Allowed

KrishnaYadav Kaliki v. The State of Telangana

Telangana HC3 Apr 2024WP/7266/2024

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the refusal to register title deeds under Section 22-A of the Registration Act. The court held that the notifications relied upon were defective as they failed to proceed via the mandatory State Gazette notification process required by law and specific Full Bench guidelines, thus declaring them illegal and arbitrary.

What did the court decide?

Declaring the refusal to register title deeds illegal and directing Respondent No. 3 to register the documents without reference to the defective notifications.

KrishnaYadav Kaliki Vs The State of Telangana — Landlord and Tenant | Telangana HC (2024)

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

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WEDNESDAY, THE THIRD 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:7266 OF 2024

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Between:

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KrishnaYadav Kaliki, s/o Late Sri.VeeraiahyadavKaliki, Aged about 4o years, occ. Quthbullapur Mandal, Medchal-Malkajgiri Pvt Employee R/o.H.No.5-57, District, Markende/aNagar, Telangaria Staie^' Caluiaramaram,^-

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.....PETITIONER

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AND

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

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The District Registrar, tVledchal-Malkajgiri District.

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The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District.

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The Collector, Medchal-lValkajgiri District.

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The Tahasildhar, Quthbutlapur Mandal, {Vledchal-l/alkajgiri District.

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.....RESPONDENTS

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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 [\i,landamus declaring the action of Respondent No. 3 i.e., The SubRegistrar, Quthbullapur, Medchal-Malkajgiri District in refusing to receive and register the Memorandum of Deposit of ritle Deeds presented by the petitioner in respect of all that the House No. 05- 057(PTIN.1 152400369), with a built up area of 196.0 Sq. Feet of A.C.C.,admeasuring 56.66 Sq. yards or its equivalent to 47.36 Sq. t\4trs,(Ward No.5, Block No. 5), inSurvey No. 220, Situated at Markendeya Nagar, of Gajularamaram Village, euthbullapur [\Iandal, under GHMC Circle, tVledchal- Malkajgiri District, Telangana State., on the basis of

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prohibitory rist under section zz-A of Registration Act as per the 1. Ranga Reddy District Gazette Notification R.R. No. 83, communicated by Joint colector, Ranga Reddy vide Fire No. Esr473)r2}13/Quthbuilapur/Gajuraramaram, dated 25-092013, 2. Deputy collector and rahalsildhar euthbullapur Mandal, File No. 8158312012, dated 1r-o2-2o12 and 3. Gazette Notification No. .134, dated 10-032005 and G.O.lVs No. 287, Revenue (Registration. I), 9th [r4arch 2005 communicated by commissioner and rnspector Generar (Revenue and stamps), Hvderabad vide Fire No. G'r14661/2005, Dt. o2-or-2oos, as iilegar, arbitrary, in violation of Articres 14,21 and 300-4 of constitution of rndia and arso in vioration of Registration Act,^'r g0g, besides in vioration of principres of Naturar Justice and consequently direct the Respondent No.3 to receive and register the Memorandum of Deposit of rire Deeds presented by the petitioner in respect of House No. 05-057 (prN. 115240o36s), with a buirt up area of 196.0 sq. Feet of A,C.C., admeasuring 56.66 Sq. yards or its equivalent lo 47.36 Sq. Mtrs, (Ward No.5, Block No. 5), in Survey No. 220, Situated at Markendeya Nagar, of Gajularamaram village, euthbullapur tvandal, under GHMC circle, Medchal_ Malkajgiri District, Terangana state., without reference of 1. Ranga Reddy District Gazette Notification R-R No. 83, communicated by Joint coflector, Ranga Reddy vide File No- E5/4730r2013/euthbuilapur/Gajuraramaram, dated 2s-og-2013, 2. Deputy collector and rahasildhar Quthbullapur [vrandal, File No. 8/5g312012, dated 17-02-2012 and 3. Gazette Notification No. 134, dated 10-03-2005 and G O'Ms No' 287, Revenue (Registration. r), 9th .r/arch 2005 communicated by commissioner and rnspector Generar (Revenue and Stamps), Hyderabad vide File No. c11466112OOS, Dt. OZ-O7-2OOS.

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|.A.NO:1 OF 2024

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Petition Under Section 151 Cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No. 3 to receive and register the Memorandum of Deposit of ritle Deeds presented by the petitioner in respect of a[ that the House No_ 05_ 057 (PflN. 1152400369), with a buitt up area of 196.0 Sq. Feet of A.C.C., admeasuring 56.66 Sq- yards or its equivalent to 47.36 Sq. Mtrs, (Ward No.5, Block No. 5), in Survey No. 22O, Situated at IVlarkendeya Nagar, of

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Gajularamaram villagc, Quthbullapur Mandal, under GHMC circle, Medch2lMalkajgiri District, Telangana state., without reference of 1. Ranga Reddy District Gazette Notification R.R. No. 83, communicated by Joint collector, Ranga Reddy videFile No. E51473012013/Quthbullapur/Gajularamaram, dated. 2s-og-2o13, 2. Deputy collector and rahalsildhar euthbullapur Mandal, File No. Bls}3l2o12, dated 17-02-2012 and 3. Gazette Notification No. 134, dated '10-03-2005 and G.o.lt/s.No. 287, Revenue (Registration. r), 9th March 2005 communicated by commissioner and lnspector General (Revenue and Stamps), Hyderabad vide File No. G11466112oo5, dated 02-07-2005 pending disposal of the writ petition.

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Counsel for the Petitioner : SRI T.V.SRIKANTH

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Counsel for the Respondents : AGP FOR REVENUE

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The Court made the following ORDER

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

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W.P. No.7266 of 2024

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ORDER:

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This writ pctition has been [iled challenging rhe action of the Registering Authorities in rcfr-rsing to rcgrstcr thc subject documents based on the Gazcl.tc Notification tl.R. No.83. rlarcd 25.09.2O 13.

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The learned counscl ftrr thc pciittoner u,ould submrt [hat the subject matter of this writ pctition is squarclv covered by the conrmon order dated 22.03.2024 passed in W.P. Nos.9645 of 2021 and W.P. No.26353 of 2023 by this Court. The iearned counsel^,*,ould further submit that this Court, while granting interim order dated 28.O4.2021 in W.P. No.9645 of 2027 had stipulated a condition noL to resorl to further conveyance of the subject properfy without leavc ol this Courr and similarly in W.1,. No.26353 of 2023 this Court, while granring inrerim ordcr dared 22.O9.2023, had prohibited the parties from proceeding with furthcr conveyance of thc property except on obtaining required permission from this Court.

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It is further submitted that in the present writ petition this Court, while granting interim order dated 20.o3.2024, had directed the Registering authorities to register the subjccl. documcnts rvi[h one of the conditions that the parties are prohibited from procceding with further conveyance of the property except on obtaining requircd permission from this Court. Subsequently, in pursuancc of sarid intcrim order, the Registering authorities have registered the subject documents ancl as on today,

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iivsl<. J w-P- tio.7266 of 202q

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-rE-

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on bchalf of the respondents/Registerrng authority no counter has been filed.

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4 . 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 Lhe petitioner

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Heard the learncd counscl on ctther side and^perused the^material made availabie on record

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At this juncture, it is significant to note that the Division Bench ol this Court vide its common order daLed 19.10.2023 passed in W.P. No.2830O of 2OO7 and batch had dealt with the validity of Section 22-A of the Act as incorporated in the Registration Act, 1908 and the Amended Act,^{19 of 2OO7} with effect from 20.06.2007 and had upheld the validily of the Section^{22 A} of the Act.

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7 . Having gont: through tl-rc mate nal made available on the^{record and} the submissions made by thc lcarncd . r:ounsel on either^side, it is essential and necessary to excerpt the relevant para Nos.23 to 32 of the common order dated 22.03.2024 passed in W.P. Nos.9645 of 2O2l and 26353 of 2023 by this Court, which reads as under:

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"23. From a perusal oI the Notification^{in R.R. No.83,dated 25.09.2013,} the subject lands^{r:r,crenotihed under Scction 22 A (l)(a) for the purpose of} Section 22-A(l).^{lt is} onh a noticc^{given rnviting objections and} suggestions^{on thc abovc proposal} lrom^{all pcrsonsu'ho arc likely to be} affected thercby^{for bcing} takcn into considcration^{by thc Government.} 'lhe details of tl.tc prol:crtres rncntionecl in thc annexure states that the subject^{lands arc} Govcrnmcnl^lands

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\t.P. No.7266 ol 2024

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Section 22-A (1) (e) oi the Acr manifests rhat an_, docrrments or class of documents pertainir.rg to rhc propcrrics, the State Government ma_v, b1 notification prohibit thc rcgistratiorr in uhich avo$,ed or accruecl rnterests of Central and State (iovernrneltLs. Lor:al Bodics, Iiducational, Cultural, Retigious and Charitable lnstiruLior.rs. rhose artachcd bv Crvrl, Criminal, Revenue Courts and Dircct and lnriircct Tax Larrs and otl-rers rl.hich are Iikelv to adversel\ affcct thcse rnlcrcsr

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Section 22 A (2) reads as undcr

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"l2l For the purpose of Clause (e) of sub-section (1), the State Government shall publish a notification after obtaining reasons for and futl description of properties [urnished by the Distri(:t Collectors concerned in the manncr as man be prescribed."

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[t is pertinent lo notc that in the case of Vinjamuri Rajagopala Chary (Supra) paras l5(r had sumrnarized and issued directions. As per the Clause (v) no notification is contemplated under sub section (2) of Section 22-A u,rth respect to the propenrcs falling under clauses (a) to (d) of sub-section (l) of Scction 22 A. ns p(--r ClaLrsc (vi), rhc propcrties covered under clause (e) of Section 22-A shall be notified in the ofhcial Gazette of the State Governments an(l shall be foru,arded, alorlg with thc list of properties, and a copy of the relevant notification/ Gazette, to the concerned registering authorities under the provisions of Regislration Act and shall also place the said notillcation / Gazette on the websites of both the State Governments

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The subjcct lands in these $,rit petitions as pcr the N()tification in R.R.No.83 in File No.E5/4730/2Ot3l euthbultapu r/ eu rhbultapur, dated 25.O9.2O13,^q,hich according to thc l)isrrict Collcctor rvere classified as Government Iands and a Notitication lvas rssued calling for objections/ suggcstions bcfore placing for prohrbitions. Sectirin 22-A (1) (e) and (2) stipulates that if an_v land is classified and dt_-termined as Government land, the Governmcnt sl.rall pubhsh an ofli:ial Gazette notification after obtaining reasons for and fult description of proper.ties furnished by the District Cotlector concerned in the manner as prescribed. ln the case on hand, the respondents have not followed the provisions of Section 22-A( I)(e)(2) and the guidetines issued by the Futt Bench in the case of VlnJamuri Rajagopala Chary (Supra) wherein at para 156 held that the authorities arc obliged to follor.r.. Clause (vi) for thosc properties covered under Clause (c) of Section 22 A of rhc Act, q,herebY such lands

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wP No.7266 ol2024

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have to be notified in the official (iazette of the State. The Notification in R.R. No.83 dated 25.09 20l.'l (.orntnunrcatcd b), the Joint Collcctor, Ranga Reddy vidc Fite No.IiS/.17.|0/20 13/errthbullapur/euthbu apur, dared 25.O9.2O13: Deput\ Collector anrl l'ahasildhar, euthbullapur Mandal, File No.B/583/20t2, ctatcd I7.02.2012 and the Gaze e Norification No. 134, dated 10.O3.2005 and C.O.Ms No.292, Revcnuc (ltegrstration_l),9rh March 2005 communtcated b-\ the Commissroner and Inspector General (Revenue & Stamps), Hrderabad vide File No.cl l466l /2005, dated 02.O7.2OO5 are not in accordance with the provisions of the Section 22_A (1) (e) and 22 (ll(21 and also as per Clause (vi) of the guidelines issued in the case of Vinjamuri Rajagopala Chary (Supra) and the same cannot be the basis for den-ying for registration of the subject propertres.

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Further, the^'lahsildar Viclc I;ilc No.B/583/20l2 , dated 17.OZ.2O12 had notified thc particular propert,v as thc Government land and requested the Sub [lcgistrar not lo reglstcr an,r dccd o[ convcyance. The District Collector on 25.09.2013 had issued preliminary notification calling for objections arrd the szrrd notification was found to be defective by this Court in W.P. No. t9069 ot'2014 dared 2S.08.2014.

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It is also pertinent to note that in the counter filed in W.p. No.26353 of 2023 prohibiting tran sfe r/ registration that subsequent to the Notihcation in R.R. No.83.tated 25.09.2013 the answering respondents have not taken an_v steps in notifying in the ofncial Gazette of State Government in terms of the guidclinc No.(vi) issued by the Full Bench in the case of Vinjamuri Rajagopala Chary (Supra).

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As such, thc Norification in ti.R.No.g3 in [.rlc No.E5/473012013/ Quthbultapur/ Qu thbullapur, dated 2S.O9.2013, is only a notice given for inviting objections and suggestions and this cannot be the basis for refusal for registration of the subject properties. In view of the same, Gazette Notification in R.R No.83, dated 25.O9.2C13, communicated by the Joint Collector, Ranga Reddy vide File No.ES/aZ3O/2013/ QuthbuUapur/ Gajularamaram, dated 2S.O9.2013, 2) Deputy CoUector & Tahsildar Quthbullapur Mandal, File No.B/583/20 12, dated 17.O2.2O12 and the Gazett Notification No. 134, dated 10.03.2005 and G.O.Ms.No.292, dated 09.03.2OO5 are not in consonance to the provisions ol Scction 22 A of thc llcgistr-ation nct. lgOU ancl 22 A(l)(e) and Clause (vi) of the guidelines and the sarrc cannot be rcfcrrccl tor the purpose of

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dcn'rrrg^{regisrr-:lti()tl (rl Lh('sLll)l((I l)l(rl)!ltlc</sup> Corrsr'<lttcrltlr I( l!^('r'lcc madovicleinFileNo'li5/{730/i20l:l/Quttrbullapur//Gajularanraramand I.'ilc No.E5/4730/20^{13/Quthbull'rl)trr rQLrth[)trllaPtrr' (latc(l '')09'2O13} and File^{No.B/583/2012 dated l7022012 of the'I'ahsitdar' Quthbullapur} Mandal,^{are declared as iltcgal' arbitranand lrad in larv and are hereb].} set aside}

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30.^{Accordingly, W P Nos-9645 of202l and 26353 of2023are allowed'}

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This^{Court on 22 Og 12023} '^{$hile directing the Registeringauthority} to receive^{and processthe document rlithoutreferenceto thc lctterdated} 17.O2.2012,^{and the NotificationinR RNo'83clated25 09'20I3'had} directed^{the petitiorlernot to resort to [urther (:onvctanceof thc subject} property^{withoutleavc ot this Court' ln this rcgard' it is made clear that} since^{thesewritpetitions (W t)Nos'9645 of 2O2 I and 26353of 2023\are} allowed,^{the conditionthat was tmposcdto thc effectthat not to resort to} furtherconveyanceofthesubjeCtpropert}.isherellyrecalled. The^{RegisteringAuthorities are directed to make necessary changesin the} records.

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( (

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tt^{is madeclearthat mereregistrationof the document does not} confer^{titleon the subject property and it is alsomadeclear that this order} would not^{have any bearing on all thosemattersrvhere title/ rlghts of the} parties are^{pending beforethe authoritiescither in revision/ appealsfor} adjudication^{and in anl othcrcase this order also does not prcclude the} parties in^{assertingtheirrlghts before acompetent (l()tlrt oflaw'} There shall^{be no order as to costs'"}

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Since the^{issues involvedin t.his writ petitionare similarto those that} have been^{consideredby this Court in the commonorder dated 22'O3 '2024} Nos.9645^{of 2O2l and 26353 of 2023 and for the reasons} passed in^W.P' atike, this^{writpetltlonis allowedin terms of the common order dated} 22.03.2024^{passedin WP Nos'9645 of 2O2l and 26353 ol 2023 by this} Court.

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w P, No,7266 0( 202\

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II is made clear that in the present writ petition this Court, - while granting the interim order dated 2o.o3.2024, the condition stipulated to the extent that the parties are prohibited rrom proceeding with further conveyance of the propertv exccpt on obtaining rcquired pcrmission from this court is hereby reca ed and consequentrv, the Registering authorities are directed to make 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/- K. AMMAJI ASSISTANT REGISTRAR //TRUE COPYII I

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SECTION OFFICER

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