Allowed

Smt Thirupuru Pooja v. The State of Telangana

Telangana HC13 Aug 2024WP/2566/2021

Case brief

AI extract

What is this about?

Petitioner challenged the Sub Registrar's refusal to register a document on the ground that the property appeared in prohibitory list notifications. Following an earlier common order of the Court holding such notifications defective for non-compliance with Section 22-A(1)(e) requirements, this Court allowed the writ petition on identical terms.

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.

Smt Thirupuru Pooja Vs The State of Telangana — Landlord and Tenant | Telangana HC (2024)

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

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

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 2566 OF 2021

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Between:

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Smt Thirupuru Pooja, Wo Thirupuru Mohan Raj, Aged about 26 years, Occ; HouseWife, Rr/o. H.No.1-10-8e0001, Kala Nagar, tvtetpalli village and Mandal, Karimnagar Districl.

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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.

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The Collector, Medchal - Malkajgiri District.

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The Tahasildar, Quthbullapur Mandal, Medchal-Malkajgiri District.

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.....RESPONDENTS

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Petition Under^p.Ilicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent i.e., The Sub Registrar, Qutbullapur, Medchal - MalkaJgiri Dtstrict, in refusing to register and release the Pending Document No. P.36/2021, vide lntimation of Refusal No. 2112021, daled 27-O1-2O21 on the ground that the Petitioner property ie., House bearing No. 28-169/243 on PIot No.244 part, admeasuring 60Sq.Yards, and Plot No.243, admeasuring 40 Sq.Yards, admeasuring totalling to 100 Sq.Yards with a plinth area of 350.0 Sq.Feets of RCC in Ground Floor, 350.0 Sq Feets of RCC Parking in Ground Floor,700.0 Sq.Feets of RCC in First Floor,700.0 Sq.Feets of

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RCC in second Floor. thus the ptinth area of (G plus 2) 2100.0 Sq.Feets of R.C.C,, in Sy.No.151. situated at Vijay Nagar Colony, Maruthi Nagar, Quthbullapur Viltage, euthbullapur Mandal, Medchal_ Malkajgiri District, is in prohibitory list under section 22-A of Registration Act as per the 1. Ranga Reddy District Gazette Notification R.R.No.g3, communicated by Joint Collector, Ranga Reddy vide File No.E5/4730/ 2013/euthbultapur/ Nizampet, dated 25_09-2013, 2. Deputy Collector and Tahasildar euthbullapur Mandal, File No. 8/58312012. daled 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 communrcated by Commissioner and lnspector General (R and S), Hyderabad vide File No.G 1/4661/2005. Dt.02-07-2005, is illegal, arbitrary, in violation of Articles 14, 21 and 300-4 of constitution of rndia and arso in vioration of Registration Act, 1908' besides in vioration of principres of Naturar Justice and consequenry direct the respondents herein to register and release the pending Document No. P -3612021 . dared 2r-01-2021 by setting aside the lntimation of Refusar No. 2112021 , dated 2t -01-2021 .

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I.ANO:1 OF 2021

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Petition Under section 151 cpc praying that in the circumstances stated in the affidavit fited 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.36/202'1. dated 27-01-202.1 by suspending the refusal order passed by respondent No 3 vide tntimation of Refusal No.21t2O21, daled 2t_01-2021 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 the Respondents : AGp FOR REVENUE

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The Court made the following ORDER

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THE HONOURABLE^{SRI JUSTICE N.V. SHRAVANKUMAR} W.P. No.2566 of^2O2l

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ORDER:

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This writ petition^{has been filed challengingthe action of the} Registering Authorities^{in refusing to registerthe subject documentsbased} on the Gazette^{NotilicationR.R. No.83,dated 25'09'2O13'}

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The learned^{counsel for the petitionerwould submit that the subject} matter of this^{writ petition is squarelycoveredby the common order dated} 22.03.2024^{passed in W.P. Nos.9645 of 2O2l and W'P' No'26353 of 2O23} by this Court.^{The learned counselwould further submitthat this Court'} while granting^{interim orderdated 28'04 '2021 in W'P' No'9645 of 2021had} stipulated a condition^{not to resortto furtherconveyanceof the subject} property without^{leave of this Court and similarlyin W'P' No'26353 of 2023} this Court,^{while granting interim order dated 22 'O9 '2023' had prohibited} the parties^{fromproceeding with further conveyanceof the property except} on obtaining required^{permission fromthis Court'}

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It is further^{submitted that in the present writ petitionthis Court'} n,hilegrantinginterimorderdatedOg'O2'2O2l,haddirectedtheRegistering authorities to^{registerthe subject documents.Subsequently,in pursuance} of said interim^{order,the Registering authoritieshave registered the subject} documents and^{as on today, on behalf of the respondents/ Registering} authority no counter^{has been filed.}

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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 available on record.

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At this juncture, ir is signihcant to note that the Division Bench of this court vide its common order dated 19.ro.2o2s passed in w.p. No.2g3o0 of 2oo7 and batch had dealt wit]., the validity of section 22-A of the Act as incorporated in the Registrarion Act, l9o8 and the Amended Act, 19 of 2ool with effect from 20.06.20o7 and had upheld the validity of the Section 22-A of the Act.

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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 necessarv 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,g3, dated 25.09.2OL3, the subject lands rvere notified under Section 22-A (1)(a) for the purpose of Section 22-A(ll. It is only a notice given inviting objections and suggestions on the above proposal from all persons who are likely to be affected therebv for being taken into consideration by the Government. The detarls of the properties mentioned in the annexure states that the subject lands are Governrnent lands.

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Section 22,A (ll (ei of the Act manifests that any documents or class

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*of-documents^{pertainrngto the properties,the State Government may, by} notification prohibit the registration in which avowed or accrued interests of Central and State Gove1nngn1., Locat Bodies, Educational, Cultural,

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1 I I I I I iI , I I

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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.

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Section 22-A (2) reads as under:

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'l2l For the purpose of Clause (e) of sub-section (1), the State Goverflment shaU publish a notification after obtaining reasons for and full description of properties furnished by tl:e District Collectors concemed in the manner as may be^prescribed."

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[t is pertinent to note that in the case of VlnJaEuri 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 prop€rties falling under clauses (a) to {d) of sub-section (11 of Section 22-4. As per Clause (vi), the properties covered under clause (e) of Section 22-A shall be notifred in the official Gazette of the State Governments and shall 6e forwarded, along with the list of properties, and a copy of the relevant notification/ 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 Covernments.

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The subject lands in these writ petitions as per the Notif,ication in R.R.No.83 in File No.E5/473O /2Ol3l Quthbuuapur/ Quthbullapur, dated 25.09-2013, rvhich according to the District Collector were classifiecl as Government lands and a Notification was issued calling for objections/ suggestions before placing for prohibitions. Section 22-A (ll (el and (2) stipulates that if any land is classified and determined as Covernrnent land, the Government shall publish an official Gazette notification after obtaining reasons for and full description of^properties furnished b.the District Collector concerned in the manner as prescribed. In the case on hand, the respondents have not foUowed the provisions of Section 22-A(l)(eX2) and the guidelines issued by the Full Bench in the case of VinJamurl Rajagopala Chary (Supra) wherein at para 156 held that the authorities are obliged to follow Clause (vi) for those properlres covered under Clause^(e) of Section 22-A of t}le Act, whereby such 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 Redd,r' virie File^No. E5/473O/ 2O 13 / Quthbullapur/ Quthbultapur, dated 25.O9.2O13,^{Deputy Collector} and Tahasildhar, Quthbullapur Mandal. Irile

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No.B/583/2012, dated 17.O2.2012 and the Gazette Notification No.134, dated 10.03.2005 and G.O.Ms.No.292, Revenue (Registration-I), 9ft March 2OO5 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide Fite No.GL /4661l2OO5, dated O2.O7.2OOS are not in accordarce with the provisions of the Section 22-A (1) (e) and 22 lll|.21 and also as per Clause (vi) of the guidelines issued in the case of VinJamurl Rajagopala Chary (Supra) and the same cannot be t}te basis for denying for registration of the subject properties.

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Purther, the Tahsildar vide File No.B/583/2O12, dared 17.O2.2O12 had notified the particular property as the Government land and requested the Sub-Registrar not to register any deed of conveyance. The District Collector on 25.09.2013 had issued preliminary notilication calling for objections and the said notifrcation was found to be defective by this Court in W.P. No. 19069 of 2014 dated 25.OA.2O14.

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It is also pertinent to note that in the counter filed in W.P. No.26353 of 2O23 prohibiting transfer/ registration that subsequent to the Notifrcation 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 Govemment in terms of the guidetine No.(vi) issued by the Full Bench in the case of VinJaraurl Rajagopala Chary (Supra).

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As such, the Notification in R.R.No.83 in File No.E5/473O l2013l Quthbullapur/Quthbullapu r,^{dated25.O9.2O13,} is only a^{notice given for} inviting objections and suggestions and this cannot be the basis for refusal for registratron of the subject properties. In view of the same, Gazette Notification in R.R. No.83, dated 25.09.2013, communicated by the Joint Collector, Ranga Reddv vide File No. E5/473O l2ol3l Quthbullapur/^{Gajularamaram,} dated 25.09.2013, 2) Deputy^Collector & Tahsildar Quthbultapur Mandal, File No.B/583/20 12, dated 17.O2.2O12 and the Gazette Notification No.l34, dated 1O.O3.2OOS and G.O.Ms.No.292, dated 09-03.2005 are not in consonance to the provisions of Section 22-A ot lhe Registration Act, l9O8 and 22-A(1)(e) and Clause (vi) of the guidetines and the sams cannot be referred for the purpose of denying registration of the subject properties. Consequently, reference made vide in File No. E5 / 4730/ 2013 / Quthbullapur/ Gaj ularamaram, and File No.E5/4730/ 2013 / Quthbu llapur/ Quthbullapur, dated 25.O9.2013 and File No.B/58312012 dated 17.O2.2O12 of the Tahsild:rr, Quthbullapur

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a, q^

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

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Accordingly, W.p. Nos.9645 of 2O2I and,26353 of 2023 are allowed.

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This Court on 22.09.2O23, while directing the Registering authority 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 reave of this court. In this regard, it is made crear that since these writ petitions (W.p. Nos.964S of 2O2L and 26353 of 2023) 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 necessarJ. changes in the records.

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It is made clear that mere registration of the document does not confer title on the subject property and it is atso 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 adjudication and in any other case this order also does not preclude 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 invorved in this writ petition are similar to those thar have been considered by this court in the common order d.ated,22.o3.2o2a passed in w.P. Nos.9645 of 2o2r and 26353 of 2023 and for the reasons alike, this writ petition is a[lowed in terms of the common order dated 22.03.2024 passed in w.p. Nos.9645 of 2o2r and 26353 of 2023 bv this Court. 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/. A.V.S.PRASAD ASSIS T REGISTRAR

//TRUE^COPY//

S CTION^OFFICER

To 1. ThePrincipal^{Secretary, (Revenue)' Secretariat' Stateof Telangana at} Hvderahad

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