Allowed

Sri.Vaddanam Srinivas Rao v. The State of Telangana

Telangana HC13 Aug 2024WP/2556/2021

Case brief

AI extract

What is this about?

Writ petition challenged refusal to register sale documents on the ground that the property appeared in a prohibitory list under Section 22-A of the Registration Act. Following an earlier common order of this Court, the petition was allowed and the registering authorities were directed to act accordingly.

What did the court decide?

Writ petition allowed in terms of the common order dated 22.03.2024 in W.P. Nos.9645 of 2021 and 26353 of 2023; respondents directed accordingly; no costs.

Sri.Vaddanam Srinivas Rao Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

¶1

[3255 ]

¶2

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

¶3

TUESDAY, THE THIRTEENTH^{DAY OF AUGUST} TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI^{JUSTICE N.V.SHRAVAN KUMAR}

¶6

WRIT PETITION NO: 2556 OF²⁰²¹

¶7

Between:

¶8

Sri. Vaddanam Srinivas Rao,^{S/o VaddanamHari Narayana,Aged about51} years, Occ. Business, Ri/o. H.No.2B-1721111'^Marulhi lrggl.^{HMT Road,} Chinthal, Quthbullapur^{Village and Mandal, Medchal-MalkajgiriDistrict.}

¶9

...PETITIONER

¶10

AND

¶11

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

¶12

2 The District Registrar, Medchal-^{MalkajgiriDistrict.}

¶13

.) The Sub Registrar, Qutbullapur,^{Medchal - lMalkajgiri District.}

¶14

4 The Collector, Medchal^- Malkajgiri^District.

¶15

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

¶16

...RESPONDENTS

¶17

Petition under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the^{affidavit filedtherewith,the High Court may be} pleased to issue writ, order or direction more^{particularly one in the natureof} Writ of Mandamus declaring^{the action of the 3rd respondenti.e.} '^{The Sub} Registrar, Qutbullapur, Medchal^{- Malkajgiri District, in refusing to register and} release the Pending Document^{No. P.2712021,vide lntimationof RefusalNo.} 1512021 , dated 20t0112021 on the^{ground that the Petitioner property i.e., Plot} No.277^{part (South} Side^{Portion),admeasuring20 Sq.Yards, (Out of 100} Sq.Yards) and Plot No.278,^{admeasuring 100 Sq.Yards, admeasuring totallingto} 120 Sq.Yards in Sy.No.151,^{situated at Vijay Nagar Colony,MaruthiNagar,} Quthbullapur Village, Quthbullapur^{Mandal, Medchal- MalkajgiriDistrict, is in} prohibitory list under section 22-A of Registration^{Act as per the 'l . RangaReddy}

¶18

District Gazette Notification R.R.No.83, communicated by Joint Collector, Ranga Reddy vide File No.E5/47301 ZOt slOutnOuilapur/ Nizampet, dated 25to9t2013, 2. Deputy Collector and Tahasildar Quthbullapur Mandal, File No. BtS83t2O12, dated 1710212012 and 3. Gazette Notification No.134, dated 10/03/2005 and G.O.Ms.No.292, Revenue (Registration.l),^gth, March 2005 communicated by Commissioner and Inspector General (R and S), Hyderabad vide File No.G1/4661/2005, Dt.O210712005, is illegal, arbitrary, in viotation of Articles 14, 21 and 300-4 of constitution of lndia and also in violation of Registration Act, 1908, besides in violation of Principles of Natural Justice and consequenily direct the respondents herein to register and release the pending Document No. P.2712021 , dated 1910112021 by setting aside the lntimation of Refusal No. 1512021 , dated 2010112021 .

¶19

lA NO: 1 OF 2021

¶20

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 register and release the pending Document No. P.2712O21, dated 19/01/2021 by suspending the refusal order passed by respondent No.3 vide lntimation of Refusal No.15/2021, dated 20101t2o21 pending disposal of the above writ petition.

¶21

Counsel for the Petitioner: SRt KATIKA RAVTNDER REDDY

¶22

Counsel for the Respondents: AGP FOR STAMpS & REGISTRATION The Court made the following: ORDER

¶23

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN^KUMAR W.P. No.2556 of 2O2L

¶24

ORDER:

¶25

This writ petition has been filed challenging the action of^the Registering Authorities in refusing to register the subject^{documentsbased} on the Gazette Notification R.R. No.83, dated 25.O9.2013.

¶26

The leamed counsel for the^petitioner would submit that^{the subject} matter of this writ petition is squarely covered^{by the common orderdated} 22.03.2024 passed in W.P. Nos.9645^{of 2O2l and W.P. No.26353 of 2023} by this Court. The learned counsel^{would furthersubmitthat this Court,} while granting interim order dated 28.04.2021^{in W.P' No'9645 of 2021 h.ad} stipulated a condition not to resort to further^{conveyanceof the subject} property without leave of this Court and similarly in^{W.P.No.26353 of 2023} this Court, while granting interim^{order dated 22.09.2023, had prohibited} the parties from^proceeding with^{further conveyance of the propertlrexcept} on obtaining required^{permission from this Court.}

¶27

It is further submitted that in the^present writ^{petition this Court,} while granting interim order dated O9.O2.2O21,^{had directed the Registering} authorities to register the subject documents.^{Subsequently, in pursuance} of said interim order, the Registering^{authorities have registeredthe subject} documents and as on today, on behalf of^{the respondents/Registering} authority no counter has been filed.

¶28

¶29

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

¶30

Heard the learned counsel on either Side and perused the material made available on record.

¶31

At this^juncture, it is significant to note ttrat the Division Bench of this Court vide its common order dated Lg.tO.2O23 passed in W.P. No.283OO of 2OO7 and batch had dealt with the validity of Section 22-A of the Act as incorporated in the Registration Act, 1908 and the Amended Act, 19 of 2OQ7 with effect from 2O.06.2007 and had upheld the validity of the Section 22-A of the Act.

¶32

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 2027 and, 26353 of 2023 by this Court, which reads as under:

¶33

"23. From a perusal of the Notification in R.R. No.83, dated 25-09.2013, the subject lands were 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 Government. The details of the properties mentioned in the annexure states that the subject iands are Government Iands.

¶34

Section 22-A (1) (e) ofthe Act manifests that any documents or class of documents pertaining to the properties, the State Government may, by notihcation prohibit the registration in which avowed or accrued interests of Central arrd State Governments, Local Bodies, Educational, Cultural,

¶35

¶36

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.

¶37

Section 22-A (2) reads as under

¶38

"(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 Collectors concerned in the manner as may be prescribed."

¶39

It is pertinent to note that in the case of VlnJamurl RaJagopala Chary (Supra) 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 (1) of Section 22-A. As per Clause (vi), the^properties covered under clause (e) of Section 22-A shall be notified in the official Gazette of the State Governments and shall be forwarded, along with the list of properties, and a copy of the relevant notification/ Gazette, to the concemed registering authorities under the^provisions of^Registration Act and shall also place the said noti{ication / Gazette on the^websitesof both the State Governments.

¶40

The subject lands in these writ petitions as^per the Notification in R.R.No.83 in File No.E5/473O I 20 13 I Quthbullapur/ Quthbullapur, dated 25-O9.2OL3, which according to the District Collector were classified as Government lands and a Notification was issued calling for objections/ suggestions before^placing for prohibitions.^{Section 22-A (1) (e)} and (2) stipulates that if any lald 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 Full^{Benchin the} case of VlnJamurt RaJegopala Chary^(Supra) wherein at^para156 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 suchlands} have to be notified in the official Gazette of the State.^{The Notifrcationin} R.R. No.83 dated 25.09.2013^{communicated by} the Joint^{Collector, Ranga} Reddy vide File No.E5/473Ol^{20 13/} Quthbullapur/ Quthbullapur,^dated 25.09.2O13i Deputy Collector and Tahasildhar, Quthbullapur Mardal,^File

¶41

¶42

No.B/583/2012, dated tT.e2.2Ol2 and the cazette Notification No.134, dated 10.03.2O05 and G.O.Ms.No.292, Revenue (RegistrationJ), 9e March 2005 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide Fite No.Gt /4661/2005, dated 02.O7.2OO5 are not in accordance with the provisions of the Section 22_A (1) ie) and 22 til?l and also as per Clause (vi) of the guidelines issued in the case of Viujamurl Rajagopala Chary (Supra) and the same cannot be the basis for denying for registration of the subject properties.

¶43

Further, the Tahsildar vide File No.B/S83/2012, dated 17.e2.2Ot2 had notilied the particular property as the Government land and requested the Sub-Registrar not to register any deed of conveyarce. The District Collector on 25.09.2013 had issued preliminary notification calling for objections and the said notification was found to be defective by this Court in W.P. No.19069 of 2Ol4 dated 25.08.2O14.

¶44

o9 It is also pertinent to note that in the counter filed in W.p. No.26353 of 2023 prohibiting transfer/registration that subsequent to the Notification in R.R. No.83 dated 25.09.2013 the answering respondents have not taken any steps in notifying in the official Gazette of State Government in terms of the guideline No.(vi) issued by the Full Bench in the case of Vlajamuri Rqiagopala Chary (Supra).

¶45

As such, the Notification in R.R.No.83 in File No.E5/4 73O /2013 / 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 properties. In view of the same, Gazette Notilication in R.R. No.g3, dated 2S.Og.2Ol3, communicated by the Joint Collector, Ranga Red y vide File No.ES/423O /20t3 / Quthbullapur/Gajularamaram, dated 25.09.20 13, 2) Deputy Collector & Tahsildar Quthbullapur Mandal, Fite No.B/583/2O12, dated t7.O2.2O.t 2 and the cazette Notilication No.134, dated 10.O3.2O0S and G.O.Ms.No.292, dated 09.03.2005 are not in consonance to the provisions of Section 22-A of the Registration Act, i908 and 22_A(l)(e) and Clause (vi) of the guidelines and the same cannot be referred for the purpose of denying registration of the subject properties. Consequenfly, reference made vide in File No.E5/4730/ 2013/ euthbullapur/Gajularamaram, and File No.E5/4730l2013/euthbullapur/euthbullapur, dated 25.Og.2O73 and File No.B/SA3/2012 d.ated, tz.O2.2Ot2 of the Tahsildar, euthbullapur

¶46

¶47

Mandal, are declared as illegal, arbitrary and^{bad in law and arehereby} set aside.

¶48

¶49

Accordingly,^{W.P' Nbs.9645 of 2Q2l arrd 26353 of 2C23are allowed'}

¶50

3 1 . This Court^{on22 .Og .2023} ,^{while directing ttre Registeringauthority} to receive and^{processthedocumentwithoutreferenceto the letterdated} 17.02.2012, and the^{Notification in R.R'No'83dated25'09'2O13' had} directed the^{petitionernot to resortto 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 2O2larrd' 26353of 20231are} allowed, the condition^{that was imposed to the effect that not to resortto} further conveyalce of^{thesubject property ishereby recalled'} The Registering Authorities^{aredirectedto make necessary changesin the} records.

¶51

It is made clear^{that mere registrationof the documentdoes not} confer title on the^{subjectproperty and it is also madeclear that thisorder} would not have^{any bearing on all thosematters where title/rightsof the} parties are pending^{beforethe authoritieseitherin revision/ appealsfor} adjudication and in^{any other case thisorderalso does not precludethe} parties in asserting their^{rights before acompetentCourt of law'} There shall^{be no order as to costs."}

¶52

8.Sincetheissuesinvolvedinthiswritpetitionaresimilartothosethat havebeenconsideredbythisCourtinthecommonorderdated22.oS.2o24 passed in W.P. Nos.9645^{of 2O2L and 26353 of 2023 and for the reasons} alike, this writ^{petitionis allowed in terms of the commonorderdated} 22.03.2024^passed in^{W.P. Nos.9645 of 2O2l and 26353 of 2023 bv this} Court. There shall^{be no orderas to costs.}

¶53

As a sequel, miscellaneous^{applications, if any pending' shall stand}

¶54

closed.

¶55

the rhirteenth / witness rhe,""',,",#l[q'ffH]fl;r"il:,t"*:'ili'!*Xd"'#esdav' SD/. N.^CHANDRAS EKHAR RAO ASSISTANT EGISTRAR //TRUE^COPY//

¶56

SE TION OFFICER

¶57

'o' ',. ,n" Principal Secretary^{(Revenue)' Secretariat' Hyderabad' State of Telangana'}

¶58

¶59

The District Registrar, Medchal- Malkajgiri District. 3. The Sub Registrar, eutbullapyr, Medchal - Malkajgiri District. 4. The Collector, Medchal _ Malkajgiri District. 5. The Tahasildar, euthbullapur Mandal, Medchal-Malkaigiri District. 6. One CC to SRt KATTKA RAVTNDER REDDY, Advocate [OPUC] 7. Iy.'":r";iif,irioR^{STAMPS& REGlsrRArloN,Hish court ror thg s161.} of reransana at

¶60