Allowed

Tallaparthi Shailaja v. The State of Telangana

Telangana HC8 Apr 2024WP/4886/2024

Case brief

AI extract

What is this about?

In this petition under Article 226, the High Court of Telangana allowed the writ petition. The Court held that a notification under Section 22-A(1)(e) of the Registration Act barring registration must be published in the official Gazette after obtaining reasons. Consequently, a preliminary notification inviting objections was declared illegal and set aside, and the registering authorities were dir

What did the court decide?

The illegal notifications dated 25-09-2013 and 17-02-2012 were declared bad in law and set aside. The petitioner is permitted to register the deeds. The condition on further conveyance is recalled.

Tallaparthi Shailaja Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2024)

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

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MONDAY ,THE^{EIGHTHDAY OF APRIL} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE N.V.SHRAVAN KUMAR} WRIT PETITIO N^{NO:4886 oF 2024}

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., Between:

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Tallaoarthi Shailaia,^{Wo Sri. Tallaparthi SeshuEabu' Aged about 38.years'} Occ. Gaju:i#g:jfi "';":i:'dJl'-:tli,.\i;."';1r'il1;,*,if^{i'"Jn,?3iof L,"ffi ';} State

...PETITIONER

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1 . The State of^{Telangana, Rep by its Principal Secretary (Stampsand} Reoistration). Secretariat'^Hyderabad'

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Th; District^{iiegistrar,Medchal-MalkajgiriDrstflcl}

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iil; 5;d-ii;gii[rai,^oltho,! !aou1, lg<ilnal-Mal^{kaisiriDi strict} +. f ne Cottectoi,^{Medchal-Malkajgiri District}

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iil; i;fi;;irotri,^{orir,urliipui"Mandat, Medchal-Malkaisiri District}

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...RESPONDENTS

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PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances^{stated in the affidavit filedtherewith' the High Court maybe} pleased to issue a Writ,^{Order or direction more particularly onein the natur€of} Writ of Mandamus^{declaringthe inaction of Respondent No' 3 i'e" The Sub-} Registrar,Quthbullapur,Medchal-MalkajgiriDistrictinreceivingandregistering theMemorandumofDepositofTitleDeedspresentedbythep€titionerinrespect of all that the^{HouseNo.O7-231t15,PTIN No' 1152401594'adrneasuring} 110.0Sq.Yds., or^{91 .97 Sq.Mts-,with built up area20OSq Ft'' of ACC roof in} Survey No. 220,^{situated at SaniayGandhiNagar' GaiularamaramVillag'e' under} GHMC Limits. Medchal-Malkajgiri^{District,TelanganaState} '^{on the basisof} prohibitory list under section^{22-A of RegistrationAct as per the 1' Ranga Reddy} District Gazette^{NotificationR.R.No.83,communicatedbyJointColl.ector'} videFile No.E5^{I 47 30I 2Ol 3/Q uthbullapur/Gaiularamaram'dated} Ranga ReddY 25-09-2013,2.^{Deputy Collector and Tahalsildhar Quthbullapur Mandal'File No}

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8.158312012, dated 17-O2-2O12 and 3. Gazette Notification No 134, dated 10-0320O5 and G.O.Ms No. 2g7, Revenue (Registration. l), gth March 2005 communicated by Commissioner and lnspector General (Revenue and Stamps), Hyderabad vide Fire No- G1/4661/2005, Dt. o2-or -zoos, as iilegar, arbitrary, in violation of Articres 14,21 and 300-4 of constitr.rtion of lndia and also in violation of Registration Act, 1908, besides in violation of principres of Natural Justice and consequently direct the Respondent No.3 to receive and register the Memorandum of Deposit of rire Deeds presented by the petitioner in respect of House No. 07-231115, pTlN No. 1152401594, admeasuring 110.0 Sq.yds., or. 91.97 Sq.Mts., with buitt up area 2OO Sq.Ft., of ACC roof, in Survey No. 220, situated at Sanjay Gandhi Nagar, Gajuraramaram Viflage, under GHMC Limits, Medchal-Malkajgiri District, Telangana state., without reference of 1. Ranga Reddy District Gazette Notification R.R. No. 83, communicated by Joint Collector, Ranga Reddy vide File No. ESl4T3Ol2Ol3lQuthbullapur/Gajularamaram, dated 2S_Og_2O13, 2. Deputy collector and rahasildhar euthbuflapur Mandar, Fire No. Brs}3t2o12. dated .r 7- o2-2o12 and 3- cazette Notification No. 134, dated 10-o3-2005 and G.o.Ms No. 287, Revenue (Registration. r), 9th lr/arch 2005 communicated by comrnissioner and lnspector General (Revenue and Stamps), Hyderabad vide File No. G 1 I 4661 I 2005, Dr. o2-o7 _2005 lA NO: 1 OF 2024

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Petition under section 1 s 1 cpc pr.aying that in the circumstances stated in the affidavit fired in support of the petition,, the High court may be preased to direct the Respondent No. 3 to receive and register the Memorandum of Deposit of ritre Deeds presented by the petitioner in respect of a[ that the House No. 07231115, PTIN No. 1152401594, admeasuring 11O.0 Sq.yds., or 91.97 Sq.Mts., with built up area 200 sq-Ft., of ACC roof, in survey No. 220, situated at sanjay Gandhi Nagar, Gajuraramaram Vi age, under GHMC Limits, Medchar-Markajgiri District, Telangana state., without reference of 1 . Ranga Reddy District Gazette Notification R.R. No.83, communicated by Joint corector, Ranga Reddy videFire No' E51473o1201 3/euthburapur/Gajuraramaram, dated. zs-o9-2o13, 2. Deputy Collector and Tahalsildhar euthbullapur lvlandal, File No. [3t5g312}12, dated 1702-2012 and 3- Gazette Notification No. 134, dated 10-03-2005 and G.o.Ms No.

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287, Revenue (Registdation. l),^gth March 2005 communicated by Comrnissoner and lnspector General (Revenue and Stamps), Hyderabad vide File^M. G1/4661/2005, Dt. 02-07-2005^pending disposal of the^{Writ petition}

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Counsel for the Petitioner: SRI T. V. SRIKANTH

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Counsel for the Respondents: GP FOR STAMPS AND^REGISTRATION The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KT'MAR

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VI.P. No.4886 of ?,O24

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ORDER:

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This writ petition has been filed challenging the acLion of the Registering Authorities in refusing to register the subject documents based on the Gaze tte Notilication 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 tJ-is writ petition is squarely covered by the common order dated 22.03.2024 passed in W.P. Nos.9645 ot 2O2t and W.P. No.26353 of 2023 by this Court. The learned counsel would further submit that this Court, while granting interim order dated 28.O4-2021 in W.p. No.9645 of 2O2I lnad, stipulated a condition not to resort to further conveyance of the subject property without lea.,. e of tJ.is Court and similarly in W.p. No.263S3 of 2023 this Court, while granting interim order dated 22.09.2023, had prohibited the parties from proceeding with further conveyance of the propert5r except on obtaining required permission from this Court.

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It is further submitted that in the present writ petition this Court, while granting interim order dated 26.02.2024, had directed the Registering authorities to register the subject documents with one of the conditions that the parties are prohibited from proceeding with further conveyance of the property except on obtaining required permission from this Court. Subsequently, in pursuance o[ said interim order, the Registering authorities have 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^{GoverrunentPleader} appearing for the Stamps and Registration did not disput€^{the submissirns} made by the barned 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, it is significant to note^{that the Division Bench of this} Court vide its common order dated 19.LO.2O23^{passed in W-P. No.2830O of} 2OOZ and batch had dealt with the vatidity of Section^{22-A of the Act as} incorporated in the Registration Act, 19O8 and the Amended^{Act,19 of 2OO7} with effect from 20.Ci6.20O7 and had upheld the^{validityof the Section22-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^{counseloneitherside,} 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.9645of 2O2l and} '26353 of 2023 by this Court, which reads as^under:

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"23. From a^perusalof the^{Notifica.tionin R.R. No.83,dated25.O9.2O13,} the subject tands^were notified^{underSection22-A (lxa)for the purpose of} Section 22-A(11. lt is only a notice^{given invitingobjections and} suggestions on the above^{proposatfrom all persons who are likely to be} allected thereby for being taken^{into considerationby the Govemrrent.} The details of the Prop€rties mentioned^{in the annexure states that th€} subject lands are Government lands.

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Section 22-A^{(1) (el} of the^{Act manifeststhat anydocumentsor class} of documents pertaining to the ProPerties,^{the State Government may, by} notification prohibit the registration in^{which avowedor accrued interests} of Central and State Governments,^{I-ocal Bodies,Educational, Cultural,}

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Retigious and Charitable lnstitutions, those attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax l-a.ws and others which are likely to adversely aJfect 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 (l), the State Government shall pubtish a notification after obtaining reasons for and full description of properties fumished by the District. Collectors concerned in the manner as may be prescribed."

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[t is pertinent to note that in the case of VlnJaaurl RaJagopala Ch(ry (Supra) paras 156 had summarized and issued directions. As per the Clause (v) no notification is contemptated under sub,section (2) of Section 22-A with respect to the propcrties talling under clauses (a) to (d) of sub-section (11 of Section 22-A. As per Ctause (vi), the properties covered under ctause (e) of Section 22-A shall be notif,red in the o(ficiat Gazette of the State Govesnngng5 and shall be forwarded, along w.ith trle list of properties, and a copy of the relevant notilication/Gaz€tte, to the concerned registering authorities under the provisions of Registration Act and sha[[ also place the said notihcation/Gazette on the websites of both the State Governments.

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The subject lands in these writ petitions as per the Notihcation in R.R.No.83 in Fite No.E5/4730 /2Ot3 / euthbultapur/euthbuttapur, dated 25.09-2013, which according to the District Couector were cl,assified as Government talds and a Notification was issued calting for objections/suggestions before ptacing for prohibitions. Section 22-A (ll (el and (2) stipulates that if any tand is classified and determined as Government land, the Government shall pubtish an omcial Gaz€tte notification after obtaining reasons for and futt description of properties furnished by the District Cottector concemed in the malner as prescribed. ln the case on hand, the respondents have not foltowed the provisions of Section 22-A(l)(e)(2) and the guidelines issued by the Fult Bench in the case of Vinjamuri Rajagopala Chary (Supra) wherein at para 156 held that the authorities are obliged to fo[ow Ctause (vi) for those properties covered urrder Clause (e) of Section 22-A of the Act, whereby such tands have to be notified in the offrcial GazeLte of the State. The Notification in R.R. No.83 dated 25-O9.2O13 communicated by the Joint Collector, Ranga Reddy vide File No. E5 / 4730/ 20 t 3 / euthbullapur/ euthbullapur, dated 25.O9.2O13; Deputy Coltector and Tahasildhar, euthbullapur Mandal, File

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No.Bl5A3l2Al2, datcd 17.O2.2O12 and^{the Ga-rettel'lotil-rcationNo.l34,} dated 10.03.2005 and G.O.Ms.No.292,^{Revenue (Registration-l),96 March} 2OOS communicated by ttrc Commissioner^{and Inspector C€neial} (Revenue 66 Stampsl, Hyderabad virte File^{No'G l/'166t} /2005,^dated. O2.O7 -2OOS are not in accordance^{with the provisinnsof ttre Sectiro22-A} (l) (e) and 22 (lll2l and also as^per Claus€ {vi) of the^{guklelines issued in} the case of Vinjamuri^{RajagopalaChary(Supra) and the same cannotbe} the basis for denying for registration^{of the subject properti€s.}

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Further, the Tahsildar vide File^{No.Bl583/2A12, dat€d 17 'O2 2012} had notifred the particutar^property as^{the Government land and} requested the Sub-Registrar^rrot to^{register any deedof coni€yance The} District Collecto r ot 25.c'9.2013^{hadissued preliminarynotification} calling for objections and^{the saidnotification was licundto be defectiveby} this Court in W.P. No.19069^{of 2014 dated 25.8.2014.}

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2a. It is also pertinent^{to note} that^{in the counter hledin W'P' No'26353} of 2c23 prohibiting^{transfer/registrationthatsubsequent tottte} Notirrcation in R.R. No.83 dated^{25 O9.2OI3the answering respond€nts} have not taken any steps^{innotifying inthe official Gazrtte of State} Government in terms of^{the guidetine No.(vil issuedby the Full Bench in} the case of Vinjamuri^{Rajagopala chary (Supra)}

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As such, the Notifrcation^{in R-R.No.83in File No.E5/473O12O13} / Quthbultapur/Quthbuttapur,^{dated 25.09.2013,is only a noticegivenfor} inviting objections and^{suggestionsand this cannot be the basis for} refusal for registration of the^{subjectproPerties.ln view of the sar{re,} Gazette Notification in^{R.R. No.83, dated25.09.2013} '^{communicatedby} ttte Joint Collector, Ranga^{Reddyvide Fite N'.ES} 14730 l2ol3/ Quthbullapur/Gajutaramaram,^{dated 25.O9.2O13,2) Deputy Collector&} Tahsitdar Quthbullapur Mandal,^{FileN o.B} I^5a3 |^{20 12' deted17.O2.2o 12} and the Gazette Notification^{No.134, dated 10.03.2@5 and} G.O.Ms.No-292, dated^{O9.O3.20O5 are not in conscranc€to the provisions} of Section 22-Aot^{tl:reRegistrationAct,l9O8and22-A(1)(e)and Clause(vi)} of the guidelines and^{th€ samecannot be referredfor the purpose of} denying registration^{of the} subject^{properties.Consequently,refererrce} made vide in^FiLeNo.Es /473Ol2O^13/ Quthbulla€ur/^{Gajularamarann, and} File No.E5/4730 /20¹³ /Quthbultapur/Quthbultapur,^{dated 25'o9'2O|3} and Fite No.B/SA3/^{2012 dated17 -O2.2012of the Tahsildar,QuthbultaPur}

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f-, Mandal, are declared as iltegal, arbitrary and bad in law ard are hereby set aside

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Accordingly, W.P. Nos.9645 of 2O2t and 26353 ot 2e23 are allowed

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This Court on 22.09.2023, white directing the Registering authority to receive and process the document without reference to the tetter dated l7-O2.2O12, and the Notincation in R.R. No.g3 dated 25.09.2013, 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.964S of 2O2t and 26353 of 2023) arc allowed, the condition that was imposed to the effeet that not to resort to further conveyance of the subject property is hereby recalted. The Registering Authorities are directed to make necessary changes in the records.

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[t is made clear that mere registration of the document does not confer title on ttle subject property and it is also made clear that this order would not have any bearing on att 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 [aw. There shatt be no order as to costs."

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Since the issues involved in this writ petition are simirar to those that have been considered by this court in the common order dated 22.o3.2o24 passed in w.P- Nos.g645 0t 202r and 26353 0f 2023 and lor the reasons a-like, this writ petition is allowed in terms of the common order dated 22.03.2024 passed in W.p. Nos.9645 of 2O2l and 26353 of 2023 by this Court.

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It is made clear that in the present writ petition this Court, while granting the interim order dated 26.02.2024, the condition stipulated to the extent of proceeding with further conveyance of the subject property except on obtaining required permission lrom this court is'ereby recalred

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and consequently, the Registering authorities are directed to mal'_'

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necessary changes in the records. There shail 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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