Allowed

Smt. Maddi Usharani v. The State of Telangana

Telangana HC16 Apr 2024WP/5284/2021

Case brief

AI extract

What is this about?

Writ petition against refusal to register a sale deed on prohibitory list grounds under Section 22-A of the Registration Act. Following its earlier common order, the Court held the notification defective, allowed the petition, recalled the no-further-conveyance condition, and directed record corrections.

What did the court decide?

Writ petition allowed in terms of common order dated 22.03.2024; no-further-conveyance condition recalled; registering authorities directed to make necessary changes in records; no costs.

Smt. Maddi Usharani 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 (Special Original Jurisdiction)

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TUESDAY,THE SIXTEENTH DAY OF APRIL I-WO THOUSAND AND TWENry 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: 5284 0F 2021

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Between:

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Smt Maddi U_sharani, Wo Sri lvladdi Siva Naga Vara Kumar, Aged about 36 years, Occ_ Business, R/o H No 7-4-68t1,- Vani Nagar, R V Rao a;nq Ferozguda, Hyderabad.

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...PETITIONER

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AND

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1 Jle^SJatg 9l^{Tqlangana Rep by its principat Secretary (Revenue),} ;ecretariat, Hyderabad.

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The District Registrar, tvledchal- tr/alkajgiri District.

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3 The Sub Registrar, Qutbullapur, Ir4edchal - lr/alkajgiri Diskict.

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The Collector, lvledchal - tr/alkalgiri District.

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The Tahasildar, Q uthbullapur fvlandal, Ir/ledchal-Mblkajgiri District.

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...RESPONDENTS

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Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court n:ay be pleased to issue writ, order or direction more particularly one in the nature of writ of Mandamus decraring the actron of the 3rd respondent i.e., The sub Registrar, Qutbullapur, Medchar - Markalgiri District, in refusing to receive and register the sale deed presented by the petitioners in respect of property house bearing No. 28-176/C, on PIot Nos 06 and 07, wrth a.plinth area of 83g sq.ft., in First Floor (R.C.C.). admeasuring 200 sq.yards , in Sy No. 151, situated at Maruthi Nagar, of Quthburlapur vrflage. Under GHtvrc circre, Mandal and Regn. Sub- Dist. Quthbuttapur, Dist. and Regn. Drst.Medchat_ Malkajgiri, basi g on prohibitory list under.section 22-A of Registration Act as per the 1. Ranga Reddy District Gazette Notification R.R No 83. comrnunicated by Joint collector, Ranga

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Reddy vide File No E5/4730/ 201 3/e uthbullapu r/ Nizampet, dated 25 Og,2O13, 2. Deputy colector :rnd rahasirdar Quthbulapur rvandar, Fire No F,158312012, daled 17'02'2012 and 3 Gazette Notification No.134, dated 10-03-2005 and G.O,Ms No.292. Revenue (Registration. !), 9th March 2CC5 communicaterj by Commrssroner and lnspector General (R and S), Hyderabad_ vide File No G 1/4661/2005, Dt.O2-02-2005, is i,egat, arbitrary, in viotation of Artictes 14, 21 and 300-4 of constitution of rndia and arso in vioration of Registration Act, 1908' besides rn vioration of principres of Naturar Justice anci consequenay direct the respondent no 3 herein to receive and register the sare deed presented by the petitioners, rn respect of the house bearing No. 2g_176tc, on plot Nos. 06 and 07, with a ptinth area of g38 sq.ft., in First Floor (R.C_C ), admeasuring 200 sq yards.' in Sy No. 1s1, situated at Maruthi Nagar, of euthbu,apur vifiage, Under GHMC Circle, Mandal and Regn. Sub_ Dist. euthbullapur. Dist. and Regn. Dist Medchat- tvlatk algiri.

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IA NO 1 0F 202i

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Petttion under'section 151 CpC praying that in the crrcumstances stated rn the affidavit frled in support of the petition, the High Court may be pleased to direct the respondL'nt no.3 herein to receive and register the sare deed presented by the petitioner rn respect of property house bearing No. 2g-176lc, on prot Nos. 06 and 07. wrth a plrnth area of g3g sqJt;in Firs$toor (R.C.C ), admeasuring 200 sq yards , rn Sy No. 151, situated at Maruthi Nagar, ot euthbullapur Village, Under GHMC Crrcte. Mandal and Regn. Sub_ Dist. euthbullapur, Dist and Regn. Dist Medchal. Malkalgirr. pending disposal of the above writ petition

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Counsel for the petitioner: SRI KATIKA RAVINDER REDDY

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counsel for the Respondents: Gp FoR srAups AND RGrsrRATroN The Court made the following: OROER

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUIYIAR

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W.P. No.5284 of 2O2L

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ORDER:

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This writ petition has been filed challenging the action of thc Rcgistering Authorities in refusing to register the subject documents bascd on thc Gazette Notihcation R.R. No.83, dated 25.O9.2O13-

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Thc learned counsel for the petitioner would submit that the subjcct matter o[ this writ petition is squarely covered by t]re common order dated 22.O3.2024 passed in W.P. Nos.9645 of 2O2l and W.P. No.26353 ot 2023 by this Courl. The learned counsel would further submit that this Court, rvlrile grernting interim order dated 2a.O4-2021 in W.P. No.9645 of 202 1 irad strpulatcd a condition not to resort to further conveyance o[ the subjcct properLy without leave o[ this Court and similarly in W.P- No.26353 of 2O23 tlris Court, while'granting interim order dated 22.O9.2023, had prohibrted thc parties from proceeding with further conveyance of the^property cxcept on obtaining required permission from this Court.

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It is lurther submitted that in the present writ petition this Court, whilc granting interim order dated Oa.O3.2O2l, had directed the Registerrng authoritics to register the subject documents with one o[ the conditions that tlle petitioner not to resort to further conveyance of the subject^property rvithoul Ieave of this Court. Subsequently, in pursuance of said interim ordcr, the Rcgistering authorities have registercd the subject documcnts:rttd as on todar,, on behalf of the^{respondents/ Registeringauthorit-r' no countcr} tr:rs bcen filed

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q P. No_szr4 04 2()2r

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On the other hand, the learned Assistant Grtvernment pleader appearing for the Stamps and Registration did not disfiure the submissions made by the learned 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 Dir-ision Bench of this Court vide its common order dated 19.1O.2O23 passed in W.P. No.283OO of. 2O07 and batch had dealt witl-r the validiry o[ Secrion )-2 A of the Act as incorporated in the Registration Act, 1908 and the Amended Act, 19 of 2OO7 with effect frolr, 20.06.2OO7 and had upheld Lhe validiry ot thc Section 22-A oi thc Act- lrarned counsel for the peritioner has [iled a ntcmo bringing on record the relevant notification.

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Having gonp through the material made available on the record and thc submissions made by l.he learned counsel on either side, it is essential rrrd .r"""""rry to excerpt the relevant para Nos.23 to 32 of the common order dated 22.03.2024 passed in W.P. Nos.c)6.15 of 2O2 I and 26353 of 2023 t:y this Court, which reads as under:

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"23. From a perusat o[ the Notrfication in R-R- No_83, date(l 25 09_2013, the subject lalds were notiared under Section 22-A (ll(a] tor the purpose oI Section 22-A(l). It is onty a notice given inviting otrjections and suggestions on the above proposal from all persons rr,,ho arr: likely to be affected thereby for being taken into consideration b-\ thc Go(,ernnlent. The detaits of the properties rncntioned in thc anne.<ure states that the subject lands arc Government lands

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Section 22 A (I) {el of thc Act manrfests that any docunrenrs or class of doculnents peataining to the propertles, the Sratc Gote.rltrlcnt m:r., bv

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w P tio 5234 0r 20?1

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notilication prohibit the registration tn lr,hich avowed or accrued interests o[ Central and State Governments, [rca[^{Bodies, Educational, Cultural,} Religious and Charitable [nstitutiorls, those attached by Civit, Criminal, Revenue Courts and Direct ard Indirect Tax l.arvs and others^whichare likely to adversely alfect these interest-

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Section 22-A⁽²⁾ reads as undcr

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".(2) For the purpose of Clause^(c) of sub section^(1), the State Govemment sha-tl pubtish a notihcation after obtaining reasons for and fult description of properties furnished by the District CoUectors concerned in the manner as may be^prescribed-"

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It is pertinent to note that in the case of Vinjaauri Rajagopala Chary (Supra) paras 156 had summarized and issued directions. As^per the Clause (v) no notifrcation is contemplated under sub-section⁽²⁾ ot Section 22-A with respect to the properties falling under clauses^(a) to^(d) of sub-section⁽¹¹ of Section 22-A. As per Clause^(r.il, the^properties covered under clause (e) of Section 22-A shall be notihed in the ofticial Gazette of the State Govemments atld shall be forr,varded, along with the tist of properties, arrd a copy of the relevant notification / Gazette, to the concemed registering authorities under the^provisions oI^{Registration Act} and shall also place ttre said notihcation/ Gazette on the^websites of both the State Govemments-

¶43

The subject lands in these writ petitions as per the Notification in R.R.No.83 in File No.ES / 4730 /2OI3l Qu thbuttapur/Quthbullapur, dated 25.O9.2013, which according to the District Collector^werc classified as Government lands and a Notification was issued calling for objections/ suggestions before placing for prohibitions. Section 22-A^{(1) (e)} and (2) stipulates that if any land is classified and determined as Government lafld, the Government shatt pubtish an ofhcial Gazette notifrcation after obtaining reasons for and full description of^properties turnished by the District Collector concemed in thc manner as^prescribed- ln the case on hand, the respondents have not followed the^proslsions of Section 22-A(1)(el(2) and the guidehnes rssued b-v the Full Bench rn the case of Viajamuri Rajagopala Chary (Supra) \herein at para 156 hetd that the authorities are obliged ,o fo,,o"t, Clause^(vi) for those propertres covered under Clause (e) of Section²² A of the Act, wtrereby such lands have to be notified in the official Gazelte of^thc Sl:rte. The Notification in R.R. No.83 dated 25.09-2OI3 cornmunicatcd b!^the Joint Collector, Ranga

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w.P !Io-52a4 0r 2()21

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Reddy vide File No. E5 / 4730/ 20 l3l eurhbultapur/ euthbullapur, dated 25.O9.2O13; Deputy Collecror and Tahasildhar, euthbuUapur Mandat, File No.B/583/20t2. dated 17.O2.2O12 and the Gazette Notiftcation No-134, dated 10-O3-2005 and G.O.Ms.No_292, Revenue (Registration-l), 9d March 2OO5 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad r,.ide File No-cl/4661/2OOS, dated O2.O7.2OO5 are not in accordance with the provisions of the Section 22_A (1) (e) and 22 {ll(21 arrd, also as pcr Ctause (wi) of the guideLines issued in the case of Vinjamuri Rajagopala Chary (Supral and the same cannot b€ the basis for dcnying for registration of the subject properties.

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Further, the Tahsildar wide File No_B/583/2O12, dated, lZ.O2.2Ol2 had notihed the particular property as the Government land and requested thc Sub Registrar not to register any deed of conveyance. The District Collector on 2-5 0g 20 l3 had issued preliminar_v notihcation calling for oblections and thc said notification lr,as found to be defective trv this Court in W.P No. 19069 of20l4 dared 25.Oa-2O14.

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[t is also pertinent to note that in t]re counter filed in W.p. No.26353 ot 2023 prohrbiring t ran sfc./ regrstratio n that subsequent to ttre Notilrcation in R.R. No 83 dated 25.O9.2OL3 the answeriog respondents have not taken any steps rn notifying rn the oflicial Gazette of State Governmenl. iI terms of thc guideiine No (vi) issued by the Fult Bench in the case of Vinjamuri Rajagopala Chary (Supra)_

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As such, the Norificarron in R.R.No.83 rn File No.E5/47 30 /2OL3l Quthbuttapur/ Quthbullapur, dated 25-09-2O13, is only a notice given for inviting ob1ections and suf1gestions and this cannot be the basis for refusal for refiistration of the subJect properties. In view of the safire, Gazette Notihcation in R-R. No.83, dated 2S_Og.2Ol3, communicated by the Joint Collecto., Ranga Reddy vide Filc No-ES laZ3O/2O13 / Quthbultapur/ Caj Lrlarama.am, dated 25.09.20I3, 2) Deputv Cotlector & Tahsildar Q uthbu llapur Mandat, Fite N o.B / 5a3 / 20 t2, d.ated tZ.O2.2O 12 and the GazetLe Notihcation No. 134, dated fO.O3.2OOS and G.O-Ms.No,292, datcd Og O3 20O5 arc not in consonance to lhe provisions of Section 22-A of rtre Regisrration Act, t9O8 and 22-A(l)(e) and Clause (vi) of the g}idelines and the same cannot bc relerred for the purpose of denying registration of the subject properties. Consequently, reference made vidc in l'ilc No E) l+730 l20 t3le uthbullapur,r Gajularamaram, and

I I

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File No.E5/4730,/20^t 3 /Q uthbu^llapur'/ Qu^{thbultapur,datcd 25 09.2O13} and File No.B/58 3l2Ol2 daLcd. 17^.O2.2O12 of the Taisildar, Quthbullapur Mandal, are declared as illegaL, arbitrary^{and bad in law and arehereby} set aside.

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Accordingly, w P. Nos.9645^{of 2O2l and 26353 of 2023 are ailowed}

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This Court oo 22.09.2023,^{while directing the Registeringauthority} to receive and^{processthe documentwithout reference to the letterdated} 17.O2.2O12, and the Notiftcation^{in R.R. No.83 dated25.O9.2013, had} directed the pctitioncr not to^{resort to furtherconveyanceof the subject} property without leave of this Court^In this^{regard,it is madeclearthat} since these writ^{petitions(W-P.Nos.9645 of 2O2laod26353 of 20231 are} a.llowed, the condition that^{was improsed to the effectthat not to resort to} further convcyance of^{thesubjectproPertyisherebyrecaLled.} Thc Registcflng Authorities^{are drrcctedto make necessalrchangesin the} records-

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It is made clear that mere^{registrationof thedocumentdoesnot} conter title on the subject^{propcrty and it is also made clear that this order} would not have any beanng on all^{thosematters where title/rights of the} parties are pending bcfore the authorities either in^{revision/appealsfor} adj udication,afld in any othcr^{case thts order also doesnot preclude the} pariies in asserting thcir rights bc{ore a competent^{Court oflaw.} There shall bc no^ordcr as^{to costs."}

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Since Lhe issues involved^{in this isrit petition are similar to those tlat}

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I have been considcred by this^{Court in thc commonorder dated 22.03.2024} I passed in W.P. Nos.9645 of 2O2l and^{26353ot 2023 and for the reasons} alike, this writ petition is allowed^{in termsof 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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g. It is made clear thaL^{inthc prcsentwritpctition this Court,} while granting thc interim order^{dated OB.03 2O2 l, the condition stipulated}

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s.P. No s2A4 0r 202 r

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to thc cxtent o[ l]ot to resort to further conveyance of thc subJect property rvithout Leavc ol this Court rs hereby reca_lled and consequently, the Resistering aufhorities a.re directed to rnake necessaij. changes in the rccords. There shall be no order as to costs.

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As a sequel, miscellaneous applications, if any pending, shall stand

closed

To,

//TRUE COPY//

SD/- C. PRAVEEN KU R ASSISTANT EG R SECTIO OFFICER

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1 The Pnncipal Secretary (Revenue), Secretariat, State of Telangana, Hyderabari

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2 The Distfict Registrar, Medchal- Malkajgiri District.

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3 The Srrb Registrar, Qutbu apur, Medchal - Malkajgiri District.

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4 The Collector, lr4edchat - Ivlalkajgiri District.

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5 The Tahasildar, QuthbullapurMandal, Medchalf\Iatkajgrn District.

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6 One CC to SRt KATTKA RAVINDER REDDY, Advocate tOpUCl

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7 Two CCs to^'Cp fOn STAt\rpS AND REGISTRATION, High Court for the State of Telangana. [OUT]

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Two CD Copies

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!3fglg ryLt!_,^{Copyof commonorderdated22.03.2024 passed in} W.P.No.9645 of 2O21 and 26353 of 2023.) GBR

lut'

HIGH COURT

DATED:16104!2024

ORDER

WP.No.5284 of 2021

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ALLOWNG THE WRIT PETITION WITHOUT COSTS

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tt<br>6<br>

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2 w.P. Nos 964s oa 2o2r aaa 263s3 oa 2023

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

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W.P. Nos. 9645 of 2O2L and 26353 of 2023

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COMMON ORDER:

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Since the issues involved in these writ^petitions are common for consideration they are being disposcd of by this common^order.

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W.P. No.9645 of 2O2L has been filed seekin^g a^writ of^{mandamus to} ': declare the action of the 3'd rcspondent^i.e., Sub^Registrar, Qutbullapur, Medchal-Malkajgiri District, in refusing^{to receiveand register the sale deed} presented by the petitioners in respect of^property House bearing^{No.O3 022,} and Plot bearing No.O3-022/NR, with a^plinth area^{of 435 sq.fts.,} Commercial and 400 sq.fts., Residential in Ground^{Floor and 835 sq.fts., on} Frrst floor, thus totally 435 sq.fts., Commercial in Ground^{Floor and1235} sq.fts., residential in Ground and first floors, on^{PlotNo. 1034, and land} admeasuring I 42 sq.yds., covered under Block^{No.3 and WardNo. 1} ,ⁱⁿ Sy.No.107, situated at Weaker Section Housing Colony,^{SuraramColony of} Suraram village, Quthbullapur Mandal, and^{Municipality, under GHMC,} Medchal-Malkajgiri district^(herein after^{referredto as'the subject property')} basing on prohibitory list under Section^{22-A of RegistrationAct as per the} 1. Ranga Reddy District Gazette^{NotificationR.R.No.83,communicated by} Joint Collector, Ranga Reddy^{vide File No.E5/473O} /2OI3 /Quthbullapur/ Nizampet dated 25.O9.2013,2.^{DeputyCollector & Tahsildar} Quthbullapur Ir4andal, trrte No.B/583 /2012, dated^{17.O2.2072and 3. GazetteNotification} No. 134, dated 10.03.2O05 and G.O.Ms.No.292,^{Revenue (Registration.l),} 9,h Marcl'r 2OO5 communicated by^{Commissionerand Inspector General} (R&S), I{yclerabad vide File No.G 1/4661/2OO5,^{dated02.O7.2OO5,is illegal,}

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ravsK, J w.P r{or 96as of2o2l r.n26351612023

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arbitrary, in violation of Articles 14, 2l and 3OO-A of Constitution of India and also in violation of Regrstration Act, 1908 besides in violation of principles of natural justice and consequently dircct the respondent No.3 herein to receive and register the sale deed presentcd by 1[6 petitioners, in respect of the House bearing No.O3.O22, and plot bearing No.O3-O22/NR, with a plinth area of 435 sq.fts., commercial and 4OO sr1.fts., residential in ground floor and 835 sq.fts., in first floor, thus rotally 435 sq.fts., commercial in ground floor and 1235 sq.fts., residential in ground and first floors on plot No. iO34 and Iand admeasuring I1'2 sq._\ds., covered under Block No.3 and Ward No. 1O7, situated at Weaker Scctior.r t{ousing Colony, Suraram Colony of Suraram Village, Quthbullapr,rr Mandal and Municipality, under GHMC, Medchal-Malkajgiri ciisrrict.

¶97

W.P. No.26353 of 2O23 has been filed sccking a writ of mandamus questioning the action of the respondcnt No.3, Sub-Rcgis,rrar, Quttrbullapur, Medchal-Malkajgiri in not receiving and registering the sale deecl presented by the petitioner in respect of alt that the t{ous(. No.28 169/a/2/l (PTIN No-If 5160f 839), with ptinth area o[ 45O Sft., of IiCC rr-r ground floor and 450 Sft., of RCC in first floor, thus the total plinttr are is 9OO Sft., (G+ 1) of RCC admeasuring 1O0 square yards or 83.67 sq.nreters (covered unde r Block No.28) in Survey No. 15 i , situarcd ert l,taruthi Nagar of Quthbullapur^village and Mandat, under GHMC Qtrthbullapr-rr Circle, Medcal-Malkajgiri district, Telangana State (hercrnalicr rclerrecl to as 'thc subject Property') on the basis of prohibitor_,- Iist trrtrk:r Scctir>n 22 A of thc Registration Act, I9O8 as per the L Rang:r ReCd' Distrr.t Gazette

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¶99

u, P. Nor C64s or202r

¶100

Notification R.R. No.83, communicated by Joint Collector, Ranga Reddy vide Fite No.E5l4730/2013/Quthbullapur/Quthbullapur dated 25.O9.2013, 2. Deputy Collector & Tahsildar Quthbullapur Mandal, Fite No.B/583/2012, dated 17.O2.2O12 and 3. Gazette Notification No.134, dated 10.O3.2005 and G-O.Ms.No.292, Revenue (Registration.I), 9th March 20O5 communicated by Commissioner and Inspector General^(Revenue & Stamps), Hyderabad vide File No.G 1/4661l2OO5, dated 02.O7.2OO5, as illegal, arbitrary, in violation of Articles 14, 27 and 300-,{ of Constitution of lndia and also in violation of Registration Act, I908 besides in violation of prrnciples of natural^justice and consequently direct the respondent No.3 to receive and register the subjict property without referencc to the Gazctte No.83.

¶101

Brief facts of the case in W.P. No.9645 of 2O2L are that the vendor of the petitioner is the absolute owner and possessor o[ thc subject property and having purchased the same through rcgistered sale deed bearing document No.745l/2072, dated 12.O7.2021 , the petitioner and his predccessors are in the title and in peaceful possession, '"vith.out there being any interference from any quarter. It is submitted that the^petitioner has prepared the sale deed and also paid Challan on 18.02.2021 and the same was presented before the 3'd respondent for registration, but the 3.d respondent has refused to receive and register the same on the^ground that the subject property is located in Sy.No- 107,^{situatedat WeakerSection} I lousing Colony, Suraram Colony of Surat'am viltage, Qutl-rbullapur^Mandal ancl Municipality, under GHMC, Mcdchal Mall<ajgiri^{District, rvhich is under}

¶102

I'rvsK, J w P. Nos 964s of202r ,nd 263s3 6f2023

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

¶105

" l . The property is Govcrr-rment land, notilied as 1;rohibited property u/s 22 A of Registration Act as per thc Rarrga Reddy District Gazette Notification R-R.No.83, Communicated by Join( Collcctor, Ranga Rcddy vide File No.tr5/4730 12013 / Quthbultapur/^{Nizampet, dated 25 09 20 13.}

¶106

2 Deputy Collector & Tahasildar Quthtrullaprrr Mandal, File No. B/583/2012, dated 77 O2-2O12.

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3 G:rzette Notification No.l34, datcd 10-O3 2005 and G.O.Ms No.292, Revenue (Registratron.l), 9th March 2OO5 communicated by Commrssioner and lnspcctor Gent:ral (R&S), Hyderalrad Vide Filc No.Cl la66l/2OO5, Dt.02-07-2OO5."

¶108

Chalienging the said aclicn o[ the 3,,i respondent. the petitioner filed the present writ petition.

¶109

Brief facts of the casc rn W.P. No.26353 of 2O23 are that the petitioner is the absolute owlter and possessor of the subject property having purchascd the sarne vidc salc dced Document No.4914 of 2OO7, d,ated, 22.03.2007, registered zrt SRO-, Ranga Reddy. It is submitted that due to his family necessities has offered to sell the sulrject property to the prospective purchaser and having come to know about the sar[e, the prospective purchaser approached and expresserl his willingness to purchase the said propert_v and ul)on oflcr and acccptancc, both the parties have agreed to go lrrrther and cntr:red into sale agrccmcnt and presented the same for registration bclore thc rcspondent No.3 on 12.O9.2023 but the respondent No.3 has rcfusc'd 1o r-eceive an<{ rcgister I hc salc deed on the

¶110

6 w P. Nos.964s or202r and

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Bround^{that the subject property is locatcdiuSy.No.151, situated at} Maruthi Nagar of Quthbullapur village and Mandal, under GHMC Quthbullapur^{Circle, Medchal-Malkajgiri District, as pcr the listin} Notification R.R. No.83, dated 25.O9-2013,^whichis under^prohibitory list as per the Section 22-A of the Registration Act, based on the following information.

¶112

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

¶113

Deputy Collector & Tahasildar Qutl.rbullapur Mandal, File No. B/583 /2012, dared t7-O2 2012.

¶114

Gazette Notification No. 134, dated lO 03^2OO5 and G.O.Ms.No-292, Revenue^{(Registreltion.t),} 9'r'^{March 2005} communicated by Comrnissioncr ancl^{ltrspectorGeneral(R&S),} Hyderabad Vide File No.Gl1466rl2oo5,^{I)t.02-07 2oo5."}

¶115

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

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

¶117

On behalf of thc respondent No.3^{inW.P No.26353 of2023,} while denying the writ averments, coulrtcr^{affidavithas been fied,inter olia,} stating that on verification of ttre^{prohibitory watchregister, the land} bearing in Sy.No. I5l , situated^{at Marutl'ri Nagar of} Quthbullapur^villageand Mandal, under GHMC Quthbullapur^{Circlc.Mcdchal-Malkajgiri District,}

¶118

¶119

d 263S3 0r 2023

¶120

is classificd as Got,crnrnerrt land, as such it is prohibited for registration under Scction 22 h of the Registration Act, 19O8 as per the lollowing rccords.

¶121

a) "Ranga Reddy District Gazette notification R.R. No.83 cornrnunicated by Joint Collector Rangareddy vide File No.E5 I a7 30 /20 13 / Q uthfullapur/ Quthbullapur, dated 2 5.09.2013.

¶122

b) DeprLt_1, Collector and Tahsildar, Quthbullapr-rr Mandal Filc No B/583 /2012. dated 17.O2.2O12 and

¶123

c) Gazette Notification No. 134, dated 1O.03.2O05 and (l.O.lr{s No.292, Rcvcnue (Registration.l), 9tt, }larch 2005 <-ornrnunicated by Commissioner and lnspector Gencrll (ltcgistration & Stamps), Hyderabacl vide FiIc No^(;114ti6I /2005, dated 02.O7.2OO5."

¶124

It is srlbmittcd that in l)ursuance to the interim direction passed try this Court or]. 2).O().2023 in the rvrit petition, the subject properly in the writ petrtion rvas rr:gistcrcd vide Document No.26a59 /2023 registered at SRO, Quthbtrllal;ur. [t is lurther submitted that in the interim order dated 22.09.2023 passcd by this Court, reference of Civil Appr:al No.4223 ot 2O IB and batctr has lreen taken whcreunder the Hon'ble Apex Court directed that the Registration rnay go on pending the writ petition challenging the validity o[ Section 22 A ol thc Registration Act. As the validity of the Sectiou 22-A of the Act is upheld ir_r, the t)ivision Bench of this Court vidc its ordcr dated 19.lO-2O23 in W P No 28.lOO ot 2OO7 and batch, the interim orclcr passed b_y this Court (,rr ').2.O9.2023 rvill no longer survive, as suclt, pra_vcd to

¶125

¶126

d 26353 oa:o23

¶127

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

¶128

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

¶129

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

¶130

I 1. [t is further submitted that^{the subject property is private patta land} but for thc reasons best known to^{the authoritiesfor including the subject} property in the prohibitory list is badⁱⁿ law.^{It is furthersubmittcd that the} respondents' authorittes have failed to^{take note that the subiectproperty} had already been converted into^{plotslong back and a-lmostthe entirearea} was converted into residential colony.

¶131

It is lurther submitted that^{the authoritiesare refusing to receiveand} register the subject document^{based on a Gazettenotirlcation issued in the} year 2OO5, wl-tich was struck down^{by this Court in W.P. No.14099 oi 2003} while ptacing reliance on the^{judgmentrenderedby the HontrleSupreme} Court rn the case of State of^{Rajasthanand othets Vs. Basant Nahatar} and thcreaftcr. thc Government has^{issueda fresh notification underthe Act} 19 ol 2OO7, tlrerelbre refusal^{for registrationof the subject property on tlle} ground of 2oo5 notification is bad^{in law and the same is held by this court}

¶132

'zoos^{(el arr r: (sc)}

¶133

9 w P. N )s e64S or 202 r and 263s3 0f 2023

¶134

in the case o[ T.Yedukondalu Vs. The Principal Secretary to Government2

¶135

It is further submitted that the Gove.rnment Order s, which are relied on by the rcspondent No.3 in rejecting for rcgisl.ratir)n of the subjcct property rs G.O.Ms.No.786, dated 09.1 1. 1999, rvhich stipr-rlats prohibition of registration of docurnents on the ground that they are opposed to public policy thcrefore 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 prohibitoq, lisl published under Section 22-A oi ihe Registration Act vicie G.O-Ms.No.28O to 296, dated 10.03.2005, vide File No.Gf /a661l2OO5, dated O2.O7.20O5, Gazette Notification No. i34, dated 1O.O3.20O5 is illegat ancl arbitrary and in violation of Articles 14,21 and 3O0-A of the Constitution o[ lndia and that thc action of the 3'd respondent in refusing to rcceir.e and register the subject property basing on the Notification vide R.ll.No.i33, issued by the Collector, Ranga lteddy District, is bad in law as he rsi not colnpetent to issue such notification or directions to the 3.d rcsponden t officc.

¶136

I4. The learncd counsel for the petitioner would [rrrr her srrbmil lhat in similar circumstances, this Court in W.P. No. I l33O of 2Ol9 and in W.P. No.16899. of 2Ol9 directed the authoritics to rcgistcr and rclcase the documents.

¶137

')2011^(4)ALD43

¶138

NVSX, J 263s! oa 2(,23

¶139

¶140

I 5. On the other hand, the learned^{GovernmentPleaclerlor Stampsand} Registration appearing for the^{respondentswhile reiteratingthe counter} avermcnts would submit that^{the Division Bench of this Courtin} W.P. No.283OO of 2OO7 and batch^{wherein the validityof the Section22-A of} the Act has been challenged^{vide order dated19.10.2O23 passed order} validating the Section 22-A of^{the RegistrationAct-Hence, he soughtto} dismiss the writ petition.

¶141

INTERIM ORDERS:

¶142

From a perusal of the^{proceedingsin W.P. No.9645 of 2021,this Court} on 28.O4.2021, passed the^{following interim orde r:}

¶143

"l'lcard learned counsel for the^{petitioner, Iearned} Government Pleader for^{Revenue andlearned Special} Government Pleader appearing^{for learnedAdvocateGeneral'}

¶144

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

¶145

The deed of conveyance^{presentedby the petitionertn} respect of House bearing^{No.03 O22 and Plot bcaring} No.O3-022 NR with a^{plinth area of 435 sq lect conlmercial} and 400 sq. feet residential^{in ground floor and t235 sq feet} rcsidential in ground and first^{floors on PlotNo- lO34:Lndland} admeasuring 142 sq.^{yardscovered under Block No.3and} Ward No. 1 in Survey No.lO7^{situatedatWeaker Section} Housing Colony, Suraram^{Colonl, ofSuraram Village,} Quthbullapur^{MandatandMunicipality,under Gt{MC,} Med<:hal - Malkajgiri District,^{was refused lor rcgistratronby} relerring to File No.trs /47 30 /2O¹³ / Qu^{thu butlzrpur/} Gajularamaram , dated^{25.O9.2013,File No.B/583/2012clated} 17 -O2.2O12 of the Tahsitdar, Quthubuttapur^{Mandal,Gazette} Notitlcation No.134, dated^{1O.O3.2OO5, and G.O.Ms No-292'} clatert O9.O3.2O05-

¶146

¶147

d 264s7 0t 2()23

¶148

Ar:cording to le:rrned counscl for thc pctttioner, the Gaz('ttc Notihcation rv.ls sct asidc by the Divisron Bench of this Court in judgmcnt, dated 07. 12.2OO5, in W.P.No.14099 of 2003 and batch. Though aftcr this Judgment, Sectkrn 22,A of the Relgistr:rtion Act, 1908 was amendcd, no further notification rvas issued as rcquired by the Registration Act. Howevet, on 25.09.20 t3, the District Collector issued preliminary notification calling for objcctions. This notification was lountl to [)e clefecttve by this Court in W.P-No. t9069 of 2014, dated 25.Oa.2O14. The letler daLed l7.O2.2O i2 was issued by the Tahsildar notifyintj thc particular propcrty as the Government land and requesting the Sub-ttegrstrar not to register an1' deed of conveyancc.

¶149

Havrng rcgartl to dcclaration glvcn t)y the [.uLL Bench of this court in Vinjamuri Raiagopala Chary w, State ofAndhra Pradesh [2O16 (U ALT 55O {FB}], thc authoritv competent to notify is the District CollecLor.

¶150

This clearly strows that t ller(,' was no application of mind b1, the revcnuc author rtres and b1, the Sub Ilegistrar in rejecting thc clocumcnt for rcqistration On thrs issue, sevcral writ petitions are filt:d^'l'horrg[r, they arc glaring, so far the Governrrent has not applied ils mrnd and measures are put in place to strearnlinc registration process affecting cilizens.

¶151

Subject to furthcr consrderation of thc issrre after the judgment of thc Hon'ble Supreme Court in Civil Appeal No.4223 of 2O18 and batch, thc provisions ofsecl ion 22-A of the Registration Act:rnd thc orders rssued by this Court in various writ pctitiotls. b]: wliY of interrm order, the respondent registratron aLrtlroritY rs directccl to Ieccive and process thc doculncnt, q,ithout rcfercncc to thc lettet' dated 17.O2.2O12, and thc Gazctte Notificalion, dated ,,.5 09.2013, subjcct t() compli:rucr: oI Provisions ol-the Incli.rrl Ilegistration Act, l90U arrd [ndi;rrr Stilmp Act, 1899 ernd to a:,certain the

¶152

ilvs(, J w-P. Nos.9645 ol2O2l .n.126353 ol2O23

¶153

¶154

status of land, as reflected in the rcvenue rccords.^{I[ the deed} of conveyance complies with all the reqllirements^{and thereis} no embargo in accepting the document for registration, the Registering Authority shall register and^releasethe document. However, any such action shall^{abide the result of} the writ petition. Further,^{petitioner is directednot to resortto} further conveyance of the subject^{propertywithoutleave of} this Court."

¶155

From a perusal o[ the^{proceedingsinW.P- No.26353 of 2023} ' this Court on 22.09.2023,^{passedthe followinginterimorder:}

¶156

"Notice beforc admission

¶157

karned Assistant Governmcnt Pleadcr^{for Stampsand} Registration waives notice lor^{RcspondentNos.I to 5'}

¶158

Heard Sri T.V-srikanth, learned^{counselfor the Writ} Petitioner as well as Sri^{B.Dileep Kurnar, lcarnedAssistant} Government Pleader for Stamps^{and Registration,who is} representing Respondent Nos.l to^5.

¶159

This Writ Petition is filed^{seeking the Court to declare} the inaction of the 3'd^{rcspondcnti.c.,Sub-Registrar,} Quthbullapur^{Mandal, Meclcllal-Matkajgiri District,in} receiving and registering the^SaleDeed Presented^{by the} petitioner irr respect of House No.28-169/4/2/1,^admeasuring IOO.O Sq.yards, located in^{Sy.No.151(CoveredunderBlock} NO.28) of Maruthi Nagar, Quthbultapur^{Village and Mandal,} under GHMC Quthbultapur^{Circle, Medchal-Malkajgiri} District, on the Sround^{that the Sltrvcy numberwhere the} House is located is notrlted as^{prohibited propertyunder} Section 22A of lhe Registration^{Act vide Gir.zette Notification} No.ES/473012c13 dated 25.09.20t3 and File No.B/58312012, datecl^{17.O2.2012,as rllegal and arbitrary} and consequently to direct^{the said Public Authority to receive} and register the said^docurnent.

¶160

¶161

Lc;rIncd c:ounsel for thc petitioncr states that the Dtvision Bcnch ol this Court, through rtrdcrs dated 07.12.2O()i, in lV.l,.No- 14O99 of 2003 and Batch, has sel asidc lhc Gazettc r.rotificatron and no furthcr r)otification was issucd as pcr larv. I-earned counsel for the petitioner statcs that tl-rc Registering Authority has thus no power of refusal to reccive the document, [,earned counsel l;rought to thc noticc of lhis Court lhc order of this Court in W.lr.No.4236 of 2021, datr:d 25-02.2O2 l, wherein this Court obscrved as follows;-

¶162

"The deed of conuegance presented by the petl[ctn<:r in respect of Ltouse l:earing No.28-1741218 ulith a plintlt orea of 2 I OO sq. ft , G+2, and Pent House on plot bearing No.218, odmeasurin-g 1O5 Sq yards in Sy.No-151, Vij a g a n ag a r C o lo n q, M a nt t hi N ag ar, Quthbultaput Villag e, GHMC Arcle, Meclchal Malkajgii Distict tt)as relused for registretion by referinq to File No.E5/4730/2O13/ Quthbutlapur/^{Niz<tml.tet,dated} 25.O9.2O 13, FiIe No.8/ 583/ 20 12 clctt<:d 17.02.2012 of the Tahsildar, Quthu^{buu p ur Mo tr.kt} L^Goz,e tte notilication No.l3 4, dated 10 O-1.2O05 antcl G.O. [t/[s. No.292 dated 09.O3.2OO5.

¶163

Accordutq to [carned counsel for the petitioner, the qoze.tte. notllccLtion u.)as set oside bA the Diuision Bench of thts Court in. judgmen| dated O7.12.2OO5, in

¶164

lU P.No.l4O99 of 2OO3 and botch. Though after this Judgmetlt,^{Sectrctt22 A of the Registration} Ac|^{19O8 (for} short, tlrc Act') wes amended, no furlher notifcation tDas tssucrl as requtrecl by tltc Act. Houteuer, on 25.O9.2O 13, lhe Disltict Collecior issued preliminarg notifcalion calling Jor^{objectrcnsThrsnottfcation} was found to be defectiue ltg tltts Court itt ll/ P No.19069 of 2O14, dated 25.O8.2O14. 'fiLe letter dated 03 O9.2O I I pa.s is.sued bg the Tahsildar notiJ'llLn(l thc porlit rtlar properTA as GoucrnJnent land and raquestulg firc .Srr/) Rcqi.stror not to reglster any cleed of ao t7t.'eu 11tlc(, .

¶165

¶166

W.P. Nos.964s of202l :nd 26Js3 of2023

¶167

Hauing regard to cleclaration giuen bg the FulL Bench of this Court in Vtnjamui Rajagopala Charg^u. State of Andhra Pradesh [2016(l) ALT 550^{(FB)], the} authoity conrpetent to not[fg is the District^Collector.

¶168

This clearly shot s there LUas no application of mind by the reuenue authorities and by the^Sub Registrar in rejecfing the document for registration On tfus^issue seueral turit pctitions are Jlled. Though,^{theg are glaing,} so far Gouernment hc-s not applied its mind^{and measures} are put in place to streamline registration Process^affecting citze rts.

¶169

Subject to further consideration of the issue^after the ludqment oJ the Hon'ble Supreme Court in Ciuil^Appeal No.4223 of 2018 & Bath, the prouisions of^Section 22-A^of the Registrotion Act and the orders^{issuedbg this Court in} uaious LLit petitions, bg LUIA of inteim^order, lhe respondenl registration authoitg is^{d-irectedto receiue} anrl process the deed of conuegance, uithout^referenceto the letter dated 1 7.O2.2012 and the Gozette^Notiftcation dated 25 O9.2C13 subject to compliance^{oJ prouisionsof} the InrlLan Regstration Act, 1908 and Indian Stamp^Act 1899 and to ascertoin the status of land, as^{reflected in} the reuc,nue records. tf the deed of conuegance^complies uttth all the rcquirements^{and there} is^{no embargo in} accepting the document Jor^{registration, the Registeing} Authority shall register and^release the^document. Horueue r, ang such action shall abide^{the resultof the urit} petittott Furtlrcr petiioner is dlrected not^{to resortto} furtlu:r^{conueganceof the subiect propertA utthoutleaueof} Lltis Court.^'

¶170

Lear-ned AssisLant Government^{Pleaderdid not bring to} thc noticc of this Court anything^{to hold that the present} writ Pctition sliulds on a different footing^{as tfrat o[ the} writ l)etitron that is referrcd supra,

¶171

nvsK. J

¶172

¶173

The refbrc, pending consideration of thc ruatlcr, which would br: takcn after the jrr.rlgment of thc Hon'blr Supr crne Court in Civil Appeal No.4223 of 2018 and Batch, lllis Corrrt is o[ the vie[, that an interim order can be issucd dr] (:cting thc Registering Authority to receive and procecd ,^'ith the registration in case thc deed presented is in accorrlirnce rvith the provisions of the Registration Act, l9O8 and [ndr;tn Starnp Act, 1899.

¶174

Resultantly, thc Sub-Registrar, Quthbullapr rr Mandal MedchalMalkajgiri District, is directed to rcceivc ancl register the Sale Deed that would be presentcd by the pt'trtioncr in respect of the subject property i-e., in respect of ouse No.28-169/4/2/ l, admeasuring lOO.0 Sq.yaruls, iocated in Sy.No.151 (Covered r-rnder Block No.28) of Mtrrrlhi Nagar Quthbullapur Village and Maldal, under GLIMC Qurhbullapur Circle, Medchal-Malkajgiri District, without relcreir('c to th(l lctter dated 17.O2.2O12 and the Gazctte Notifrcarion clated 25.09.2013, however on compliance o[ the provisr,rrrs o[ tlrt: Registration Act, 1908 and Indian Slarnp ,\r't, t899 The Registration be carried out after asccrtaining tlr(' status oI land as rcflected in the revenue records. Thc [)arties arc prohibited from procecding with furtl.rcr convcyalr.e of thc property except on obtaining required permissron ll om thrs Court. Further, the registration shall be sub.lect to thc linal rcsult of the writ petition.

¶175

Registry to rnakc an endorsement on the Wr rl petition to thc effect that ttre same shall not bc perrnrltcd to bc withdrawn.

¶176

List on 11.10.2023-"

¶177

ANALYSIS:

¶178

18 l. thc cases on hand, what was issued b_r' thc Dr,itrict Collect.r rv.s onl_, a Notification in R.R. No.83 dated 25_Og.2O13 calli.g lor objections and

¶179

16 W P N.s 9645 of2o2r .n

¶180

suggestion on the proposal from all persons, who are likely to be affected thereby for being taken into consideration by the Govcrnment and so far the District Collector has not exercised the power vested under Section 22-A of the Act. The issue of inclusion of properties in the prohibited [ist, not accepting the documents for registration and the scope of Section 22-A of the Act were elaborately considered by the Full Bench of this Court in Vinjarnuri Raiagopala Chary. It is significant to note here that the decision of the Full Bench of this Court was carried to the Hon'ble Suprcmc Court in Civil Appeal No.4223 of 2Ol8 and batch. The Hon'ble Supreme Court granted liberty to the petitioners therein and any other aggrieved person to challenge the validity of Section 22-A of thc Act and dirccted thc High Court to decide the said validity. The Hon'ble Supreme Court has also granted interim direction of registration of deeds of conveyance, but such registration was directed to be treated as provisional suirject to the result of the writ petitions now pending before the High Court and the partics should not claim any additional equit5r. Eventually, thc [{on'ble Supreme Court held as under:

¶181

"7. We note that in all these appeals, registration has be en permitted making it subject to the result ol tl're appeals wrth a further condition that no further registration shall take place without permission from the Court- It is ordered that the registration already permitted by thrs Court shall^be trcatccl as a provisional registration subject to tlrc result^of the lvrit petitions now pending before the High Court, We ntakc it clear that merely because registration has been permitted, the partics shall not claim any additronal equrty. Wc [urther make it clear that without express permissiott frorn the Higlr Court, therc sl-rall be no further transfcr. Itr ordcr to^avoid

¶182

1.1

¶183

r{F Nor e64s or202r ard 26353 0t2023

¶184

further cl.ifliculty to the srmilar[-r, situarcd pcoplc, wt: make it clear that it rvrll be open to thenr to approach thc llrBh Court and seek appropriate and similar i[terim orctcrs regarding transfers during the pendcrlcy of tl)e writ l)etitions.

¶185

The learned senior counscl has pointed out that same mcchanism for rcdrr:ssal under Sectron 22 A (1) (c) may be made applicable as far as thc grievance in respect of Section 22A (l) (a) to (d) is concerncd. It is pointed out that even in respect of thc orders which l.rave otherwisc become final, they would be relegated to the samc authorilv and will be subject to further revision/appcal ctc. This is also a matter to bc considered by thc Higtr Court wllcrl the writ pctitions are finally heard- Therefore, we permit the parties to raise this contention also before the Bench coucerncd whilc crrnsidering the vires of thc Section, in order 1o rcach a worklrbk: solrrtion. The Court may consider the rssrrc ()n rts ou,n rner Lt and the impugned order shall not stand in that u,av.

¶186

We further make it clcar that wc hzrve not otherwise considercd thc mattcr on rnerits.

¶187

lO. In view of thc above, thc appcals arc disposed of."

¶188

Thereafter, thc Division Bench of this Cor-rrt in W.P. No,28300 of 2OO7 and batch had dealt with the validity o[ Scction 22 A of the Act as incorporated in the Registration Act, 1908 and r he Amer-rdcd Act, 19 of 2OO7 with effect frorn 20.06.20O7, which rv:rs undcr challenge. The Division Bench of this Court vide its common Judgmcnt darecl 19.10.2O23 had upheld the validity of the Section 22-A of thc Act.

¶189

For the facility of refcrcncc, Scction 22 A of t hc Act is extracted hereunder.

¶190

¶191

WP Nos 9645 ot 2021 .nA 263s3 o(2o21

¶192

"22 A. Prohibition of Registration o[ certain documents:--

¶193

( 1) The following classes ol documents shall be prohibited from registration, namely:

¶194

(a) documents relating to transfer of immovable property, the alienation or transfer of which is prohibited under any statute of the Statc or Central Government;

¶195

(b) documents relating to transfer ol property by way of sale, agreement of sale, gift, exchange or^{lease in respectof} immovable property owned by the State or^Central Government, executed by persons other than those^statutorily empowered to do so;

¶196

(c) documents relating to transfer o[^proPerty by^way of sale, agreement of sale, gi[t, exchangc^{or leasecxceeding(ten)} I0 years in respect of immovable^{property, owned by Religious} and Charitable Endowments falling under^{the purview of the} Andhra Pradesh Charitable and Hindu^{Religiouslnstitutions} and Endowments Act, 1987 or by^{Waklslallirrgunder the} Wakfs Act, 1995 executcd by^persons othcr than^those statutorily empowered to do^so;

¶197

(d) Agricultural or urban lands declarcd as surplus under the Andhra Pradesh Land^{Rctbrms (Ceilingon} Agricultural Hotdings) Act, 1973^{or the Urban Land (Ceiling} and Regulation) Act, 1976;

¶198

(e) Any documents or ctass o[ documents Pertaining to the properties the State Government^{may, by notification} prohibit the registration in which avorved or accrttcd^interests of Central and State Govcrnnlents,^{l-o< al lJodtcs, Educational,} Cultural, Religious ancl Charit:rblc^{lt-Istitutions,tlroseattached} by Civil, Criminal, Rcvcnue^{Courtsarrd f)trcctat1dIndircct} Tax Laws and others^{which nre likely to a<lversclvallectthese} interest.

¶199

¶200

(2) Irol thc purpose o[ Clause (c) of sub scction (l], thc Statc Goverrrrnent shall publisl-r:r notification after obtaining reasons lor ar:cl lull clescription of properties furnislred by thc District Collcctors concerned rn the malner as mav be prescribr:d,

¶201

{3)^{Notwithstanding anything} contained in this Act, the rcgistering ofhccr shall refuse to register any document to whictr a noLification issued under Clause (e) of sub section (1).

¶202

(4 ) Tlre State Governrnent either suo motu or on an application by any person or for giving effect to the final orders of the tligh Court of Andhra Pradesh or Supreme Court of lndin may proceed to denotify, either in full or in part, the l-rotificatlon issuccl undcr sub- section (2)."

¶203

The Division Bcnch of this Court in the above batch of W.p. No.28300 of 2OO7 vide its (:omrnor).judgnrcnt dated 19. LO.2O23 at para No.25 held as under

¶204

"'25.^'lhus, from a pcrusal o[ the statement i of Objects and Reasons, it is cvident ttrat Section 22Aiot the Act has been incorporalcd to entpolvcr the Government I to notiry the registration of srrch docurnents or class I of documents as opposed to public policy ancl to reject their registration. The Act has lreen anrcndcd to ovcrcome the deficiency pointed out by a Divrsion tsench of this Court and the Supreme Court in Basant Nahata (sut)ra) and to avoid ilfegal transactions of transfer of property r-elating to Government, religious and charrtal;le institutions. TIle object of the provision is to I)rolcct^{the vacant lar-rds as well} as the properties in which Statc^{(iovernrtrctrt} hils cither avowed or accrued interest, J)rol)(:r^{trcs t>clonging} to locaI bodies as well as rcligious and char rtablt: irrstitutions irrrcl wakfs Witl) rapid increase of I)opulalion^atrd rndltstrtrlrzation, the prices of land available Ior agricrrIttrrc arrd ]rrirrran inhabitation harre slivrocketecl.

¶205

Itvsx, ., v P. Nos 96as of2021 ud 263s3 ot 2023

¶206

¶207

The land mafia and unscrupulous elements are^grabbing the land and encroaching the public and private Properties and are also executing the registered documents^affecting immovable properties of third parties. The aforesaid activity of grabbing vacant lands is a social evil which is sought to^be remedied by enacting Section 22A of the Act."

¶208

The Division Bench of this Court in^{its judgment dated 79 -IO.2O23} also referred the Full Bench^{paragraphs155} and^{156 at para 30, which} reads as under

¶209

"30. Thercafter, the Full Bench of tl.ris Courtⁱⁿ Vinjamuri Rajagopala Chary in^{paragraphs155 and 156 of} its decision held as lollows:

¶210

"155. Irurther, as noticed earlier the State Government^is empowercd either suo motu or on^{applicationto considerthe} grievances against inclusion o[ any property in the^prohibitory Iist under Section 22-A of Registration Act and^isalso empowered to de notity either in full or^{in partthe notilication} issued under sub-section^(2). In our opinion,^{the redressal} mechanism is avarlable only with respect to^{notifications} published retating to the properties falling under^{clause (e) of} Section 22-A. Hence, any^grievance of the^partieswith reference to the properties covered by^{clauses(a) to (d) will} have to be questioned by the^{aggrieved parties onlyby} appropriate proceedings before a^{competentCourtand the} ad.judication by such Court^{would be final. Further, so far as} notified properties fatling under clause^{(e) are concerned, the} redressal mechanism undet-^{subsection (4) of Section22-A} rvoulcl be al)le to effectively address the^{grievanceprovidedthe} mechanisnt ttrereunder is effective,^{expeditious,fair,ancl} judicious.^'I'hus, in order to make an effective^redressal mechanisn't, ne deem it appropriate^{to direct therespective} Governments of both the States^{to constitute a Committee or}

¶211

t{vsx. J d 2635f, o4 2023

¶212

21,

¶213

estabhsh :t Forum within time frame, ma1, bc conrpr ising of Prrncipal Secr ctary of Revenue, Director o[ Strrwe,v and Land Ilccor<ls ard a retired Judicial Ofhcer of the rank ol a Districl Judge u,hich shall meet periodically to considcr thc qrievances o[ the persons affected by the notifications.^'lhe Committec shall bc empowercd to examine relevant records and then pass a rcasoned order either accepting or rejecting thc grievance by either confirming/deleting/ moditying any such property from the notified list of properties. ln our vicrv, such orders passcd by the Committee shall be binding orl thc Statc as u.ell as on the aggrieved person and in the event of any of them being aggrieved thereby, they shall har.,c to approerch a competcnt Court of I-aw for redressal of thcir gricvancc

¶214

i56 Wc, tirus, summarize our conclusions anci rssue directions :rs lollows :

¶215

(i) Thc authorities mentioned in the guidelines, wl.rich are obligcd to prcpare lists of properties covered by cl:ruscs (:l) to (d), to be sent to the registering authorities urrclcr thc provisions of Registration Act, shall clcarly indicate the rclcvanl clause under which each property is classilieri

¶216

(ii) Insofar as clause (a) is concerned, the concerrred Distrrct Collectors shall also indicate the statute under rvhrch a transaction and its registration is prohibited. [.'urther in respect o[ the properties covered under clause (bl, tlrcy sl-rall clearly rndicate which of the Governmentl own thc lrr operty.

¶217

(iii) Insofar as paragraphs (3) and (4) in the Guidclines, covering properties under clan-rse (c) and (d) are conr;erned, thc aut ho ties contemplated therein shall also lorw{rrC to thc rcgisteIrng authorities, along with [ists, thc cxtr:tcts oI regrsters/gazctte if the property is covcred by eittrcr cnclorvnrent or wakf, and declarations / ordcrs nradc Lrncler the provisions of Ceiling Acts if the property rs covcrecl under clar rse lcl).

¶218

I{VSK, J and 263sJ of 2o23

¶219

¶220

(iv) The authorities forwarding the lists of^properLies / Iands^to the registerrng authority shall^{also upload thc same to the} website of both the Governments, namely^{igrs.ap.gov-in of the} State of Andhra Pradesh and registration-^{telangana. gov.inof} the State of Telangana. If there is any^{change in the website,} the State Governments^. shall^{indicatethesametoall} concerned, may be by issuing a^{press note oran} advcrtisement in prominent daily^{news papers.}

¶221

(v) No notification, contemplated by sub-section⁽²⁾ of^Section 22A, is necessary with respect^{to the propertiesfalling under} clauses^(a) to^(d) of subsection^{(1) of Section22-4.}

¶222

(vi) The properties covered under clause^{(e) of Section 22 A} shall be notified in the^official Sazette^{o[ theStatc} Governments and shall be^{forwarded, along with the list of} properties, and a copy of the relevant^{notification/ gazette, to} the concerned registering authorities^{under the provisions of} said Registration Act and shall^{also place the} notification/ gazette on the aforementioned^{websites of both} thc State Governments. The^{Registeringauthoritiesshall} makc available a copy of^{the Notification/ Gazette on trn} application made by^an aggrieved^party.

¶223

(vii) The registering authorities^{would be justified in refusing} rcgistration of documents^{in respect of the propertiescovered} by clauses^(a) to^(d) of subsection^{(1) of Sectio.n22-A provided} the authorities contemPlated under^{theguidelincs,as} aforcmentioned, have communicated^{the lists o[ propcrtres} protiibited under these clauses.

¶224

{viir}^{'l-he concernedauthorities,whichare obltged to frrrnish} tlrc lrsts o[ properties covered^{by clauses (a) to (dl olsub} s(:ctron (l) of Section 22-A,^{and the concerncdRegistering} otticcrs sl-rall follow^{the guidelinesscrupulously}

¶225

¶226

d 263s3 0f 2023

¶227

(ix) tt is opeD to the p:rrrres to a doclrmel.rt, i[ thc rclevant property/land finds place in ttre Iist oI propertics <:r>r,ered b1, clauses la) to (d) of sub-secl ion (1) of Section 22 A, to apply for its deletion from the list or modrfication thcre()[. to the concerned authorities as provided for in the guidelines. The concerned authorities are obliged to considcr thc request in proper pcrspective al.Id pass appropriate order within six weeks from the date of reccipt o[ the application anrJ make its copy available to the concerned party.

¶228

(x) The redressal mechanism under Section 22-A(4) shall be before the Committees to be constituted by resper:tive State Governments as directed in paragraph 35.1 above. The State Governments shall consLitute such committees within eight weeks from the date of pror]ouncement of this judgnrcnt.

¶229

(xi) Apart from the redrcssal mechanism, it is also open to an aggrieved person to approach appropriate forum including Civil Court for either secking appropriate declaration or deletion of his property/land trom ihe lisr of prohibited properties or for any othcr appropriate relic[.

¶230

(xii) The dircctions isstrecl by lcarned singlc Judges rn six judgmcnts (W.P.No.2775 ol 2009, darcd 15.03.2O11; W.P.Nos.20O50 of 2O I I and batctr, dared O8.09.2O I l; w.P.No.26566 of 2O11, dared I8.01.20I3; W.p.No.30526 of 2012 and batch, dated 3,1,.12.201.2, W.P.No.314O9 ot 2Ot4, d.ated 29.O1.2O 15 and W.P.No.24587 of 2Ol4 and batch 01.06.2015) or any othcr judgments ctealing with the provisions of Section 22-A, tl are inconsistent with the observations made or dircctions issued in this judsment, it is made clear that the obsc:rvations nraclc and directions issued in this judgment shall pr-cvtril zrnd rvould bc bir-rcling on the parties including the registcring authorities under thc Registration Act or Gover nnrt nt o[[icrals or the officials under the Endoq,rnents Acr, Wirkf Act and Ce iling Acls.

¶231

lfvsK, J rvP xos.96as of 2o2I .nd 26353 o( 2023

¶232

¶233

(xiii) If the party concerned seel<s extracts of^the list/register/ gazette of properties covered^{by clauscs(a) to (e)} of Section 22-A (ll, received^{by the registertng officeron the} basis of which he refused registration,^{it shallbe furnished} within 1O days from the date of an application^{made by the} aggneved party.

¶234

(xiv) Registering officer shall not act^{and refusc registrationof} a document in respect of^{any propcrty furnished to him} the directly by any au thority/ officer other than ofhcers/ authorities mentioned^{in the Guidelines}

¶235

(xv) Mere registration of a document shall^{not confertitle on} the vendee/alienee, if the^{property is otherwise coveredby} clauses (a) to (e), but did not^{hnd place in the hsts furnished} by the concerned authorities^to the^{registering officers. In} such cases, the only remedy^{available to the authorittes under} clauses (a) to (e) ot sub-section^{(1) of Section22-A is to} approach appropriate^{forumsfor appropriate relief"}

¶236

From a perusal of the^{Notificationin R.R No.83, dated25.09.2013,} the subject lands were notified^{underSection22-A (ll(a) lor the purpose of} Section 22-A(ll. It is oniy^{a noticegiven inviting objections andsuggestions} on the above^{proposalfrom all persons who are likely to be affected thereby} for being taken into consideration^{by the Governmenl.The details of the} properties mentioned in the^{annexure states that the subject lands are} Government lands.

¶237

Section 22-A^{(I) (e) of the Act manifests that any documentsor class} of documents^pertaining to^{the properties,the State Governmentmay,} by notihcation^{prohibit the registrationin whichavowcdor accruedinterests}

¶238

¶239

d 26353 0f2023

¶240

of Central and Stale Governnrents, Local Bodies, Educational, Cultural, Religious and^(lltaritable Institutior-rs, those attached I;y Civil, Criminal, Revenue Coul ts an<l l)irect iutd lnrlirect^'l-a;,< Laws anrl others which are likely to adverscll, affect thcse int(:rest.

¶241

Section 22- A 12) reads as under

¶242

" l2l For the purpose of Clause (e) of sub-section (1), the Stilte Covernntcnt shall pubtish a notifrcation after obtaining reasons [or and full dcscription of properties furnishcd l)v thc District Collcctors concerned in the manner as mav be prescribcd. "

¶243

[t is pertinr:nt to rrotc tl]at in the case o[ Vinjamuri Rajagopata Chary (Supra) paras l5tr Iratl SUolrlr,r lzed ar)d issued dircctions. As per lhe Clause (v) no notification is c()ntcrnplated under sub-section (2) of Section 22 A with respccl- to the pr()perties failing under : clauses (a) to (d) of sub-section (1) crf Scction 22 A. As per Clause (vi), the properties covered under clausc (e) of S<:r:tion 22 A shatl be notifired in the ofhciat Gazette of the State Governrner)ts and shall llc for-warded, along with the list of properties, and a copy of lhc rclcvant norificarion/Gazette,i to the concerned registering I authorities under the provrsiorrs o[ Rcgistration Act and sha]l also place the I said notificatiot:^f Gazettc on the websites of both the State Governments.

¶244

Thc subject lands in thcsc u,rit petitions as per the Notification in R.R.No.83 in Fii<: No.E5 I 47 30 12013/Quthbullapur/Quthbullapur, dated 25.O9.2O13, rvhi<:h acc<;rdrnq to tho District rCollector were classified as Govern rnent l:rncls and il Not tllcation was issued calling for objectiorrs / s,lggestio s belorc 1;la.ig fo. prohibitions. section 22-A lll (el

¶245

t{vst(, J

¶246

¶247

ar,d (21 stipulates that if any land is classified and determined^as Government land, the Government shall^publish an^{officialGazette} noti{ication aftcr obtaining reasons for and^{full description of properties} furnished by the District Collector concerned^{in the manner as prescribed.} In the case on hand, the respondents have not^{followedthe provisions of} Section 22-eir\el(21 and the^{gr-ridelinesissued by the Full Benchin the case} of Vinjamuri Rajagopala Chary^{(Supra) wherein at para156 held that the} authorities are obliged to follow Clause^(vi) for^{those propertiescovered} under Clause (e) of Section 22-A of the^{Act, whereby such lalds have to be} notihed in the othciat Gazette o[^the State.^{The Notificationin R.R.No.B3} dated 25.09.20 13 communicated by^the Joint^{Collector, Ranga Reddyvide} FiIe No.E5/4730 / 2013 / Qwthbullapur/Quthbullapur,^{dated 25.O9-2O13;} Deputy Collector and Tahasildhar, Quthbullapur^Mandal,File No.B/5S3/20 t2, dated 17.O2.2OI2^{and the GazetteNotifrcationNo. 134,} dated 1O.O3.20O5 anrl^{G-O.Ms.No-292,Revenue(Registration-I), 9th March} 2OO5 co--,lnicated^{b1, the Commissionerand Inspector General(Revenuc} & Stamps), Hydcrabacl^vide Irile^No.Gl /466t /2005,^{dated O2.O7.2OOSate} not in accordzrnce rvith^{the provisionsof the Section 22-A(11} lel^{and 22 (1ll2l} and also as per Clause^{(vi) of the guidelines issuedin the case of Vinjamuri} Rajagopala Chary^{(Supra)and the same cannot be the basisfor denying for} registration of^lltc st:blcr't^propcrties.

¶248

Further. the Tal.rsildar^{vicleFile No.B/583/2012, dated 17 'O2'2O12} had notificd the^{particular property as the Government land and requested} the Sub Registrirr Ilot^{to reglster any deed of conveyance. The District}

¶249

¶250

Collector on 25.09.20 13 had issued preliminary notif rcation calling for objcctions an.l the said notification was found to be defer-tive by this Court in W.P, No.19069 ol 2014 dated 25.O8.2O 14.

¶251

It is also pcrtinent to note that in the counter filed in W.P. No.26353 of 2023 prohibiting transfer/ registration that subsequenr to the Notification in R.R. No.83 dated 25.O9.20 13 the answering respondents have not taken any ste ps in notilying in the oflicial Gazette of State Government in terms of the gttideline No (ra) issued by the Full Bench in the r:ase of Vinjamuri Rajagopala Chary (Supra).

¶252

29 As suclr. tl'rc Notification in R.R.No.S3 in File No.Es /a73O /2013 / Quthbullapur/ Quthbullapur,^{dated25.Og.2013,} is^on11. a notice^given for l inviting objections and suggestions and this cannot I be ttre basis for refusat for registration of the subject properties. In I view o[ the same, Gazette Notrftcatiorr in R. R. No.83, dated 25.09.2O\3, contmunicated by the Joint Collector, Rzrnga Reddy vide File No.D5,/4730 /20 l3 / Quthbultapur/ Gajularamaranr, dated 25.O9.2O13, 2l Deputy l Collector & Tahsildar Qutl'rbullapur^Mandal, File^No.B/583 /2012, I dated 17.O2.2012 and the Gazette Notification No.134, dated 10.03.2OO5 and G.O I\4s.1{o.292, dated 09.03-2005 arc not in consonance to the provisions of S<:ction 22-A of tne Rcgistration Act, 1908 and 22-A(f )(e) and Clause (vi) ol ttre guidelines and the same cannot be referred for the purposc of denyrng registration of the sul)ect proper tics. Consequently, referer-rce nlrdc vide in File Filc No.ll5 / 47 30 / 20 I 3 /Quthbullapur/Gajularamaram, and

¶253

NVSX, J \r.P Nos.96rS or202r end 26f53 042l)21

¶254

¶255

No.ES / a7 30 / 20 1 3 /Quthbullapur/Quthbullapur, dated 25.O9.2O 13 and Filc No.B/583/2012 dated 17.O2.2O12 of the Tahsildar, Quthbullapur Mandal, are declared as illegal, arbitrary and bad in law and are hereby set aside^.

¶256

Accordingly, W.P. Nos.9645 of 2021 and 26353 of 2023 are allowed.

¶257

This Court on 22.09.2023, while directing the Registering authority to receive and process the doiument without reference to the letter dated 17.o2.2012, and the Notifiiation in R.R. No.83 dated 25.O9.2013, had directed the petitioner not to resort to further conveyance of the subject property wrthout leave ol thi! Court. In this regard, it is made clear that since these writ petitions (W.P. Nos.9645 of 2O2l 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 directedto make necessarychanges in the} records.

¶258

It is^{made clearthat mere registration of the documentdoesnot confer} title on the^{subject propertyand it is also macie clear that this order would} not have^{any beanngon all those matters where title/rights of tlle parties} are pending^{beforethe authorities} i^{eitherin revision/appeals for adjudication} and in^{any othcr case this order also does not precludethe Partiestn} shall Lre^no asserting^{their rightsbcforea competentCourt of law'There} order^{as to cos ts}