Allowed

Thalloju Hemanth v. The State of Telangana

Telangana HC8 Apr 2024WP/4892/2024

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the refusal to register a sale deed under Section 22-A of the Registration Act. The court held that the forbidden list notification was invalid as it did not comply with the procedural mandate of the Vinjamuri Rajagopala Chary case to publish an official Gazette notification for government lands. Accordingly, the petition was allowed, referencing

What did the court decide?

The writ petition was allowed. The challenged notifications under Section 22-A of the Registration Act, 1908 were declared illegal, arbitrary, and quashed. The Registering Authorities were directed to

Thalloju Hemanth Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[^32ss ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY, THE EIGHTH 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:4892 OF 2024

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Between:

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Thalloju Hemanth, S/o: Sri.T. Srinivas Rao, Aged about 23^years, Occupation: Pvt Employee, Ri/ o H No- 7-1-545, Kummara Basthi, Hyderabllrar,r,O"r*

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AND

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1 The State of Telangana, Rep. by its Principal Secretary^{(Stamps and} Registration), Secretariat, Hyderabad 2 The District Registrar, Medchal-Malkajgiri^District 3 The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri^District 4 The Collector, Medchal-Malkaigiri District 5 The Tahasildhar, Quthbullapur Mandal,^{ltiledchal-Malkajn'r,}

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_1,i*[3!O*DENTS

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Petition under Article 226 of the Constitution of^{lndiaprayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High Court maybe} pleased lo issue a Writ, Order or direction more^particularly one^{in the nature of} Writ of Mandamus declaring the^inaction of^{Respondent No.3 i-e. The Sub-} Registrar, Quthbullapur, Medchal-Malkajgiri^{District in recerving and registering the} Sale Deed presented by the^{petitioner in respectof all that the House No 29-086,} (PTIN 1151600690), with a plinth area of 1318 Sq.feet of^{A.C.C, land admeasuring} 230.0 Sq.yards ot 192.28 Sq.Mts,^{in SurveyNo.} .1 50, situated at Gandhi Nagar' Quthbullapur Village and Mandal,^{underGHlvlCCircle, Medchal-Malkajgiri District.,} on the basis of prohibitory list under^{section 22-A of RegistrationAct as per the 1.} Ranga Reddy District Gazette^{NotificationR.R. No.83,communicatedby Joint} collector, Ranga Reddy vide^{File No. E5/4730/2013/Quthbullapur/Quthbullapur,} dated 25-09-2013, 2. Deputy^{Collector and Tahalsrldhar QuthbullapurMandal, File} No. 8/583/2012, dated 17to2t2012^{and 3. Gazette Notification No. 134, dated10-} 03-2005 and G.O.Ms No.^{294, Revenue (Registration.l), 9rr' lvlarch2005} communicated by Commissioner^{andlnspector General (RevenueandStamps),} Hyderabad vide File No. G1/4661/2OO5'^{Dt.O210712005, as illegal, arbitrary,in}

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violation of Arlicles 14,21 and 300-4 of Constitution of lndia and also^{in violationof} Registration Act, 1908, besides in violation of Principles of Natural^Justice and consequently direct the Respondent No. 3 to receive and register^{the Sale Deed} presented by the petitioner in respect of House No. 29-086, (PTIN- 1 151600690), with a plinth area of 1318 Sq.feet of A.C.C, lapd admeasuring 230.0 Sq.yards or 192.28 Sq.Mts, in Survey No. 150, situated at Gandhi Nagar, Quthbullapur Village and Handal, under GHMC Circle, Medchal-Malkaigiri^{District.,withoutthe} reference of 1. Ranga Reddy District Gazette Notification R.R. No.^83, communicated by Joint Collector, Ranga Reddy vide File^No. ESl4T31l2ol3lQuthbullapur/Quthbullapur, daled 25-09-2013, 2. Deputy Collector and Tahasildhar Quthbullapur Mandal, File No. 8.158312012, dated 17-02-2012 and 3. Gazette Notrfication No. 134, dated 10-03-2005 and G.O.Ms No.294, Revenue (Registration. l), 9'r' tvlarch 2005 communicated by Commissioner and lnspector General (Revenue and Stamps). Hyderabad vide File No. G1/4661/2005, Dt:O2lOll2OO5

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit frlecl rn support of the^petition, the High Court may be^pleased to direct the Respondent No 3 to receive and register the Sale Deed^presented by the petitioner in respect of all that the House No. 29-086, (PTIN: 1151600690), with a plinth area of 131t] Sq.feet of A.C.C, land admeasuring 230.0 Sq.yards or 192.28 Sq-t,4ts, in Survey No. 150, situated at Gandhi Nagar, Quthbullapur Village and Mandal, under GHttIC Crrcle, Medchal-Malkajgiri District., without the reference of 1. Ranga Reddy Drstrict Gazette Notification R.R. No. 83, communicated by Joint Collector. Ranga Reddy vide File No. E5/4730/2013/Quthbullapur/Quthbullapur, dated. 25-09-2013, 2. Deputy Collector and Tahalsihhar Quthbullapur^[,4andal, File No. Bl5g3l2o12. daled 17-O2-2O12 and 3. Gazette Notification^{No. 134,} dated 10-03-2005 and G.O.Ms No. 294, Revenue^{(Registration.} l),gth^[,4arch 2005 communicated by Commissioner and^lnspector General^{(RevenueandStamps),} Hyderabad vide Frle No. G1/466'l/2005, Ol:O210712005^pending disposal of the Writ petition.

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Counsel for the Petitioner: SRI T. V. SRIKANTH Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

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r , I :

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

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W.P. No.4892 of 2o24

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ORDER:

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This writ petition has been filed^{challenging the action of} .the Registering Authorities in refusing^{to .egister the subject documents based} on the Gazette Notifrcation R.R.^{No.83,dated 25.09.2O13.}

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The learned counsel for the^{petitionerwould submitthat the subject} matter of this writ^{petitionis squarely covered by the common order dated} 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 further submit that rhis court,} while granting interim order dated^{28.04.2O2I in W.P. No-9645 of 2O2lh.ad} stipulated a condition not to^{resortto furtherconveyanceof the subject} property without leave of this Court^{and similarly in W.P.No.26353of 2023} this Court, while granting^{interim order dated22 09.2023, had prohibited} the parties from proceeding with^{further conveyanceof the property except} on obtaining required^{permissionfrom this Court.}

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It is further submitted that in^{the present\'rit petition this Court,} while granting interim order^{dated 26.o2.2O24, had directed the Registering} authorities to register the^{subject documentswith one of the conditions that} rhe parties are prohibited^{from proceedingwith furtherconveyance of the} property except on obtaining required^{permission from thisCourt} Subsequently, in pursuance^{ofsaid intcrim order, theRegistering} au[horities have registered the^{subject documents and as on today' on} bchalf of the respondents/Registering^{authority no counterhas been filed.}

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On the other hand, the^learned Assistant^{GovernmentPleader} 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^{perusedthe material} made available on record

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At this^juncture, it is signihcant to note that the Division^{Bench of this} Court vide its common order dated^19. LO.2O23^{passed in W.P. No.2830Oof} 2OO7 and batch had dealt with the^vaiidity of^{Section 22-A} of^{the Actas} incorporated in the Registration^{Act, 19O8and the Amended Act, 19 of 2OO7} with effect frorn 20.06.2007 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^recordand the submissions made by the learned counsel on either^side, it is essential and ncccssary 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 Notification in R.R. No.83, dated 25.O9.2O13, the subject lancls rtere notified under Section 22-A^(1)(a) for the^purpose of Section 22-A(l). lt is onl!' a notice given inviting objections and suggestions on the abovc 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 lands are Co!'ernment lands.

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Section 22 A {1) (c) of the Act manifests that any documents or class of documents pcr(aining to the properties, the State Government may, by notificatio pr ohibit thc rcgisrration in which avowed or accrued interests *€[ Central and Statc Go!.ernments, Local Bodies, Educational, Cultural,

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Retigious and Charitabte Institutions, those attached by^Ciwil, Criminal, Revenue Courts and Direct and lndirect Tax [,aws 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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"(2) For the purpose of Clause^(p) of sub-section^(1), the^State Government shall publish a notification after obtaining^reasons for^and futt description of properties furnished by the District Collectors conc-erned in the manner as may be^prescribed."

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tt is pertinent to note that in the case of Vinjamuri^RajagoPala Chary^(Supra) paras 156 had summarized and^issued directions.^{As per} the Clause (v) no notiarcation is contemplated under sub^{section (2) of} Section 22 A with respect to the^properties falling under^{ctauses (al to (d)} of sub-section (i) of Section 22-A. As^per Clause^{(vi), the properties} coverecl under clause^(e) of Section 22-A shall be notified^{in the ofhcial} Gazetre of the State Governments and shall be forwarded,^{alongwith the} list of properties, and a copy of the relevant^{notihcation/ Gazette,to the} concerned registering authorities under t]le^provisions of^{RegistrationAct} and shall also place the said notifrcationlGazftie on the^{websites o[ both} the State Governments.

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]'hc subject lands in these writ petitions as^per the^{Notification in} R.R.No.83 in File No.E5/4730 I 2OL3 | Quthbullapur/Quthbullapur,^dated 25.09 2013, lvhich according to the District^{Collectorwere classifiedas} Government lands and a Notihcation^{was issued callingfor} objections / suggestions before^placing for^{prohibitions-Section 22-A (l)(e)} and 12) stipulates that if any land is classified and^determinedas Governmenr land, the Government shall^publish an^{officialGazette} notification after obtaining^reasons for and full description^{of properties} furnishcd b-y the District Collector^concerned in the^{manner as prescribed.} In the case on hand, the respondents^have not^followed the^{provisions of} Sectron 22-A(l)(e)(2) and the^{guidelines issued} by the^{Full Bench in the} case ol vinjarnuri Rajagopala^{Chary(Supra)whereinat para 156 held} thar the atrrhorities are obliged^{to follow} Clause^(vi) for^{those properties} covered under Clause^(el of^{Section 22-A} of the Act,^{wherebysuchlands} Itave to be notified in the official^Gazette of the State.^{The Notillcationin} R.R No.83 dated 25.09.2013 communicated^{by the} Joint^{Collector.Ranga} Red.l\ 'rdc File No. E5 / 4730/^2013/ Quthbullapur/ QuthbullapLr r.^dated 25 09 20 t3. Deputv Collector and^Tahasildhar, Quthbullapur Mandal.^File

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{

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No.Bl5A3/201,2, dated 17.O2.2O12 and rhe Gazette Norification No.134, dated 10-03-2005 and G.O.Ms.No.292, Revenue (Registration-I), 9u March 2005 communicated by the Commissioner and lnspector General (Revenue & Stamps), Hyderabad vide File No.cl la66l l2OO5, dated O2-O7.2OO5 are not in accordance with the provisions of the Section 22-A (1) (e) and 22 (1]r(21 and also as per Clause ("t1 of tne guidelines issued in the case of Vinjarnuri Rajagopala Chary (Supra) and the same cannot be the basis for denying for registration of the subject properties.

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Further, the Tahsildar vide File No.B/583/2012, dated tZ.O2.2Ol2 had notihed the particular property as the Government tand and requested the Sub Registrar not to register any deed of conveyance. The District Collector on 25.09.2013 had issued preliminary notihcation calling for obJections and the said notification was found to be defective by this Court in W.P. No. 19069 ot 20t4 dated 25.08.2014.

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It is also pertrnent 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 clated 25.09.2013 the answering respondents have not taken any steps rn notifving rn the ofhcial Gazette of State Govemment in terms of the gurdeline No.(vi) issued by the Full Bench in the case of Vinjarnuri Rajagopala Chary (Supra).

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As such, the Norificarion in R.R No.83 in Fite No.E5/473O/2Ot3/ Quthbullapu^r/ Qu^{th bullapu} r, datcd 25.09.2013, is only a notice given for inviting objections an(l suggestions and this cannot be the basis for refusal for registration of the sub-ject properties. In view of the same, Gazette Notification in R.R. No.83, datecl 25.O9.2013, communicated by the Joint Collector. Ranga Rcrldr vide File No.E5/a730/2013/ Quthbullapur/^OaJu laramaram, datcd 25.09,2013, 2) Deputy Collector & Tahsildar Quthbullapur Mandal. F-rlc No.B I 5A3 / 20 12, dated 17.O2.2O12 and the Gazettc Notification No.134, dated 10.03.2005 and G.O.Ms.No.292, dated 09.03.2005 are not rn consonance to the provisions of Section 22-A of thc Rcgrstrarion Acr. l908 and 22-A(l)(e) and Clause (vi) of the guidelines and the sarnc c.Ilrnot be referred for the purpose of denying registration of the sub-jcct properties. Consequendy, reference made vide in File No E5 /.1730 / 20 13 / euthbullapur/Gajularamaram, and File No.E5/ 473Ol 2O l3 / Qu th bu llapur/e rrthbuttapur, dated 25.Og.2Ol3 and File No.B/5a3l20t2 clated I7.02.2012 of the Tahsildar, euthbullapur

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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 2O2l and 26353 of 2023 are allowed

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This Court oo 22.O9.2023, while directing the Registering authority to receive and process the document without reference to the letter dated 17.02.2012, and the Notillcation in R.R. No.83 dated 25.09.2O13, 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 ot 2021 and 26353 of 20231 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 necessary changes in the records.

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{

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[t 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 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 law. Thcre shall bc no o(ler as to costs.'

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Since the issues involved in this writ petition are similar to those that have been considercd by this Court in the common order dated 22-O3.2024 passed in W.P. Nos-9645 of 2O2l and 26353 of 2023 and for the reasons alike, this writ pctition 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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[t is m:rdc clear that in the present writ petition this Court, while granting thc interim order dated 26.02.2024, the condition stipulated to the cxtent ol proccccling with further conveyance of the subject property except on obtaining required permission from this Court is herebl' recalled

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and consequently, the Registering authorilies^{are directed tomake}

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necessary changes in 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.