not in consonance to the provisions o[ ]eclrorr 22 n of the Registration Act, 1908 and 22-A(1)(e) and Clause (vi) of ttre gurclcLrnes and the sanrc cannot be referred for the purpose of derrrll]]1 rcgrstratlon o[ tl]c sublcct properties. Consequently, reference mede r r<lc rrr File No. E5 / 4 730 / 20 l3 / Quthbullapur/ Gajular;rmaram, and l"rl,, No l')ii,r.r730l2013/Quthbullapur/Quthbullapur, date(l 25.09.2013 arrrl I.'rlc No lt /543 /2012 dated 17.O2.2012 of the Tahsildar, Quthbullapur

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Mandal, are declared as illegal, arbitrary and bad in law and are hereby set aside.

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Accordingly, W.P. Nos.9645 of 2O2l and 26353 ot 2023 are a[[owed.

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This Court on 22.09.2023, while directing the Registering authority to receive and process the document without reference to the letter dated 17.O2.2O12, and the Notihcation in R.R. No.83 dated 25.09.2O13, 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 2O2! axld,26353 of 2O23) are atlowed, the condition that was imposed to the effect that not to resort to further conveyance of the subject propergr is hereby recalled. The Registering Authorities are directed to make necessarJr changes in the records.

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It ls made clear that mere registration of the document does not confer trtle on the subject property and it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudicatron and in any other case this order also does not preclude the partres in asserting their rights before a competent Court of law. 'l'here shall be no order as to costs."

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Since the issues involved in this writ petition are similar ro those rhat have becn considered by this Court in the common order dated 22.03.2024 passed in W.P- Nos.9645 of 2O2l and 26353 of 2023 and for the rezrsons alikc, this writ petition is allowed in terms of the common order dared 2'2.03.2024 passcd in W.P. Nos.9645 of 2O2l and 26353 oI 2023 bv this Court.

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It is made clcar that in the present writ petition this Court, rr,frile granting the interim order dated 17 .O8.2O21, the condition stiputated tliat the petitioncr is directed not to resort to further conveyance ol thc subJect property without leave of this Court is hereby recallcd and

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{

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{ consequently, the Registering authorities are directed to make necessary

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changes in the records. There shalt be no order as to costs.

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

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closed

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