Allowed

Ravuri Kavitha v. The State of Telangana

Telangana HC1 Apr 2024WP/4882/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the refusal to register a document based on non-compliant Gazette Notifications under Section 22-A of the Registration Act. Relying on prior orders, the Court set aside the refusal and directed registration, while recalling the interim stay on conveyance.

What did the court decide?

The Registering Authorities are directed to make necessary changes in the records and release the Pending Document No. P.61/2021.

Ravuri Kavitha Vs The State of Telangana — Property and Title | Telangana HC (2024)

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

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MONDAY, THE FIRST DAY.OF APRIL 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: 4882 OF 2021

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Between:

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Ravuri Kavitha, W/o. Sri Ravuri Sreenivasulu, Aged about 47 vears. Occ: Bqsiness, Rt/o Ftar No. .303, Rgjeswari npis, Fodatiiui noaO,'Olfii Telugu Ganga Office, Nellore, Andhra piadesh

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...PETITIONER

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AND

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1 . The State of. Telangana, Rep. by its principal Secretary (Revenue), Secretariat, Hyderabad

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The District Registrar, trrledchal- t\4alkajgiri District_

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The Sub Registrar, Quthbullapur, tVedchal - lr,4alkajgiri District.

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The Collector, lVledchal - N,4alkajgiri District.

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The Tahasildar, Quthbullapur IVlandat, tMedchal- tValkajgiri District

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...RESPONDENTS

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Petition under Article 226 of the constitutron of lndia praying that in the circumstances stated in the affidavit fired 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 3'd respondent i.e., The Sub Registrar, Quthbullapur, Medchal - Ivlalkajgiri Drstrict, in refusing to register and release the Pending Document No. 61/2021, vide lntimation of Refusal No.3312021 , dated 0gO2-2O21 , on the ground that the petitioner's property i.e., plot No. T-10g, admeasuring 200 Sq.Yards, in Sy.Nos.32gl4 and 329t5 of Mahadevapuram Residential Project, Phase-lll, situated at Gajularamaram Village, Under GHI/C Circle, Mandal and Regn. Sub-Dist Quthbutlapur, Dist. and Regn. Dist. MedchalMalkajgiri, is in prohibitory list under Section 22-A of Registration Act, 190g, as per the 1. Ranga Reddy District Gazette Notification R.R.No.g3, communicated by

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Joint Collector, Ranga Reddy vide File No.E5/4730/ 201 3/Quthbullapur/ Nizampet, dated 25-09-2013, 2. Deputy Collector and Tahasildar Quthbullapur lvlandal, File No. 8/583/2012, dated 17-02-2012 and 3. Gazette Notification No.134, dated 1003-2005 and G.O.Ms.No.292, Revenue (Registration.l), 9th tVarch 2005 communicated by Commissioner and lnspector General (R and 5), Hyderabeid vide File No.G1/4661/2005, DI.O2-O7 -20 0 5, is illegal, arbitrary, in violation 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 consequently direct the respondents herein to register and release the Pending Document No. P.6112O21, dated 08-02-2021 by setting aside the order of the Refusal No. 33/2021 daled O8-O2-2O21.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances slated 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 NoP-6112021, dated O8-O2-2O21 by suspending the refusal order passed by respondent no.3 vide lntimation of Refusal No. 33/2021, dated 08-02-2021, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY

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Counsel forthe Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

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W.P. No.4882 of 2O2I

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ORDER:

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This writ petition has been hled challenging the action of the Registering Authorities in refusing to register the subject documents based on the Gazette Notification R.R. No.83, dated 25.09.2013.

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The learned counsel for the petitioner would submit that the subject matter of this writ petition is squarcly covered by the common order dated 22.03.2024 passed in W.P. Nos.9645 ol 2021 and W.p. No.263S3 of 2023 by this Court. The learned counsel would further submit that this Court, whiie granting interim order dated 2A_O4.2021 in W.p. No.9645 of 2027 had, stipulated a condition not to resort to furt]rer conveyance of the subject property without leave of this Court anri similarly in W.p. No.26353 of 2023 this Court, while granting interim order dated 22.O9.2023, had prohibited the parties from proceeding with [urlhcr convc..ancc ol thc propcrty except on obtaining required permission from rhis CourL.

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It is further submitted that in rhc present rvrit petition this Court, while granting interim order dated 03.03.202 1, had dirccted the Registering authorities to register the sublect d()cum(:nts,"vith onc of thc conditions that the petitioner not to resort to furrher conveyancc ol thc subject properLy without leave of this Court. Subscqucntly, in pursuance ol said interim order, the Registering authoritics har c rcraistcrcd r he sub ject documenLs and as on today, on bchalf of the respo.tlcnts/ llr:gistcring authoritv no counter has been filed.

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2 w P. N6.4aa2^of20?

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On the other^{hand, the learnedAssistant GovernmentPleader} appearing for^{the Stamps and Registration did not disputcthe submissions} made by the^{learned counsel for the petitioner'}

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Heard the learned^{counselon eitherside and Perused the material} made available^{on record}

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At this^{juncture, it is significantto notethat the DivisionBench of this} court vide^{its common order datedlg.lo.2o23passed in w'P No 28300of} 2OO7 and batch^{had dealt with the validity of Section 22 A of the Act as} incorporated^{in the RegistrationAct, 19O8and thc AmcnclcdAct' l9 of 2OO7} witheffectfrom20.06'200Tandhadupheldthevaliditl'oltheScction22-A of the Act

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Having gone^{through the materialmacic availablcon LI.tcrecordancl} the submissions^{made by thelearned counscl oll citherside'} it is essential^{and necessaryto excerpt the relevant para Nos 23 to 32 o[ the} common order^{dated 22 -O3.2O24 passed in W PNos cl(r45 oi 2O2 Iancl} 26353 ol 2023^{by this Court, whichreads as under'}

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'23. From a perusal of^{the Notification in R R' No ti3 dated 25 09'2013'} thcsubjectlandswerenotilredundersection22A(I}(a)furtlrcl.lltrposeoI Section 22-A(l)^{lt isonly anotice given invitingot)lcctronsand} suggestions on^{theabove proposalfromall persons$11o} 'Lr1'lik('l<sup>to bc aifected thereby^{for bcingtaken into considerationb\Lh' rlrr\e,.rlrrrenl'} The details of the properties^{mentioned in the annc\Lrr(slarcsthat ttre} sllblect lands are Government^lands.

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Section 22 A^{(1) (e) of the Act manifeststhata11\ do'r'rrnl'nts or class} oI docLlments pertaining to the^{properties,the Stat((l<rr< rnrrrcnrnlar- bt'} nolification prohlblt the registration^1p ""'hrcb^{al'oNctlot ;rCcILtetlrntcrests} '- ol Central an.l State Governments, tocal Bodies l'lllltcat io Llal Cultural'

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I 1 :

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lavsx, J 3 w.P. o.4aa2 o{ 2O2l

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Religious and Charitable lnstitutions,^{thoseattachcdby Civil,Criminal,} Revenue Courts and Direct and Indirect^{Tax Lawsand others which are} Iikely to advcrsely affect these^interest.

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Section 22-A^(2| reads as under

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"(21 For the^{purpose of Clause (e) oF sub section(11, the State} Government shall^publish a^{notificationafter obtaining reasonsforand} full description of properties^{furnished by theDistrictCollectors} concerned in the manner as^{may be prescribed."}

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It is pertinent to note that^{in the caseof VinjamuriRajagopala} Chary (Supra) paras 156 had^{summarizedandissued directionsAs per} the Clause (v) no notihcation^{is contemplated undersub section (2) of} Section 22-A with respect to the^{propertiesfalling under clauses(a) to (d)} of sub section (1) of Section^{22-AAs per Clause(vi), the properties} covered under clause^(e) of^{Section22-A shalt be notilled in the ofhcial} Gazette of the State Governments^{and shall be fonrarded' alongwith the} list of properties, and a^copy of the^{relevantnotification/Gazette,to the} concerned registering authorities^{undcr the provtsiottsof llegrstration Act} and shall also^place the said^notification /^{Gazette on the u'r:bsites of both} the State Govcrnments,

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The subject lands in^{these writ pctitionsas pr:tthe Nolificattotr in} R.R.No.83 in File No.E5/47³⁰ /^201,3 I Quthbullaptr^{r /} Quthl)ullapur,^dated 25.O9.2O13, which according to thc^{I)istricl (lollcctor ttcre<:lassificdas} Government lands and a Noti{ication^{\'asisstLecl calling[or} objection s/ suggestions before^{placingfor prohibtttorts.Section 22-n(t) (e)} and (2) stipulates that if any land^{isclassrllecl and(lelerminedas} Government tand, the Government^{shall pubhsh ano[[icialCazctte} notification after obtaining reasons for and^{fulldcscriptlonof properlies} furnished by thc District^{Collectorconccrnedin thc nrarrneras prcscribecl'} In the case on hand, the respondents^{have not ii)llo!e(l the provtstons of} Section 22-A(l)(e)(2) and the^{guidehnesissucd br tlre ['ull l]errchin the} case of Vinjamuri Rajagopala Chary^{(Supra)\helcirrat para 156held} that the authorities are obliged to^{follo'"rClailsc (rr) fbr thosc pr(,Pcrties} covered under Clause^(e) of^{Scction 22 A oi tlrc A(1. \ hcrcb\suchlands} have to be notified in thc ofhcial^{Gazettcof thc St.rtc 'l'he NotilicationIn} R.R. No.83 dated^25.09.2013 communicatt:rl^{b\ the.JointCollector,Rarlga} Reddv vrdc I.'ite^{No.E5/4730/2O13/Qrrtlrbtrllapurr'QLrthbullaprtr,datcd} 25.O9.2013;^{Deputy CollectorandTalrasildhar.} Qutlrbullapur^Mandai,File

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nwsx. J w.F r{o.4aa2 0f 202

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No.B/583/20I2, dated 17.O2.2O12 and the Gazette Notification No. 134, dated 1O.03.2OO5 and G-O.Ms.No.292, Revenue (Registration-t), 9th March 2005 communicated by the Commissioner and lnspector General (Revenue & Stamps), Hyderabad vide File No.Gl /4661/2005, dated 02.O7.2oo5 are not in accordance with the provisions of the Section 22-A (1) (e) and 22 11)12) and also as per Cladse (vi) ofthe gurdelines issued in the case of Vinjarnuri Rajagopala Chary (Supra) and the same cannot be the basis for denl,ing for registration of the subject properties.

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Further, the Tahsildar vide File No.B/583/2012, daLcd 17.O2.2O12 had notified the particular property as the Government land and requestcd the Sub-Registrar not to register any deed of conveyance. The District Collcctor on 25.O9.2O13 had issued preliminary notrficatron calling lbr oblections and the said notihcation was found to be defective b! this Court in W P. No. 19069 of 2014 dated 25.08.2O14.

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2a. It is also pcrtinent to note that in the counter filed in W.t'. No.26353 of^'2O23 prohibiting transfer/ registration that subscquent to the Notification in R.R. No.83 dated 25.09.2013 the ansu,ering rcspondents ha!,e not taken anv steps in notifying in the official Gazette of Statc (;o\ errlnenl in terms of the guideline No.(vi) issued by the Full []err:lr in the r:ase ol Vinjamuri Rajagopala Chary (Supra).

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2q As srrr:lr. lhc Notification in R.R.No.83 in File No.E5/473O/2O131 Quthlrull:rPur,/Quthbullapur,^{dated 25.09.2013, is only a rrotrcegiven lor} rn\lt rg ol)tc(tioi]s and suggestions and this cannot be tlre basis for relusal for- .egistration of thc subject properties. In view of the samc, Ciazcttc Notrliciltron in R.R. No,83, dated 25.O9.2073, communicated bv thc .loint Collector, Ranga Reddy vide File No.E5/a730l2013/ Q^{u 1hbu llaprrr/Gajularamaram, dated 25.09.2013,2)DeputyColtector &} Tahsrlciar Qutlrbullapur Mandal, File No.B / 543 / 2012, dated I 7.02.20 I 2 .rlrd tl.rc^(lazettc Notification No.134, dated 1O.O3.2005 and C.O.Ms No.292, datcd O9.03.2005 are not in consonancc to thc provrsions of Seclron 22 A of the Registration Act, 19O8 and 22-A(1)(e) and Clausc' ('i) of the gtriclelrncs and the same cannot be refered for the purposc of (ic1.r\ Irg .cgistration of the subject properties. Consequcnth, rcfcrcncc rnadc^r i<lc in File No. E5 /,1730 / 2013 / Quthbullapur/ Galularamara rn. and I"ilc' No.l'.j'.1730i'2013lQuthbullapur/Quthbullapur, datccl 25 O().101-l and File^No lli 583i 2Ol2 darcd 17.O2.2012 of thc Tahsildar, QrrthlrullaPtrr

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w -P - No-4l,62 ot 2OZL

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l l

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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 2021 and 26353 of 2023 are allowed

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This Court on 22.O9.2023, white directing.the Registering authority to receive and process the document without teference to the letter dated 17.O2.2O12, and the Notification in R.R. No.83 dated 25.O9.2013, 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 2O2l and 26353 of 2023]' are allowed, the condition that was imposed to the effect that not to resort to furthcr conveyance o[ the subject property is hereby recalled. The Registering Authorities are directed to make necessary changes in the rccords

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32 It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order \ollld not have any bearing on all those matters where titl(i/ngh1s ofthe 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 Ia$'. There shall be no order as to costs."

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Sincc thc issucs involvdd in this writ petition arc simil.rr to those that lrave been considered by this Court in the common ordcr datcd 22.O3.2O21 passed in W.P. Nos.9645 of 2O2l and 26353 ot 2023 and lor thc reasons illike. thrs $'rit pctition is allowcd in terms o[ Lhe common order dated 22.O3.20',24 passed in W.P. Nos.9645 of 2O2l and 26353 of 2023 by this Court

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It is madc clear that in the present writ p('tition thrs Court, u'hrlc granting thc intcrim order dated 03.O3.2O21, thc condition stipulatcd to the cxtcnt of not to resort to further conveyance of ttrc subject propert_' ri'itl-rout leave of this Court is hereby rccallccl and consequcntl',

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NVSI(, J w,F. No.46A2 of 20-

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the Registering authorities are directed to^{makenecessary changesin the} records. There shall 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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SD/. T. JAYASREE ASSISTANT REGISTRAR

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