Allowed

Smt. P. Deepika Verma v. The State of Telangana and 3 others

Telangana HC26 Nov 2024WP/27210/2022

Case brief

AI extract

What is this about?

Writ petition challenging refusal to register a release deed over a flat at Gachibowli on the ground that the land was declared Government land under Section 22(A)(1)(b). Following earlier orders setting aside the notification and Collector's letter, the writ petition was allowed.

What did the court decide?

Intimation of Refusal No.87/2022/RO(OB) dated 18.05.2022 set aside; registering authority directed to receive, register and release the release deed within two weeks, subject to statutory compliance.

Smt. P. Deepika Verma Vs The State of Telangana and 3… — Property and Title | Telangana HC (2024)

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

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TUESDAY, THE TWENTY SIXTH DAY OF NOVEMBER 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: 27210 OF 2022

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Between:

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Smt. P. Deepika Verma, W/O l. Lakhshman Raju, aged about 35 years, Occ. Software Engineer R/o 20607, Holyoke Drive, Ashburn, Viginia.2O147, U.S.A. Rep. by her G.P.A. Holder lndukuri Rama Raju, S/O I.A. Raju, aged about 46 years, Occ. business, RIO Doo No.2-92, Flat No.1186, Tower-|, Prestlge IVY League, Kothaguda Junction, Kondapur, Hyderabad.500 084.

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...PETTTTONER(S)

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AND

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1 The State of Telangana, Rep. by its Special Chief Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.

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2 The District Registrar, Ranga Reddy District. Hyderabad.

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3 The Joint Sub-Regrstrar, Ranga Reddy District.

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4 The District Collector, Ranga Reddy district, Hyderabad. ..

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...RESPONDENTS

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Petition under Article 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 a Writ of lt4andamus or any other appropriate Writ, order or direction, declaring that the order^passed by the 3rd respondent in Refusal Order No.87/2022lRO (OB), dated 18-05-2022, is null and void and set aside the same, and direct the respondents to receive and registering the Release Deed executed by Smt.P. Deepika Varma (Petitioner herein) relinquishing her half share in Flat No.4-E in 4th Floor in Jain Silpa Cyber View, bearing lt/unicipal Door Nos.1-80/13 & 14IJSCV/4-E (PTl No.1209953218) along with undivided share of land 52.58 Sq.yards out of total extent of 3370 Sq.yards with the^plinth area of 1270 Sq.yards (including common area) and one car parking on Plot Nos.13 and 14 in Sy.No.44 situated at Gachibowli village, Serilingampally Mandal, R.R. District,ⁱⁿ

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favour of the Petitioners father, which was^purchased by the Petitioner^jointly by virtue of registered Sale Deed bearing Doc. No.90B6/2013, Ranga Reddy^(R.0) as illegal and arbitrary and for a consequential direction to the resporrdents 2 and³ to receive, register and release the sale deeds,^gift deeds, release deeds and mortgage deeds etc. submitted by the Petitioner in the capacity o'Spl. Power of Attorney Holder of the Petitioner for the above said Flat, without rr:ference to the proceedings of the District Collector, Ranga Reddy District vide File Esl 47331201 4. dated 26.9.2013.

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IA NO: 1 OF 2022

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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 respondents 2 and 3 to receive, register and release the sale deeds,^gift deeds, release deeds and , mortgage deeds etc,^presented by me in the capacity of Special Power of Attorney Holder of the Petitioner, which was executed by Smt.P. Deepika Varma (Petitioner herein) relinquishing her hall share in Flat No.4-E in 4th Floor in Jain Silpa Cyber View, bearing [\4unicipal Door Nos.180/13and14/JSCV/4-E (PTI No.12099532'18) along with undividec share of land 52.58 Sq.yards out of total extent of 3370 Sq.yards with the plinth area of 1270 Sq.yards (including common area) and one car parking on Plot Nc,s.13 and^'14 in Sy.No.44 situated at Gachibowli village, Serilingampally Mandal, i1.R. district, in favour of the Petitioner's father, which was purchased by the Petitioner^jointly by virtue of Registered Sale Deed bearing doc.No.9086/2013, dated 29.5.2013 o'f SRO, Ranga Reddy (R.0), pending disposal of the Writ Petition.

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Counsel for the Petitioner : SRI S.S.R.MURTHY

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Counsel for the Respondents:AGP FOR STAMPS AND REGISTRATION The Courl made the following: ORDER

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t:.q

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

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WRIT PDTITION No.272lO^OF 2022

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ORDER:

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Heard learned counsel for the^{petitioner and learned} Assistant Government Pleader^{forStampsand Registration} appearing for respondents.

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This writ^petition is^{filed seekingto declare the order} passed by respondent No.3 in^{Refusal Order No.87l 2022lRO(OBl} dated 18.05.2022 is null^{aldvoid aldset aside the same ald} direct respondents to^{receive and register the releasedeed} executed by Smr.P.Deepika^{Varma relinquishingher half share in} Flat No.4E in 4tt'floor in^{Jain Silpa Cyber View bearing Municipal} D.No.1-80/13&|4IJSCV/4-E^{along with undividedshare of land} in 52.58 sq.yds.,^{out of total extent of 3370 sq.yds., on plot Nos'13} and 14 in Sy.No.44 at^{GachibowliVillage, Serlingampally Mandal'} Ranga Reddy District^{(subject property)in favour of petitioner's} father which was^{purchasedby the petitionerjointly by virtue of} registered sale deed bearing No'9086/2013^{as illegal and arbitrary} and consequently d.irect respondent^{Nos.2 and 3 to receive,} register and release the sale^{deeds, gift deeds, releasedeedsand} mortgage deeds etc., submitted^{by petitioner in the capacity of}

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Spl.Power of Attorney Holder of the petitioner for thr: above said flat without reference to the letter ES /qT33 / .2014 dated 26.O9.20t3.

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Learr-red counsel for the petitioner submits that petitioner is the joint owner of the subject property having purchased the same from the Developers by virtue of registered sale r:leed bearing Doc.No.9O86/2013 dated 29.05.2OI3 of S.R.O., Rrmga Reddy District. Earlier, the father of the petitioner has released her undivided half share in the above said property in favour of her husband and executed the release deed in his favour. It is further submitted that petitioner has given special porver of attorney in favour of one I.L.Raju. Accordingly, they have approached respondent No.3 for the registration of release deerl, however, respondent No,3 refused to register the same on the rlround that the same is^(iovernment land by virtue of the notifica.tion issued by respondentNo.4 uide File No.E5/4233/2014 ctated t)6.09.2013.

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This Court in W.P.No.19O69 of 2Ot4 dated 25.08.2014 has set aside the said notification dated 26.O9.2O13, ttre operative portion of the said order reads as under:

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" 1 1 . In uietu of the submission of learned. Ad.uocate General, if is made clear that notiftcation d.ated.

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26.09.2013 is not a notification under^{Section 22(A)(2) of} the Act and since, as on todag,^tlrcre is^{no such} notiftcation issued under Section^{22(A)(2)of the Act'} there is no restraint on the registeing^{authoritg to} receiue and process the deeds of conuegance^concerning tLLe lands in Surueg Nos.79 to BO^{of Hafeezpet Village.}

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Hence, tle Wit Petition is disposed^{of directing} the SubRegistrar to receiue and^{processthe deeds of} conueAaftce without reference to the^{Distict Gazette} notification dated 26.O9.2013 in^{accordanceuith the} Indian Registration Act, 1908^{and the IndianStamp Act,} 1899. Houteuer, it is open^{to ttLe} registeing^authoitgto refuse to register the deeds^{presentedbefore him, if he} has ang other objection, bg dulg^{assigningreasonsin} support of such decision^{and communicatethe decision} to tte petitioners. It is made^{clear that mere registration} of deed of conuegance does^{not confer title to the} propertg and it is made clear tlmt this^{order does not} preclude tte Gouernment to take appropriate^{steps as} utarranted bg lau and^{to assert its title. No cosfs.}

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Consequentlg, Miscellaneous^{Petitions, ifang,} pending in this uit petition shall stand^closed."

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Thereafter, respondent^{No.2 issued Intimationof Refusal} dated 18.05.2022 and refused^{the document for registrationby} allotting Doc.No.P/673/2O22^{and refused registrationfor the} following reasons:

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"As per the list furnislrcd bg Distict Collector, Ranga Reddg District uide Lr.No.ES/2825/2O2^{1 dated} 29.09.2021, the land in Sy.No.44 situated at Ga<:hibowli Village is; declared as Gouentment Land under Section 22(A)(1)(b) of Registration Act, 1908 and has^prohibited for^{registration."}

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This Court in W.P.No. 16109 of 2024 dated 79.07.2024, has set aside the Letter dated 29.O9.tl,O2l^uide Lr.No.E5/282512021 relevant paragraphs are^extracted

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hereunder:-

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"13. As such, tLrc letter dated 10.06.20.21 in Lr.No.ESi2825/2O21 and the similar letter '7ated 29.09.2021 in uthich reference of letter dated 10.06.2021 u.tas made, are onlg letters submitted by District^()ollector, Ranga Reddg Distict to District Registrar. Registration & Stamps DeparTment, fi'cng a Reddg Distict for taking further necessary actiort and that canrtot be tlrc basis Jor refusal for registrattl.on of the sub.ject propertA. It is also pertinent to not<: that subsequently, no notification was issued bg responderft authorities uith respect to the list of lands mentioned in the letter dated 10.A6.2022. In uitzw of the same, letter d.ated 10.06.2021 in Lr.No.ESt 2825/ 202i and the similar letter dated 29.09.2021 submitted bg District Collector, Rlcnga Reddg District to District Registrar, Registration & Stamps Department, Ranga Reddg Distnct are rnt in

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consonance to the prouisiorLs of Section 22-A of tLrc Act and 22(A)(1)(e) and Clause (ui) of the guideLines and the same cannot be referred for the purpose of denging registration of the subject properties. Consequentlg, reference made uide Lr.No.ES/2825/2021, dated 10.06.2021 and similar letter dated 29.09.2021 are per se illegal, arbitrary and bad in lau and are herebg set aside and u-trit petition stands allouted. Registeing Authoities are directed to receiue, regi"ster and release tte sale deed presented bg ttrc petitioner in respect of the subject propertA, subject to the petitioner complging utith the prouisions of the Indiqn Registration Act, 19O8, and Indian Stamps Act, 1899. It is also open to the Registeing Authoitg to refuse to register the subject document, bg specificallg assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner.

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Needless, to state that respondent Authoities shall scrupulouslg follout the directions and shall not furttter^{refer tothe Lr.No.ES/2825/2021 dated} 1O.O6.2O21and similar letter dated. 29.09.202i as a reason for refusal of registration and Registeing Authoities shall ueify the same before denging tLrc registeing on the similar ground u.thich has alreadg been addressed in this writ petition. It is made clear that mere registration of the document does not confer title on the subject propertg and it is also made clear that this order uould not haue ang beaing on all those matters where title/ rights of the parties are pending

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before th.e authorities either in^{reuision/ appeals} for adjudicalion and in ang other case this^{order alsc does} not preclude the parties in asserting their ights^before a competent Court of latu.

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Accordinglg, utit petition is allouted^u.tiththe aboue obseruations."

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Learned counsel for the petitioners^pray this^{Courtto pass} similar orders as passed in W.P.No.16109 of^2024dated t9.o7.2024.

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Learned Assistant Government Pleader^{appearing for} respondents has not disputed the same

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Recording the submissions^made by^{the learned counsel} appearing on either side and in terms of order^{pa-ssed by this} Court in W P.No.16109 of 2024 dated^{I9.O7.2O2'+,this writ} petition is allowed by setting aside the Intimation of^Refusal No.87 l2O22lRO (OB) dated 18.05.2022, and the^Registering Authority is directed to receive, register and^release the^subject document presented by the petitioner in respect of^{the subject} property, 'uvithin a period of two (2) weeks from the date of^receipt of a copy of this order, subject to the petitioners^{complyingwith} the provisions of the Indian Registration Act, 1908, and^Indian

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Stamps Act, 1899. It^{is made clear that if the said document} cannot be registered^{for any other reasons, the Registering} Authority shall^{record and communicatethesame tothe} petitioners. It is also^{made clear that mere registration of the} document does^{not confertitle on the subject property and this} order would not^{have any bearing on all those matterswhere} titte/rights of the^{partiesare pending before the authorities either} in revision/appeals^{for adjudication and in any other case this} order also does^{not precludethe parties in assertingtheir rights} before a comPetent^{Courtof law.}