Allowed

Patta Srikesava v. The State of Telangana

Telangana HC8 Apr 2024WP/4988/2024

Case brief

AI extract

What is this about?

A writ petition challenging the registering authority's refusal to register a mortgage deed based on a prohibitory list notification under Section 22-A of the Registration Act, 1908.

What did the court decide?

The writ petition was allowed; the notification cited for refusal was declared illegal and set aside; the petitioner was directed to register the document.

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

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[^32ss ]

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HIGH COURT^{FORTHE STATEOF TELANGANA} AT HYDERABAD (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:4988 OF 2024

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Between:

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Patta Srikesava, Wo Sri.Patta Eswara Rao, Aged about 28 years, Occ. Houe Wife. Resident of H No. 1-190, Bus Stop Vadda, Gogannamattam, Mamidikuru Mandal, East Godavari District, Andha Pradesh.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad

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The District Registrar, Medchal-Malkajgiri District

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The Sub-Registrar, Quthbullapur, Medchal-lrtlalkalgiri District

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The Collector, Medchal-Malkajgiri District

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The Tahasildhar, Quthbullapur Mandal, Medchal-Malkain,r,

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_?';,I3,"O*DENTS

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Petition under Article 226 ol 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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondent No.3 i.e.. The SubRegistrar, Quthbullapur, Medchal-Malkaigiri District in^{receivrng and registering the} Deed of Mortgage without Possession^presented by the^{petitionerin respect of all} that the Residential House No. 42-474141A,^(PTIN No.^{1291803954, with plinth} area of 600 sft., (ACC), land admeasuring 80.0 Sq^yards, or 66 88Sqlvltrs.,in SurveyNo- 348/1 , situated at Anjaiah Nagar, Jagathgirigutta, Quthbullapur^Village and Mandal, Medchal-Malkajgiri District, Telangana State., on the basis of prohibitory list under section 22-A of Registration Act as per the 1. Ranga Reddy District Gazette Notification R.R. No.83, communicated by Joint Collector,^Ranga Reddy vide File No. ESl4T30l20l3lQuthbullapur/Quthbullapur, dated 25-09-2013, 2. Deputy Collector and Tahalsildhar Quthbullapur lVlandal, File^{No. 8158312012,} dated 17-02-2012 and 3. Gazette Notification No.^.134, dated^{10-03-2005and} G.O,tvls No. 294, Revenue^{(Regiskation.} l), 9th March^{2005communicatedby} Commrssioner and lnspector General (Revenue and Stamps),^{Hyderabad videFile} No. G1/4661/2005, Dt. O2-O7-2OO5, as 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 Justrce and consequently^direct the Respondent No.3 to rec€ive and register the Deed of^{lvlorgagewithout} Possession presented by the^petitioner in respect of Residential^{HouseNo. 42-} 474141A, (PTIN No. 1291803954, with plinth area of 600 sft..^(ACC),land admeasuring S0.0 Sq yards., or 66.88Sq lvltrs.,in Survey No.^348/.1 ,^{situated at} Anjaiah Nagar, Jagathgirigutta, Quthbullapur Village and^{h/andal,Medchal-}

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Malkajgiri District, Telangana State., without reference of^{1. Ranga Reddy District} Gazette Notification R.R. No. 83, communicated^{by Joint Collector, Ranga Reddy} videFile No. E5/4730/2013/Quthbullapur/Quthbullapur, dated^{25-09-2013,2-} Deputy Collector and Tahasildhar Quthbullapur^{Mandal,File No. 8158312012,} dated 17-02-20.12 and 3. Gazette^{Notification No. 134, dated 10-03-2005and} G.O.Ms No. 294, Revenue^{(Registration.l), 9th March 2005communicatedby} Commissioner and lnspector General^{(Revenug and Stamps), Hyderabadvide File} No. G1/4661/2005, Dt. 02-07-zOOs

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^{prayingthat in the circumstances statedin} the affidavit frled in support of the^{petition,the High Court may be pleased to direct} the Respondent No.3 to^{receive and registerthe Deedof Mortgagewithout} Possession^presented by the^{petitioner in respectof all that the ResidentialHouse} No. 42-474t4tA,^(PTIN No. 1291803954,^{with plinth areaof 600 sft., (ACC)' land} admeasuring 80.0 Sq^yards., or 66.88^{Sq lvltrs.,in Survey No. 348/1 . situatedat} Anjaiah Nagar,^J agathgirigutta, Quthbullapur and^{Mandal,Medchal-Malkajgiri} District, Telangana Stale., without reference of^{1. Ranga Reddy DistrictGazette} Notificalion R.R. No. 83, communicated by^{Joint Collector, Ranga Reddy videFile} No. E5/4730/2013/Quthbullapur/Quthbullapur,^{dated.25-09-2013,2. Deputy} Collector and Tahalsildhar Qulhbullapur^{Mandal, File No. 8/583/2012,dated} 17-02-2012 and 3 Gazette^{NotificationNo. 134,dated10-03-2005 and G.O.Ms} No. 254. Revenue^{(Regrstration.} l),^{gth March} 2005^{communicatedby} Commissioner and lnspector General^{(Revenue and Stamps), Hyderabadvide File} No. G1/4661/2005, Dt. 02-07^-2OOSpending 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}

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The Court made the following: ORDER

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-7

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THE HONOURABLE^{SRI JUSTICE N.V. SHRAVAN KUMAR} w.P. No.4988 of 2o24

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ORDER:

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This writ petition^{has been llled challenging the action of the} Registering Authorities^{in refusingto register the subject documentsbased} on the Gazette Notiftcation^{R'R.No'83, dated 25.O9.2O13}

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The learned counsel^{f<rr 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.9645of 2O2l and W PNo'26353of 2023} by this Court. The^{learned counsel would further submit that this Court'} while granting inrerim order^{dated 28.04.2021in W.P. No.9645 of 2O21 had} sripulated a condition^{not to resortto further conveyanceof the subject} properry without leave of this court^{and similarly in w.P. No.26353ol 2023} this Court, while^{granting interim order dated22 09 2023, had prohibited} the partics [rom^{proceedingwith furtherconveyanceof the propertycxcept} on obtaining required^{permissionfrom this Court'}

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lt is furthcr submitted^{that in the presentwrit petition this Court'} whrle granring interim order^{dated26.02.2024, had directed the Registering} authoritics to register^{the subject documentswith one of the conditionsthat} the parties are^{prohibited from proceedingwith furtherconveyanccof Lhe} property cxcept on^{obtaining required permission from thisCourt'} Subsequently, in^{pursuance of said interim order, theRcgistering} authoritics havc^{registeredthe subject documents and as on today'on} behalfot the res pondents /^{Registeringauthority no countcrhas becn filed'}

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l I

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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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5 Heard the learned counsel on either side and perused the material made available on record

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6' At this juncture, it is signirrcant to note that the Division Bench of this Court vide its common order dated Ig.lO.2O23 passed in W.p. No.2g3OO of 2007 and batch had dealt with the validity of Section 22-A of the Act as incorporated in the Registrarion Act, rgog and the Amended Act, 19 of 2oo7 with effect from 20'06.20o7 and had upherd the varidity of the Section 22-A of the Act.

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7 Having gone through the material made available on the record and the submissions macle bv the learned counsel on either side, it is essential and l,reccssan t() cxcerpt the relevant para Nos.23 to 32 of the common order datcd 22.03.2024 passed in W.p. Nos.964 S of 2O2l and 26353 of 2023 l:y this Court, u,hich reads as under:

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"23. Frorn a lrcrusal of rhc Norification in R.R. No.g3, dated 25.Og.2O13, the subJcct lands rrcre notilicri undcr Sectron 22_A (lXa) for the purpose of Sectron 22 A(l). It rs onh a notice given inviting objections and suggestrons on the abovc prol.rosal from all persons who are likely to be affected thereb\ [or bcing takct] rnto consideration by the Government. The details oi the properties rnenrioncd in the annexure states that the subject Iands are Go\ernmcnt lan(ls.

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24 Sccrron 22 n (l) (el of rhc A.r manifests that any documents or class of docunrerrts l)ertailting lo tl)c I)r opcrttes, the State Government may, by notl[ication prohibit the regrstrallor] irr $.hich avowed or accrued interests o[ Ccntral and State GoverDrncnls, t,ocal Bodies, tiducational, Cultural,

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---raa

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Retigious and Charitable^{lnstitutions,thoseattachedby Civit' Crirninal,} Revenue Courts and Direct^{and Indirect Tax lawsand others whichare} likely to adversely affect^{these interest.}

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Section 22-A⁽²¹ reads as under;

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"l2l For the purpose of Clause (/e) of sub-section (1), the State Government shall pubtish a notification after obtaining reasons for^and full description of properties furnished by the District Collectors concgrned in the manner as may be Prescribed."

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25 It rs pertinent to note that in the cas€ of Virjamurl 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 !+.ith respect to the^properties falling under^clauses(a) to^(d) of sub-section⁽¹¹ of Section 22-A. As per Clause^(vi), the^properties covercd under clause^(e) of Section 22-A shall be notified in the official Gazetre of the State Governments and shall be forwarded, along with^the list of properties, and a copy of the relevant notification/ Gaz ette, to^the concerned registering authorities under the^provisions of^{RegistrationAct} and shall also place the said notification/Gazette on the^websites of^both the Statc Oovernments.

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Thc subject lands in these writ petitions as^per the Notificationⁱⁿ R.R.No.83 rn File No.E5/4730l2Ol3l Quthbullapur/ Quthbu llapur,^dated 25.09.20 13, rvhrch according to the District Collector were classified^as Govcrnrnent lands and a Notification was issued calling^for ob;ectror'rs/suggestions before placing for prohibitions. Section^{22-A (1) (e)} and (21 strpulates that if any land is classfied and determined^as Governntcnt land, the Covernment shall publish an ofhcial^Gazette notificatron aftcr obtaining reasons for and full description^{of properties} furnishccl b\ the Distnct Collector concemed in^{the manner as prescribed.} In the t'ase on hand, the respondents have not^followed the^{provisions of} Section 22-A( l)(e)(2) and the^guidelines issued by^{the Full Bench in the} case of Vinjamuri Rajagopala Chary^{(Supra)whereinat para156held} that thc authorities are^obliged to follow Ctause^(vi) for those^properties co!'ered Lur(lcr Clause^(e) of Section 22-A of t}:e Act, whereby such^lands have to bc rrotrlied in^rhe oflicial Gazette ofthe State. The Notlficationⁱⁿ R R No.83 darc<l 25.09.2013 communicated by the Joint Collector,^Ranga Redclr ',.irlc I;rle No E5 /⁴⁷³⁰ / 2O t 3 / Quthbullapur/ Qu thbullapu r, dated 25.09.2013; Deputv Collector and Tahasitdhar, Quthbuuapur Mandal,^File

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No.Bl583l2Ol2, dated t7.O2.2O12 and the Gaz€tte Notification No.134, dated 10.03.2005 and G.O.Ms.No.292, Revenue (Regisrration-l), 9rr, March 2005 communicated by the Commissioner and tnspector Ceneral (Revenue & Stamps), Hyderabad vide File No.Gl/4661 l2OO5, dated O2.O7.2OOS are not in accordance with the provisions of the Section 22_A (1) (e) and 22 (lll2l and also as per Clause]vi) of the guidelines issued in the case of Vlnjamuri Rajagopala Chary (Supra) and the same cannot be the basis for denying for regisrration of rhe subject proF,erties.

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Further, the Tahsildar vide File No.8/583/2012, dated 17.O2.2Ot2 had notified the particular property as the Government land and requested the Sub-Registrar not to regisrer any deed of conveyance. The District Collector on 25.09.2013 had issued preliminary notihcation calling for objections and the sard nolrilcarion u,as found to be defective by this Court in W.P No. 19069 of 2O l+ daled 2S.08.20I4.

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It is also pertinent to note thar rn thc counter filed in W.p. No.26353 of 2023 prohibiting transfer/rcgisrration that subsequent to the Notification in R.R. No.83 clarcd 25 09.20l3 rhe answering respondents have not taken an. stcps rn r)orrl\ r s in the official Cazette of State Govemment ln terms oI the gurclclrnc No (r.r) rssued by the Full Bench in the case of Vlnjamuri Rajagopala Chary (Supra).

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As such, the NoLificarron rn It.R No.83 in File No.ES/423O/2013/ Quthbullapur/ Q uth bu llapu.,^(lale(t -2:0q.2013, rs only a notice given for inviting objecrions .rn(l susgcslrerrs ;ur(l lhis cannot be the basis for refusal for regislratlon o[ the sul)lc(.1 l)roperties. In view of the same, Gazette Notification in R R No 83. (ialc(l 25.09.2013, communicated by the Joint Collecror, Ranga Rt:rt<tr rirte File No_ES /aZ30 /2013 / Quthbullapu^r/ Gaj^u lararna ram. clarcrl 25.O9.2013.2) Depury Coltector & Tahsildar Quthbullaprrr t\4anrlat, I.ilc \o 8/583/2012, datcd 17.O2.2O12 and the Gazettc Notrfication No. l.l 1, dated 1O.03.2OOS and G.O.Ms.No.292, clated 09.03.2005 a[e not in consonance to the provisions of Section 22 A ot t]ne Registrarion Act. I908 and 22-A(1)(e) and Clause (vi) of the guidelines and rhe same c:rr)Iol l)e rcfcrred for the purpose of denying registratlolr of thc sut)iecl l)r.()l)(,rties. Consequently, reference made vide in Filc No. lj5 i -1730 / 20 1 J,, err t lrbullapur/Gajularamaram, and File No.E5/4730l20 l3/eurhbullapLrr/'eLrrht)ullapur, dated 25.09.2013 and File No.Lll583,2C,12 clared 17.O2.20 t2 of rhe Tahsrldar, euthbullapur

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Mandal, are declared^{as illegal,arbitrary andbad in law and arehereby} set aside

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30 Accordingly,^{W.P. Nos.9645ot 2021 aod 26353of 2023 areallowed'}

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This Court on^{22.09 -2023, while directing theRegisteringauthority} to receive and^{processthe documentwithguireferenceto the letter dated} 17.02.2012, and the^{Notificationin R.R No 83 dated 25 09 2013' had} directed the^{petitionernot to resort to furtherconveyance 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 2O2land 26353of 20231 arc} allowed, the condition^{that was imposed to the effect that not to resortto} further conveyance^{of thesubject propertyisherebyrecalled} The Registering Authorities^{aredirectedto makenecessarjr changesin the} records.

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It is made clear^{thatmere registrationof the document does not} confer title on^{the subject property and it is also madeclear tllat this order} would not have an1'^{bearing on all those matters wheretitle/riShtsof the} parties are pending before the^{authoritieseither in revision/ appeals for} adjudication anci^{rn ant other casethisorder also does not preclude the} parties in asserting their^{rightsbefore acomPetentCourt oflaw'} Therc shall be^{no order as to costs."}

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8.Sincetheissuesinvolvcdinthiswritpetitionaresimilartothosethat have been considcred^{b.r,' rhis court in the commonorder dated 22.03 -2024} passed in W-P.^{Nos.9645ctf 2O2l and 26353 of 2023 and for the reasons} alike, this u'rit^{pelition is allowedin terms of the common order dated} 22.03.2024^{passedin W P. Nos.9645 of 2O2l and 26353of 2023 by this} Court.

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g . I t is made clear^{that inthe present writpetition this Court'} while granring the^{interimorder dated 26 02 '2024, the conditionstipulated} to the extcnr^{ol proceedingwith [urtherconveyanceof the subjectproperty} excepL on obrainrng^{rcquired permission from this Court is herebyrecalled}

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a',d consequently, the Registering authorities are directed to make

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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.

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SD/. MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR

//TRUE COPY/I

SECTION OFFlCER

To 1. The Principal Secretary (Stamps and Registration), State of Telangana, Secretariat, Hyderabad

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The District Registrar,^{[Vledchal-tvlalka.igiriDistrict}

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The Sub-Regisfrar, Quthbullapur,^{lvledchal-tvlalkajgiri District}

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The Collector, Medchal-Malkaigiri^Dtstrict

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The Tahasildhar, Quthbullapur^{t\ilandal, Ivledchal-Malka.igiri District}

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One CC to Sri T.V.Srikanth,^Advocate [OPUC]

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Two CCs to GP for Stamps and^{Registration,Hrgh Court for the State of} Telangana at Hyderabad [OUT]

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B. Two CD Copies

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(Along with a copy of the Orders dated^{2210312024 in WP Nos.9645 of 2021} and 26353 o'f 2023)

Ki.

GJP A

HIGH COURT

DATEDiOBlO4l2024

ORDER

WP.No.4988 ol 2024

,.<br>

:ir'1
i.iLT ,
L
,,. I :t,t€

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ALLOWING THE WP WITHOUT^COSTS.

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l,avsK, J w.P, No.,9645 oa2O2l ed 26353 of2023

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

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W.P. Nos. 9645 of 2O2l aod' 26353 of 2o23

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COMMON ORDER:

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Since the issues involved in these writ^{petitionsare common for} consideration they are being^{disposed of by this common order.}

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2 W.P. No.9645 of 2O2l has^{been filedseeking a writ of mandamus to} declare the action of the^{3'd respondent i.e., Sub Registrar,} Qutbullapur, Medchal-Malkajgiri District, in^{refusingto receiveand register the sale deed} presented by the petitioners in respect^{of propertyHouse bearing No.03-022,} and Plot bearing No.O3-022/NR,^{with a plinth area of 435 sq.fts.,} Commercial and 40O sq.fts.,^{Residential in GroundFloorand 835 sq'fts.,on} first floor, thus totally 435^{sq.fts., Commercial in Ground Floor and 1235} sq.fts., residential in Ground^{and hrst floors,on Plot No.1034,and land} admeasuring 142 sq.yds.,^{covered under Block No.3 and Ward No.l, in} Sy.No.1O7, situated at^{Weaker SectionHousing Colony, SuraramColonyof} Suraram village, Quthbullapur^{Mandal,and Municipality,underGHMC,} Medchal-Malkajgiri district^{(hereinafterreferredto as "the subject propertyl} basing on prohibitory list^{underSection 22-Aof Registration Act as per the} 1. Ranga Reddy District^{Gazette Notification R.R.No.S3,communicatedby} Joint Collector, Ranga^{Reddy vide File No.E5/473O} /2Ol3lQuthbullapur/ Nizampet dated 25.09.2073,^{2. Deputy Collector & Tahsildar Quthbullapur} Mandal, File No.B/583 /2072,^{d.ated17.o2.2O12 and 3. GazetteNotification} No.134,dated10.O3.2O05andG.O.Ms.No.292,Revenue(Registration'I), gth March 2oo5 communicated by commissioner and Inspector^General (R&S),HyderabadvideFileNo.Gl/4661/2OO5,dated02'O72O05,isillegal,

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w.P. No..9645 of 202t a.d 26353 ol2023

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arbitrary, in violation of Articles 14,21 ar.d 30O-A of Constitution of India and also in violation of Registration Act, 1908 besides in violation of principles of natural justice and consequently direct the respondent No.3 herein to receive and register the sale deed presented by the petitioners, in respect of the House bearing No.O3.022, and plot bearing No.03-O22/NR, with a plinth area of 435 sq.fts., commercial and 4OO sq.fts., residential in ground floor and 835 sq.fts., in first floor, thus totally 435 sq.fts., commercial in ground floor and 1235 sq.fts., residential rn ground and hrst floors on plot No.1034 and land admeasuring 142 sq.yds., covered under Block No.3 and Ward No.107, situated at Weaker Section Housing Colony, Suraram Colony of Suraram Village, Quthbullapur Mandal and Municipality, under GHMC, Medchal-Malkajgiri district.

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W.P, No.26353 of 2o23 has been liled seeking a writ of mandamus questioning the action of the respondent No.3, Sub-Registrar, Quthbullapur, Hledchal-Ma,lkajgiri in not receiving and registering the sale deed presented by the petitioner in respect of ail that the House No.28-169 / 4 /2 / 7 (PTIN No.1151601839), with plinth area of 450 Sft., of RCC in ground floor and 45O Sft-, of RCC in first floor, thus the total plinth are is 90O Sft., (G+1) of RCC admeasuring 100 square yards or 83.67 sq.meters (covered under Block No.28) in Survey No. 151, situated at Maruthi Nagar of Quthbullapur village and Maldal, under GHMC Quthbullapur Circle, Medcal-Malkajgiri district, Telangana State (hereinafter referred to as 'the subject property') on the basis of prohibitory list under Section 22-A of the Registration Act, 1908 as per the 1. Ranga Reddy District Gazette

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it 25353 ol 2023

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Notification R.R. No.83, communicated^{by Joint Collector, Ranga Reddy vide} File No.E5la730 /20 13/ Quthbullapur/ Quthbullapur^{dated 25.O9.2O13,} 2. Depuqy Collector & Tahsildar Quthbullapur^{Mandal,File No.B/583} l2Ol2, dated 17.O2.2O12 and 3. Gazette^{NotificationNo. 134, dated10.03.2005and} G.O.Ms.No.292, Revenue^{(Registration.I)} ,^{9th March 20O5 communicated by} Commissioner and^{inspector General (Revenue& Stamps), Hyderabad vide} File No.G1/46 6I l2OO5, dated^{02.O7.2OO5, as illegal, arbitrar5r,in violation} of Articles 74, 2l and 3O0-A^{of Constitutionof India and aiso in violation of} Registration Act, 19O8^{besides in violation of principlesof natural justice} and consequently direct the^{respondent No.3 to receive and register the} subject property without reference^{to the Gazette No.83.}

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Brief facts of the case^{in W.P. No.9645 of 2O2L are that the vendorof} the petitioner is the^{absolute owner and possessorof the subject property} and having purchased the^{same throughregisteredsale deed bearing} document No.745l /2012,^{dated 12.O7.2021,thepetitioner andhis} predecessors are in the title and^{in peacefulpossession,withoutthere being} any interference from^{any quarter. It is submittedthat the petitioner has} prepared the sale deed and^{also paid Challanon 18.02.2021arld the same} was presented before the^{3'd respondent forregistration,butthe} 3.d respondent has^{refused to receive and registerthe same on the ground} that the subject^{propertyis located in Sy.No. 107, situated at weakerSection} Housing Colony, Suraram^{Colonyof Suraram village, QuthbullapurMandal} and Municipality, under^{GHMC, Medchal-MalkajgiriDistrict, which is under}

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Xe$tf&ryx;:i*.a4*rii:^,p.XX&+'- { "|Q'.^.{$$f,." , tG

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.t ti.. .. i.i.t 'a-,,'i.. i4q&4.&,it{at =;

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.r. . .11

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I{VSK. J 5 W.P. fio!.9645 of 202I aEd 26353 ot 2023

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prohibitory list as per the Section 22-A of the Registration Act, basing on the following information:

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"1. The property is Government [and, notified as prohibited property t/ s 22-A of Registration Act as per the Ranga Reddy District Gazette Notification R.R.No.83, Communicated by Joint Collector, Ranga Reddy vide File No.E5/473O /2013 / Quthbullapur/Nizampet,^{dated 25-09-2013.}

¶108

Deputy Collector & Tahasildar Quthbullapur Mandal, File No. B/583 /2012, dated 17 -O2-2O12.

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Gazette Notification No. 134, dated 1O-03-2005 and G.O.Ms.No.292, Revenue (Registration.I), 9th March 2OO5 communicated by Commissioner and Inspector General (R&S), Hyderabad Vide File No.Gl/4661 /2005, Dt.O2-O7-20O5."

¶110

Challenging the said action of the 3.d respondent, the^petitioner filed the present writ petition.

¶111

Brief facts of the case in W.P. No.26353 of 2023 are that the petitioner is the absolute owner and possessor of the subject property having purchased the same vide sale deed Document No.4914 of 2OO7, dated 22.03.2007, registered at SRO., Ranga Reddy. It is submitted that due to his family necessities has offered to sell the subject propert5r to the prospective purchaser and having come to know about the same, the prospective purchaser approached and expressed his willingness to purchase the said property and upon offer and acceptance, both the parties have agreed to go further and entered into sale agreement and presented the same for registration before the respondent No.3 on 12.09.2023 but the respondent No.3 has refused to receive and register the sale deed on the

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6 w.P. tto.-9645 or2o2l inir 26X53 oI2023

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ground that the subject property is located in Sy.No.151, situated at Maruthi Nagar of Quthbullapur village and Mandal,^{under GHMC} Quthbullapur^{Circle,Medchal-MalkajgiriDistrict,as per the listin} Notification R.R. No.83, dated 25.O9.2013,^{which is under prohibitory list as} per the Section 22-A of the Registration Act, based on the^following information.

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"1. The propert5r is Government land,^{notifred as prohibited} property o/s 22-A of Registration Act as per the Ranga Reddy District Gazette Notification R.R.No.83, Communicated^by Joint Collector, Ranga Reddy^{vide File No.E5/473O} 12013 / Quthbullapur/Quthbullapur,^{dated25-09-2O13.}

¶115

Deputy Collector & Tahasildar Quthbullapur Mandal, File No. 81583/2072, dated 17-02-2012.

¶116

Gazette Notihcation^No. 134, dated^{1O-O3-20O5and} G.O.Ms.No.292, Revenue^{(Registration.I),9th March 2005} communicated by Commissioner and lnspector^{General(R&S),} Hyderabad Vide File No.Gl /4661/2005,^{Dt.O2-O7-2OO5."}

¶117

Challenging the said action^{of the 3'd respondent,the petitioner filed} the present writ petition.

¶118

COUNTER FILED IN^{W.P. No.26353 of 2023:}

¶119

On behalf of the respondent^{No.3 inW.P. No.26353 of2023,} while denying the writ averments,^{counter affidavithas beenfied, inter alia,} stating that on verification of^{the prohibitorywatch register, the land} bearing in Sy.No. 151, situated^{at Mar-uthiNagar of} Quthbullapur^{village and} Mandal, under GHMe Quthbullapur^{Circle,Medchal-Malkajgiri.District,}

¶120

'all.: j a, l!,(^- '|l&xx.''''.:rXttxr,-:''1,.'t+',!..' :-&r; l!-f;&,i

¶121

.--11.r \

¶122

wxite!.:i:.;'."11-,'^-;?%&s*''-.

¶123

NVSK, J W.P Nor.9645 or2021 ud26353 oI2023

¶124

¶125

is classihed as Government land, as such it is prohibited for registration under Section 22-A of the Registration Act, 19O8 as per the foliowing records.

¶126

a) "Ranga Reddy District Gazette notification R.R. No.83 communicated by Joint Collector Rangareddy vide File No-E5 / a730 / 20 1 3 / Quthfullapur/ Quthbullapur, dated 25.09.2O 13.

¶127

b) Deputy Collector and Tahsildar, Quthbullapur Mandal File No.B/583 /2012, dated 17.O2.2O12 arrd

¶128

c) Gazette Notification No. 134, dated 10.O3.2OO5 and G.O.Ms.No.292, Revenue (Registration.I), 9th March 2005 communicated by Commissioner and Inspector General (Registration & Stamps), Hyderabad vide File No.Gt / a661 / 2005, dated 02.o7.2oO5."

¶129

It is submitted that in pursuance to the interim direction passed by this Court oo 22.09.2023 in the writ petition, the subject property in the writ petition was registered vide Document No.26459/2O23 registered at SRO, Quthbullapur. It is further submitted that in the interim order dated 22.09.2023 passed by this Court, reference of Civil Appeal No.4223 of 2018 and batch has been taken whereunder the Hontrle Apex Court directed that the Registration may go on pending the writ petition challenging the validity of Section 22-A of the Registration Act. As the validity of the Section 22-A of the Act is upheld by the Division Bench of this Court vide its order dated 19.10.2023 in W.P. No.283O0 of 2OO7 arrd batch, the interim order passed by this Court on 22.09.2023 will no longer survive, as such, prayed to

¶130

Iravsr( J W.P, No..9645 of2o2l Erd 26X53 ol2023

¶131

¶132

vacate the interim order dated 22.09.2023 and consequently sought to dismiss the writ petition

¶133

SUBMISSIONS OF THE LEARNED COUNSEL^{FOR THE PETITIONER:}

¶134

The learned counsel for the^{petitionerwould submit that the above} reasons shown by the 3'd respondent for^refusing to^register the^subject property appears that the authorities^{have incorporated the subjectproperty} in the prohibitory list under Section^22-A of the^{Registration Act without} following due process of law.

¶135

1 1. It is further submitted that^{the subject propertyis privatepatta land} but for the reasons best known to^{the authoritiesfor includingthe subject} property in the prohibitory list !s badⁱⁿ law.^{It is furthersubmittedthat the} respondents' authorities have^failed to^{take note that the subject property} had already been converted^{into plots long back and almost the entire area} was converted into residential^colony.

¶136

It is further submitted that^{the authoritiesare refusing to receiveand} register the subject document based^{on a Gazettenotification issued in the} year 2OO5, which was struck down^{by this Court in W.P- No- 14O99of 2OO3} while placing reliance on the^{judgment renderedby the Hon'bleSupreme} Court in the case of State^{of Rajasthan and others Vs. BasantNahatar} and thereafter, the Government^{has issued a freshnotihcation underthe Act} 19 of 2OO7, therefore^{refusal for registration of the subject property on the} ground of 2005 notification is bad^{in law and the same is held by this Court}

¶137

'^{zoos (o) ntt E: (sc)}

¶138

-..--.-:.t-.

¶139

I{VSK, J W-P no3.9645 of2021 ard,26333 oJ 2023

¶140

¶141

in the case of T.Yedukondalu vs' The Principal Secretary^to Government2.

¶142

It is further submitted that the Government Orders, which are relied on by the respondent No.S in rejecting for registration of the^subject property is G.O.Ms.No.786, dated 09.11.1999, which stipulats prohibition of registration of documents on the ground that they are opposed to public policy therefore the present case of the petitioner is also covered by the above said issue. It is further submitted that the acts of the respondents in including the subject property in the prohibitory list published under Section 22-A of the Registration Act vide G.O.Ms.No.280 to 296, dated 1O.O3.20O5, vide File No.Gl/4661/2005, dated 02.O7.2OO5, Gazette Notifrcation No.134, dated 10.O3.20O5 is illegal and arbitrary and in violation of Articles 14, 2l and 30O-A of the Constitution of India and that the action of the 3.d respondent in refusing to receive and register the subject property basing on the Notification vide R.R.No.S3, issued by the Collector, Ranga Reddy District, is bad in iaw as he is not competerrt to issue such notification or directions to the 3.d respondent office.

¶143

The learned counsel for the petitioner would further submit that in similar circumstances, this Court in W.P. No.1133O of 2Oi9 and in W.P. No.16899 of 2O19 directed the authorities to register and release the documents,

¶144

'zott 1+1^{nLo +3}

¶145

II'USK. J c/.P. 6..9645 ol2O21 rnit 26353 ol 2O2l

¶146

¶147

On the other^{hand,the learned GovernmentPleader for Stamps and} Registration appearing^{for the respondents whilereiterating the counter} avermentswouldsubmitthattheDivisionBenchofthisCourtin w.p. No.2830O ot^{2007 and batch wherein the vatidityof the Section 22-A of} theActhasbeenchallengedvideorderdatedlg.l0.2o23passedorder validating the Section^{22-A of the RegistrationActHence, he sought to} dismiss the^writ Petition.

¶148

INTERI M ORDERS:

¶149

16.FromaperusaloftheproceedingsinWP'No'9645of2021'thisCourt on28.O4.2021,^{passedthe following interimorder:}

¶150

"Heard learned^{counselfor the petitioner, learned} Government^{Pleader forRevenue andlearnedSpecial} Government Pleader^{appearing for learned Advocate General'}

¶151

Post along with^{w.P.No.4236 of 2O2l'}

¶152

The deed of conveyance^{presented by the petitioner in} respect of House^{bearingNo.O3-022and Plot bearing} No.O3-O22 NR^{with a plinth area of 435 sq' feet commercial} and 400 sq. feet^{residentialin ground floorand 1235sq feet} residential in^{ground and firstfloors on Plot No I034 and land} admeasuring^{142 sq. yards covered under Block No 3 and} Ward No.l in Survey^{No. 107 situatedat WeakerSection} Housing Colony,^{Suraram Colonl, ofSuraram Village'} Quthbullapur^{Mandaland Municipality, under GHMC'} Medchal - Ma.lkajgiri^{District,was refused for registrationby} referring to File No.ES l^{47 30} l2O¹³ / Quthubullapur/ Gajularamaram,^{dated,25.09.201 3, File No B/ 583 / 2O I 2 dated} 17 .O2.2O12 of^{the Tahsildar,} Quthubutlapur^{Mandal' Gazette} Notiflcation No.134,^{dated1O.03'2O05, and G O Ms No'292'} dated 09.03.2005.

¶153

a.or*.a:,$of iEi$4i5r;.8iffi

¶154

lrvsK, ., VI.P. No..9645 of^{2O2t an.t26353 ot 2023}

¶155

¶156

According to learned^{counselfor thepctitioner,} the Gazette Notification^{was set asideby the Division Benchof} this Court in^{judgment,dated' 07 -12.2005,in W P No I 4099 of} 2OO3 and batch. Though after^{this judgment, Section22-A of} the Registration Act, 1908^{wasamended,nofurther} notification was issued as required^{by the Registration Act'} However, on 25.09.2013, the^{District Collectorissued} preliminary notification calling for^objections This notification was found to be^{defective by this Court in} W.P.No.19O69 of 2014, dated 25 O8'2O14' The letter dated 17 .O2.2A12^{v;as issued by the Tahsildar} notifying the particular^{propertyas the Governmentland and} requesting the Sub-Registrar not^{toregister any deed of} conveyance.

¶157

Having regard to declaration^{given by the Full Benchof} this court in Vinjamuri Raiagopala^{Charyv, State of Andhra} Pradesh [2()16 (1] ALT 55O^{(FBll, the authority competent to} notify is the District Coliector.

¶158

This clearly shows that there^{was no applicationof} mind by the revenue authorities^{and by the Sub-Registrar in} rejecting the document for registration.^{On this issue,several} writ petitions are hled. Though, they are^{glaring, so far the} Government has not applied its mind^{and measures are put in} place to streamline registration process affecting^citizens

¶159

Subject to further consideration of^{the issueafterthe} judgment of the Hon'ble Supreme Court in Civil Appeal No/223 of 2O18 and batch, the^{provisions of Section22-A of} the Registration Act and the orders^{issuedby this Court in} various writ petitions, by way of interim^order, the respondent-registration authority is directed^{to receive and} process the document, without reference to the letter dated 7.7.O2.2012, and the Gazette Notification, dated 25.09.2O13, subject to compliance of provisions of the Indial^Registration Act, 19O8 and Indian Starnp Act, 1899 and to ascertain^the

¶160

r{vsl( J v.P. Lo.,96,³ of2o2r^{.E.r 26s54or2023}

¶161

¶162

status of land, as reflected^{in the revenue records lf the deed} of conveyance complies^{with all the requirementsand thereis} no embargo in accepting^{the documentfor registration'} the Registering Authority^{shall register and release the} document. However,^{any such actionihall abide the result of} the writ petition. Further,^{petitioner is'directed not to resort to} further conveyance of^{the subjectp'ropertywithoutleave of} this Court."

¶163

From a perusal of the^{proceedings in W'P' No'26353of 2023'} this Court oo 22.09.2023,^{pAssed thg following interim order:}

¶164

"Notice before admission.

¶165

Learnedi Assistant^{Government Pleader for Stamps and} Registration #aives^{notice for Respondent Nos l to 5'}

¶166

Heard Sri^{T.V.Srikanth,Iearned counselfor the Writ} Petitioner as well^{as Sri B.Dileep Kumar, learned Assistant} Government Pleader^{for Stamps and Registration, whois} representing Respondent^{Nos.l to 5-}

¶167

This Writ Petition^{is hled seeking the Court to declare} the inaction of^{the 3'drespondenti'e,Sub-Registrar,} Quthbutlapur^{Mandal, Medchal-Malkajgiri District,in} ieceiving and registering^{the Sale Deed presentedby the} petitioner in respect of^{HouseNo.2a-rc9/4/2/1,admeasuring} 100.0 Sq.yards,^{located inSy.No.151(Covered under Block} N0.28) of Maruthi^Nagar, Quthbullapur^{VillageandMandal'} under GHMC Quthbullapur^{Circle,Medchal-Malkajgiri} District, on^{the ground that the Surveynumber where the} House is located is^{notifiedas prohibited property under} Section 22A^{of tine Registration Act videGazette Notification} No.E5la730l2013^dated 25'09'2013 and File No.B/583/2012,^{dated17.O2-2O12,as illegal and arbitrary} and consequently^{to direct the saidPublic Authorityto receive} and register the^{said document.}

¶168

I{VSK. J W.P. No..9645^of 2o2l^{and26353of 2023}

¶169

¶170

Learned counsel for the petitloner states that^the Division Bench of this Court, through orders^dated 07.12.2OO5, in W.P.No.14099 of 2OO3 and^{Batch, has} set-aside the Gazette notification and no further^notihcation was issued as per laiw. karned counsel for the^petitioner states that the Registering Authority has thus^{no power of} refusal to receive the document. t earned counsel^{brought to} the notice of this Court the order of this Court in W.P.No-4236 of 202),, dated 25.O2.2O2., wherein this Court observed^as follows:-

¶171

"The deed of conueyance presented bg the petitioner in respect of house bearing No.28-1741218^u'titLt a pltnth area of 21OO sq- ft., G+2, and^Pent House^{on plot} beaing No.218, odmeasuing^{1O5 Sq yardsin} Sg.No^151, Vijag anagar Colong, Moruthi Nagar, Quthbullapur^Villoge, GHMC Circle, Medchal-Malkajgiri District tuas^refused for registration bg refertng to File^{No.ES/4730/ 20 13/} Quthbultapur/^{Nizampe|dated25.O9.20i3,File} No.S/ 583/ 2012 dated 17.O2.2O12 of the^Tahsiklar, Q,uthubullapur^{Mand.al, Gozette notificationNo,I34, ddted} 1 0.O3. 2OO5 and G.O-Ms. No.292 dated^{09.03'2OO 5.}

¶172

According to lea m-ed counsel for the^petitioner, the gc)zette notification was set aside bg^{the Diuision} Bench of this Court in^judgmen| dated 07.12.2O05,ⁱⁿ W.P.No..14O99 of 2OO3 ond batch. Though after^this judgment, Section 22-A of the Registration Act, 1908 (for short, 'the Act') uas amended., no further notifrcatton wos issued as required by the Act. Hou.teuer, on 25.O9.2013, the Dist.ict Collector i.ssued preliminary notifrcation calling for^{objections. This notificationu.ta's} found^{to be defectiue} bA thrs Court in W.P.No. 19069 of^2O 14, dated^{25.08.2O1 4.} The letter dated 08.O9.2O 1 I utas issued bg the Tahsildar notifging the partbular property as Gouemment land and requesting the Sub Regktrar not to regi-ster ang deed of conueadnce.

¶173

IfVSK. J w.?. Lo..9ff5 ol2O2l ud 25553 ol2023

¶174

'J.4

¶175

Hauing regard to declaration^giuen bg^{the Full} Bench of this Court in^{VinjamuriRajagopaLaCharyu.} State oJ Andhra Prad,esh [2016(L)^{ALT55O (FB)], the} authority competent to^{notifAi.s the Distict Collector.}

¶176

Thi.s clearlg shous^{thereu)as no application of} mind bg the reuenue authoities^{ond bg the SubRegi-strar} in rejecting the document for^{registration.On thi-sissue} seuerol writ^{petitions ore} ftled.^{Though, theA are glaing'} so for Gouernment has^{not appli.edits mind and meosures} are put in place to streamline^{registrotion process affecting} citizens.

¶177

Subject to further^{considerationof the issue after} the judgment of the Hon'ble^{SupremeCourt in Ciuil Appeal} No.4223 oJ 2018 & Bath,^{the prouisions of Section 22'A of} the Registrotion^{Act and the orders issuedbg this Court in} uarious tttit^{petitions, bgLUaA ofinteimorder,} the respondent-registration^{authoritg is directed to receiue} and process the deed^{of conueganrce,without referenceto} the letter dated 17.02.2O12^{and the Go-zette Notification} dated. 25.0g.2O 13^{subjecttn complianceof prouisions of} the Indian Registration^{Act, 1908 ond Indian Stamp Act} 1899 and to ascertain^{the status of land, as reJlected in} the reuenue records- If^{the d'eed of conuegancecompLies} with atl the requirements^{and there is no embargoin} (rccepting the document for registratian,^{the Regi'steing} Authoitg shalt^{regbter and releose thedocument'} Houeuer, ang such^{actionshall abidethe result of the uit} petition. Further^{petittoner is directed not to resortto} furtlrcr^{conuegance of the subiectpropertytttithoutleaue of} this Court-"

¶178

Learned Assistant^{Government Pleader did not bring to} the notice of this^{Courtanythingto hold that the present} Writ Petition stands^{on adifferent footing as that of the} Writ Petition that^{is referred supra'}

¶179

vsl(, J W.P l{o..9645 df2021 rnd 26353 ol2o2f,

¶180

¶181

Therelore, pending consideration of the matter, which would be taken after the judgment of the Hon'ble Supreme Court in Civil Appeal No.4223 of 2018 and Batch, this Court is of the view that ar interim order can be issued directing the Registering Authority to receive and proceed with the registration in case the deed presented is in accordance with the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899.

¶182

Resultantly, the Sub-Registrar, Quthbullapur Mandal Medchal-Malkajgiri District, is directed to receive and register the Sale Deed that would be presented by the petitioner in respect of the subject property i.e., in respect of House No.28-169/4/2/1, admeasuring IOO.O Sq.yards, located in Sy.No.i51 (Covered under Block No.28) of Maruthi Nagar, Quthbullapur Village and Mandal, under GHMC Quthbutlapur Circle, Medchal-Malkajgiri District, without reference to thc letter dated 17.O2.2O72 and the Gazette Notillcation dated 25.09.2013, however on compliance oi the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899. The Registration be carried out after ascertaining the status of land as reflected in the revenue records. The parties are prohibited from proceeding with further conveyance of the property except on obtaining required permission from this Court. Further, the registration shall be subject to the hnal result of the writ petition.

¶183

Reglstry to make an endorsement on the Writ petition to the effect that the same shall not be permitted to be withdrawn.

¶184

List on 11.10.2O23."

¶185

ANALYSIS:

¶186

In the cases on hand, what was issued by the District Collector was only a Notiflcation in R.R. No.83 dated 2s.og.2ol3 calling for objections and

¶187

r{vsx, J w.P, xo.-96rt5 ot2o2l .r.126353^ot2025

¶188

¶189

suggestton on the^{proposalfrom all persons,who are tikelyto be affected} thereby for being^{taken into consideration by the Governmentand so far the} District collector^{has not exercisedthe power vested under section 22-A. of} the Act. The^{issue of inclusionof properties inthe prohibited1ist,} not accepting the^{documentsfor registrationand the scopeof section22-A} of the Act were^{elaborately consideredby the Full Bench of this court in} vinjamuri Raiagopala chary.^{It is significantto note herethat the decision of} the Full Bench^{of this courtwascarried to the Hon'ble Supreme court in} Civil Appeal No.4223^{of 2018 and batch'The Honble Supreme Court} granted liberty to the^{petitionerstherein and any other aggrieved person to} challenge the^{validity of section 22-A of the Act and directed the High court} todecidethesaidvalidity.TheHonbleSupremeCourthasalsogranted interim direction of^{registrationofdeeds ofconveyance, butsuch} registration^{was directed to be treated as provisional subject to the result of} the writ petitions^{now pending beforethe High Court and the partiesshould} not claim any^{additionalequity. Eventually,the Hon'ble SupremeCourt} held as under:

¶190

"7. We note that^{in alt theseappeals, registrationhas} been permitted making^{it subjectto the result of the appeals} with a further condition^{that no further registration shalltake} place without^{permissionfrom the Courtlt is ordered that} the registration^{already permittedby this Court shall be} treated as a^{provisional registration subject to the resultof the} writ petitions now^{pending before the High Court' We make it} clear that merely^{becauseregistrationhas treen permitted,the} parties shall not claim^{any additional equity' We further} make it clear^{that without expresspermissionfrom the High} Court, there^{shallbe no further transfer' In order to avoid}

¶191

t{vsK, J { P. Nos.9645 of2O2l^{and26353ol2023}

¶192

¶193

further difhculty to the similarly^{situatedpeople,rve make it} clear that it will be open to them^{to approach the High Court} and seek appropriate and^{similar interim ordersregarding} transfers during the^{pendency of the writ petitions}

¶194

The learned senior counsel^{has pointedout that} same mechanism for redressal under^{Section 22 A} l1)^{(e) may} be made applicable as far^{as the grievanceinrespect of} Section 22A (1) (a) to^(d) is^{concerned lt is pointedout that} even in respect of the orders^{which have othenvisehecome} frnal, they would be relegated to^{the sameauthorityand will} be subject to further revision/appeal^{etc-Thisis also a matter} to be considered by the High Court^{when the writ petitions are} finally heard. Therefore, we^{permitthe parties to raise this} contention also before the^{Bench concerned whileconsidering} the vires of the Section, in order^{to reach a workable solution} The Court may consider the^{issueon its own merit and the} impugned order sha-ll not stand in^thatway.

¶195

We further make it clear^{that we have not otherwise} considered the matter on merits.

¶196

In view of the above, the appeals^{are disposed of."}

¶197

Thereafter, the Division Bench^{of this Court in W,P. No.283OO of 2OO7} and batch had dealt with the validity^{of Section 22-A of the Act as} incorporated in the Registration Act,^{1908 ald the Amended Act, 19 of 2OO7} with effect from 20.06.20O7, which^{was under challenge.The Division} Bench of this Court vide its common^{judgmentdated19 1O 2023had} upheld the validity of the Section 22-A^{of the Act.}

¶198

For the facility of reference, Section 22-A of the^{Act is extracted} hereunder.

¶199

iIVSK, J W-P. t1o.,965 ot202r md²⁶³⁵³ of2023

¶200

"22-lr. Prohibition of^{Registration of certain documents:--}

¶201

(l) The following classes of^{documentsshall be} prohibited from registration,^namely:--

¶202

(a) documents relating to^{transferofimmovable} property, the alienation or^{transfer of whichis prohibited} under any statute of the^{State or CentralGovernment;}

¶203

(b) documents relating to^{transfer of property by way of} sale, agreement of^{sale, gift, exchangeor lease in respectof} immovable property^{ownedby the State orCentral} Government, executed^{by personsother than those statutorily} empowered to do^so;

¶204

(c) documents relating^{to transferof propertyby way of} sale, agreement of^{sale, gift, exchange or lease exceeding(ten)} 10 years in respect^{of immovableproperty, owned by Religious} and Charitable^{Endowments falling under the purviewof the} Andhra Pradesh^{Charitableand HinduReligious Institutions} and Endowments^{Act, 1987 or by Wakfsfalling underthe} Wakfs Act, 1995^{executed by persons other than those} statutorily emPowered^{to do so;}

¶205

(d) Agricultural or urbar^{lands declared as surplus} under the Andhra^{PradeshLand Reforms(Ceiling on} Agricultural Holdings)^{Act, 1973 or the Urban Land (Ceiling} and Regulation)^Act,1976;

¶206

(e) Any documents^{or classof documents pertainingto} the properties the^{State Government may, by notification} prohibit the registration^{in which avowedor accrred interests} of Central and^{State Governments, Local Bodies,Educational'} Cultural, Religious^{and CharitableInstitutions,thoseattached} by Civil, Criminal,^{RevenueCourtsand DirectandIndirect} Tax Laws and others^{which are likely to adversely affect these} inteiest

¶207

ia:

¶208

NVSK, J P.P. no. 9645 of2O2l a.d 26XSa ot 2o2X

¶209

¶210

(2) For the purpose of Clause (e) of sub-section (l ), tl-re State Government shall publish a notif,rcation after obtuining reasons for and full description of properties furnished by the District Collectors concerned in the manner as mrry be prescribed.

¶211

(3) Notwithstanding anything contained in this Act, rhe registering officer shall refuse to register any document to which a notifrcation issued under Clause (e) of sub section (l ).

¶212

(4) The State Government either suo motu or on iin application by any person or for giving effect to the final orders of the High Court of Andhra Pradesh or Supreme Court of India may proceed to denotify, either in full or in part, the notihcation issued under sub- section (2)."

¶213

The Division Bench of this Court in the above batch of W.p. No.283O0 of 2OO7 vide its common judgment dated 19.1O.2O23 at para No.25 held as under:

¶214

"25. Thus, from a perusal of the statement of Objects and Reasons, it is evident that Section 22A of tbe Act has been incorporated to empower the Government to notify the registration of such documents or class o[ clocuments as opposed to public policy and to reject their registration. The Act has been amended to overcome the def-rciency pointed out by a Division Bench of this Court and the Supreme Court in Basant Nahata (supra) and to avoid illegal transactions of transfer of property relating to Government, religious and charitable institutions. The object of the provision is to protect the vacant lands as well as the properties in whicl-r State Government has either avowed or accrued interest, properties belonging to local bodies as well as religious ancl charitable institutions and wakfs. With rapid increase of population ald industrialization, the prices of land available for agriculture and human inhabitation have skvrockcted.

¶215

NVSK, J w.P I{o..9&5 ot 2oill En 26354 oI2023

¶216

¶217

The land maha and unscrupulous^{elementsare grabbingthe} land and encroaching^{the public and privatepropertiesand} are also executing the^{registereddocuments affecting} immovable properties of^{third parties. The aforesaid activity of} grabbing vacant lands^{is a socialevil whichis sought to be} remedied by enacting^{Section 22A of the Act "}

¶218

The Division^{Bench of this court in its judgment dated 19.10.2023} also referred the^{Full Bench paragraphs 155 and 156 at para 30' which} reads as under

¶219

"3O. Thereafter, the^{Full Bench of this Court in} Vinjamuri Rajagopala^{Chary in paragraphs 155 and 156 of} its decision held as^follows

¶220

"155. Further, as^{noticed earlier the State Governmentls} empowered^{either suo motu or on applicationto consider the} grievances against inclusion^{of any property in the prohibitory} list under Section^{22-A ofRegistrationAct and isalso} empowered to de-notify^{either in fult or in part the notification} issued under sub-section^{(2). In our opinion,the redressal} mechanism is^{availableonly with respecttonotifications} published relating to^{the properties falling under clause (e) of} Section 22-A.^{Hence, any grievalce of the parties with} reference to the^{propertiescoveredby clauses(a) to (d) will} have to be^{questionedbythe aggrievedparties onlyby} appropriate^{proceedings beforea competent Court and the} adjudication by^{such Court wouldbe final Further,so faras} notifred^{properties falling underclause (e) are concerned' the} redressal mechanism^{under subsection (4) of Section 22-A} would be able to^{effectively address the grievanceprovidedthe} mechanism thereunder^{iseffective, expeditious,fair'and} judicious. Thus, in order to^{makean effective redressal} mechanism,^{we deem itappropriate to direct the respective} Governments^{of both the States to constitutea Committeeor}

¶221

I :;:i '. :-:*1.9 : ...r;..:

¶222

NVSK. J w.P. lcos.9645 ot2O2l atrd 26353 6t 2023

¶223

21-

¶224

establish a Forum within time frame, mav be comprising o[ Principal Secretary of Revenue, Director of Surve_y and Land Records and a retired Judicial Officer of the rank of a District Judge which shall meet periodically to consider the grievances of the persons affected by the notihcations. The Committee shall be empowered to examine relevant records and then pass a reasoned order either accepting or rejecting thc grievance by either confirming/deleting/modifying any such property from the noti{led list of properties. In our vierv. such orders passed by the Committee shall be binding on the State as well as on the aggriev'ed person and in the event of any of them being aggrieved thereby, they shall have to approach a competent Court of Law for redressal of their grievance.

¶225

We, thus, summar2e our conclusions and issue directions as follows :

¶226

(i) The authorities mentioned in the guidelines, wl-rich are obliged to prepare lists of properties covered by clauses (a) to (d), to be sent to the registering authoritles undr:r the provisions of Registration Act, shall clearly indicate the relevant clause under which each property is classified.

¶227

(ii) Insofar as clause (a) is concerned, the concerned District Collectors shall also indicate the statute under which a transaction and its registration is prohibited. Further in respect of the properties covered under clause (b), they shalJ clearly indicate which of the Governments own the propcrty.

¶228

(iii) Insofar as paragraphs (3) and (4) in the Guidelines, covering properties under clause (c) and (d) are concerned, the authorities contemplated therein shall also forward to the registering authorities, along with lists, the extracts of registers/gazettc if thc propcrty is covcrcd by cithcr errdownlerrt or wakf, and declzuations/ orders made under the provisions of Ceiling Acts if the property is covered under clause (d).

¶229

I'L6X, J v.P, !to..9645 of2O2t .nd^26353or2023

¶230

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(iv) The authorities forwarding^{the lists of properties/landsto} the registering^{authority shall also uploadthe same to the} website of both^{the Governments,namely igrs ap gov in of the} State of Andhra^{Pradeshand registration.telangana' gov'inof} the SLate of Telangana.^{If there is any changein the website,} the State Governments^{shalt indicate thesame toall} concerned, may be^{byissuing apress note oran} advertisement in^{prominent daily news papers.}

¶232

(v) No notification, contemplated^{by sub-section(2) of Section} 22A, is necessary^{withrespectto the propertiesfalling under} clauses^(a) to^(d) of^{subsection (l) of Section 22-A'}

¶233

(vi) The properties covered^{under clause (e) of Section 22 A} shall be notified^{in theofhcial gazetteof theState} Governments and^{sha-lI be forwarded,along with the list of} properties, and a copy of^{the relevaltnotiflrcation/ gazette, to} the concerned registering^{authorities underthe provisions of} Registration Act and^{shali also place the} said notificalion f^{gazette on the aforementioned websitesof both} the State Governments.^{The Registering authorities shall} make available a^{copy of the Notihcation/ Gazetteon an} application made^{by an aggrieved party'}

¶234

(vii) The registering^{authorities wouldbe justified in refusing} registration of documents^{in respect of the properties covered} by clauses^(a) to^{(d) of subsection(1) of Section 22-A provided} the authorities^{contemplated under theguidelines,as} aforementioned,^{have communicatedthe lists of properties} prohibited under these^clauses.

¶235

(viii) The concerned^{authorities, which are obliged to furnish} the lists of^{propertiescoveredby clauses (a) to (d) of sub-} section⁽¹⁾ of Section^{22-A,and the concernedRegistering} Ofhcers shall follow^{the guidelinesscrupulously'}

¶236

..^.r,:;:,- .. .^ri..ii

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t{vSK. J E P. rYo..9645 0( 2021 and 26353 0t 2023

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(ix) It is open to the parties to a document, if the relevant property/land finds place in the list of properties covered by clauses (a) to (d) of sub-section ( 1) of Section 22-A, to apply for its deletion from the list or modihcation thereof, to the concerned authorities as provided for in the guidelines. The concerned authorities are obliged to consider the request in proper perspective and pass appropriate order within six weeks from the date of receipt of the application and make its copy available to the concerned party.

¶240

(x) The redressal mechanism under Section 22-4(4) shall be before the Committees to be constituted by respective State Governments as directed in paragraph-3S.1 above. The State Governments shall constitute such committees within eight weeks from the date of pronouncement of this judgment.

¶241

(xi) Apart from the redressal mechanism, it is also open to an aggrieved person to approach appropriate forum including Civil Court for either seeking appropriate declaration or deletion of his property/land from the list of prohibited properties or for any other appropriate relief.

¶242

(xii) The directions issued by learned single Judges in six judgments (W.P.No.2775 of 2OO9, dated 15.03.2011; W.P.Nos.2OO5O of 2O 1 i and batch, dated 08.09.20 1 t; W.P.No.26566 of 2011, dated 18.01.2013; W.P.No.3O526 of 2012 and batch, dated 31.12.2072; W.P.No.31409 of 2014, dated 29.01.2O15 and W.P.No.24587 of 2074 ancl batch O 1.06.2015) or any other judgments dealing with the provisions of Section 22-A, lf are inconsistent with the observations made or directions issued in this judgment, it is made clear that the observations made and directions issued in this judgment shall prevail and would be binding on thc parties including the registering authorities under the Registration Act or Government offrcials or the off-rcials under the Endorvments Act, Wakf Act and Ceiling Acts.

¶243

VSK. J w.P. No..96,45 of2O2l^{.ad26353 cl2023}

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(xiii) If the^{partyconcerned seeks extractsofthe} list/ register/gaz^{ette of propertiescovered by clauses(a) to (e)} of Section 22-A l1),^{received by the registering officer on the} basis of which^{he refusedregistration,itshalt be furnished} within 1O days^{from the dateof an application madeby: the} aggrieved^partY.

¶246

(xiv) Registering offrcer^{shallnot act and refuseregistrationof} a document in lespect^{of any property furnishedto} him directly by any^{authority/of{icer otherthan} the ofhcers/authorities^{mentionedin the Guidelines'}

¶247

(xv) Mere registration^{of a documentshall not confertitJeon} the^{,/endee/alienee,if the propertyis otherwisecovered by} clauses (a) to^{(e), but did not find place in the lists furnished} by the cDncerned^{authorities to the registeringofficers'In} such cases, the^{only remedy availableto the authorities under} clauses^(a) to^{(e) of sub-section(1) of Section22-A isto} approach appropriate^{forums for appropriate relief"}

¶248

From a^{perusal of the Notificationin R'R No 83' dated 25'09'2O13'} the subject^{landswere notified underSection 22-A (11(al for the purposeof} Section22-A(l|.Itisonlyanoticegiveninvitingobjectionsarrdsuggestions on the above^{proposa-lfrom all personswho are Iikely to be affected thereby} for being^{taken into considerationby the Government The details of the} properties mentioned^{in the} annexure^{statesthat the subjectlandsare} Government^lands.

¶249

Section 22-A^{(ll (e) of the Act manifeststhat any documents or class} of documents^{pertaining to the properties' the State Governmentmay'} by notification^{prohibitthe registrationin whichavowed or accrued interests}

¶250

I{VSi. J q P No..9645 or2O2l u.t 26J53 oI2023

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of Central and State Governments, L,ocal Bodies, Educational, Cultural, Religious and Charitable lnstitutions, those attached by Civil, Crrminal, Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect these interest.

¶253

Section 22-A (21 reads as under

¶254

" (2) For the purpose of Clause (e) of sub-section (1), the State covernment shall publish a notification after obtaining reasons for and full description of properties furnished by the District Collectors concerned in the manner as may be prescribed."

¶255

It 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 notifica[ion is contemplated under sub-section (2) of section 22-A with respect to the properties falling under clauses (a) to (d) of sub-section (1) of Section 22-A. As per Clause (vi), the properties covered under clause (e) of section 22-A shall be notified in the offrcia-l Gazette of the State Governments and shall be forwarded, along with the list of properties, \ and a copy of. the relevant notification/ Gazette, to the concerned registering authorities unddr the provisions of Registration Act and shall also place the said notificati oi / Gazette on the websites of both the state Governments.

¶256

The subject lands in these writ petitions as per the Notification in R.R.No.83 in File No.ES / 4730 / 2013/euthbullapur/euthbulapur, dated 25.09.2013, which according to the District Collector were classified as Government lands and a Notification was issued calling for objections / suggestions before placing for prohibitions. Section 22_A (ll (el

¶257

ra,vsK, J W-P. Xo.96/tS of2O2l rnA 26153 ol2023

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ald (21 stipulates that if^{any land isclassifiedand determinedas} Government land, the^{Government shall publish an ofhcial Gazette} notification after^{obtaining reasons for and full descriptionof properties} furnished by the^{Districtcollectorconcernedin the manner as prescribed.} In the case on hand,^{the respondents have not followed the provisions of} Section 22-A(tl(e(21^{and the guidelines issuedby the Full Bench in the case} of Vinjamuri Rajagopala^{chary(Supra) wherein at para 156 held that the} authorities are^{obliged to follow clause (vi) for those properties covered} under clause^(e) of^{section 22-A of the Act, whereby such landshave to be} notified in the ofhcial^{Gazetteof the state.The Notification in R.R.No.83} dated 25.O9.2013^{communicatedby the Joint collector,Ranga Reddy vide} FileNo.DS/a730/2013/Quthbullapur/Quthbullapur,dated25'O9'2013; Deputy Collector and^Tahasildhar, Quthbullapur^Mandal,File No'B/583/20 72, dated^{17.o2.2o12and the Gazette NotilrcationNo.134,} dated10.O3.2005andG.O.Ms.No.292,Revenue(Registration-I),9thMarch 2oo5communicatedbytheCommissionerandlnspectorGeneral(Revenue &Stamps),HyderabadvideFiIeNo.Gl/4661/2005,datedo2.o7.2oo5are not in accordance^{with the provisions of the Section 22-A ll) (e) arld 22 (1)(21} and also as^{per Clause(vi) of the guidelinesissued in the case of Vinjamuri} RaJagopala Chary^{(Supra) and the samecannotbe the basis for denying for} registration^{of the subject properties'}

¶260

2T.Further,theTahsildarvideFileNo.B/583/2012,dated17.o2.2o72 had notified^{the particular property as the Government land and requested} the Sub-Registrar^{not to registerany deed of conveyance' The District}

¶261

NVSI{, J w.p. Nor.9545 0r202r .nit 26333 .I 2023

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Collector on 25.09 .2O 13 had issued preliminary notihcation calling for objections and the said notification was found to be defectivr: by this Court in W.P. No. 19069 of 2OI4 dated 25.08.2O14.

¶264

It is also pertinent 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 dated 25.09.2013 the answering respondents have not taken any steps in notifying in the official Gazette of State Government in terms of the guideline No.(vi) issued by the Full Bench in the case of Vinjamuri Rajagopala Chary (Supra).

¶265

As such, the Notification in R.R.No.83 in File No.ES laT3O /2013 / Quthbullapur/Quthbullapur, dated 25.09.2013, is only a notice given for inviting objections and suggestions and this calnot be the basis for refusal for registration of the subject properties. In view of the same, Gazette Notilrcation in R.R. No.83, dated 25.O9.2OI3, communicated by the Joint Collector, Ranga Reddy vide File No.ES /a73O l2O 13/euthbullapur/ Gajularamaram, dated 25.09.2013, 2) Deputy Collector & Tahsildar Quthbullapur^Mandal, File No.B/583/2Ot2, dated t7.O2.2O12 and the Gazette Notification No.134, dated 1O.O3.2005 arrd G.O.Ms.No.292, dated O9.O3.2O05 are not in consonance to the provisions of Section 22-A of ttre Registration Act, 1908 and 22-A(r)(e) and Clause (vi) of the guidelines and the same cannot be referred for the purpose of denying registration of the subject properties. Consequently, reference made vide in File No.E5/a73ol2O 13 / Quthbullapur/Gajularamaram, and File

¶266

IwSK, J w,P, I{0.,9645 of 202 t^{.E n 2675AcI2O2J}

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No.ES/4730/2O^{I3/Quthbutlapur/Quthbullapur,d^ted' 25 09 2O13andFile} No.B/583/2012d.atedtl.O2.2Ol2oftheTahsildar,QuthbullapurMandal' are declared as illegal,^{arbitrary and bad in law and are hereby set aside'}

¶269

30.Accordingly,W.P.Nos.9645of2021and26353of2023areallowed.

¶270

This court^{on 22.O9.2023, while directing the Registeringauthority to} receive and process^{the documentwithout reference to the letter dated} 17.02.2012, and the^{Notificationin R.R. No'83dated 25'09'2013,h.ad} directed the^{petitionernot to resort to further conveyanceof the subject} property withor,rt leave^{of this Court. In this regard, it is madeclear that} since these writ^{petitions(W.P. Nos.9645 of 2O2l and 26353of 20231 are} allowed, the condition^{that was imposedto the effectthat not to resort to} further conveyance of^{thesubject property ishereby recalled'} The Registering^{Authorities are directed to makenecessary changes in the} records.

¶271

32.Itismadeclearthatmereregistrationofthedocumentdoesnotconfer title on the subject^{propertyand it is also made clear that this order would} nothaveanybearingonallthosematterswheretitle/rightsoftheparties are pending before^{the authorities either in revision/apppals for adjudication} and in any^{other case this order also does not preclude the parties in} asserting their^{rightsbefore a competent Court of law' There shall beno} order as to costs.

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