Allowed

G. Srinivas @ Gongula Srinivas v. The State of Telangana

Telangana HC1 Apr 2024WP/7795/2024

Case brief

AI extract

What is this about?

The Telangana High Court allowed a writ petition challenging the refusal of a Sub-Registrar to register a sale deed. The Court held that a preliminary notification inviting objections under Section 22-A(1)(e) of the Registration Act, 1908, without publishing an official Gazette notification as required by law, cannot be the basis for denying registration.

What did the court decide?

The Sub-Registrar is directed to receive, process, register, and release the sale deed within three weeks, and the prohibiting reference documents are declared illegal, arbitrary, and bad in law.

G. Srinivas @ Gongula Srinivas Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[³²⁵⁵ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE FIRST 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: 7795 OF 2024

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Between:

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G. Srinivas @ Gongula Srinivas, S/o G. Narsimha, aged^{44 years,Occ.} Business, R/o H.NO. 1-1031118, Bachupally^{Village, Nizampet, Medchal-} Malkajgiri District

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...pETrroNER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary^(Stampsand Registration), Secretariat, Hyderabad.

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The District Registrar, Medchal-Malkajgiri District

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

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The Collector, Medchal-Malkajgiri District

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The Tahasildhar, Bachupally Mandal, Medchal-Malkajgiri^District.

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..RESPONDENTS

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Petition under Article 226 of lhe Constitution of^{lndia praying that in the} circumstances stated in the affidavit filed^therewith, the^{High Courtmaybe} pleased to issue a Writ, Order or direction more^particularly one in the nature of Writ of Mandamus declaring the action of^{Respondent No. 3 i.e., The Sub-} Registrar, Quthbullapur, Medchal-Malkajgiri District^{in not receiving and registering} the Sale Deed^presented by the Petitioner^{in respectof all that the house bearing} No.5-11154, (PTIN No. 1266103772), on^{Plot No. 109, with plinth areaof 100 Sft} of ACC, land admeasuring 108.0 Sq.yards^{or 90.28 Sq.Mtrsin SurveyNo. 56,} Situated at lndira Nagar Colony, Bachupally^{Village,BachupallyMandal, Under} Nizampet Municipal Corporation, Medchal-Malkajgiri^{District on the basis of} prohibitory list under Section 22-A oI Registration Act as^per the^{'l). Ranga Reddy} District Gazette Notification R.R. No. 83,^{communicatedby Joint Collector,Ranga} Reddy vide File No. E5l4730l2013lQuthbullapur/Bachupally,^{dated 25-09-2013'2)} Deputy Collector and Tahalsildhar Quthbullapur^{Mandal,File No. 8158312012,} dated 17-02-2012 and 3). Gazette^{NotificationNo. 134, dated 10-03-2005and}

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G.o.Ms No.292, Revenue (Registration. r),gth March 2005 communicated by commissioner and Inspector Generar (Revenue and stamps), Hyderabad vide Fire No. G11466112005, Dt 02- 07-2oos, as iregar, arbitrary, in vioration of Articres 14,21 and 300-4 of constitution of rndia and arso in vioration of Registration Act, 1908, besides in vioration of principres of Naturar Justice and consequenfly direct the Respondent No. 3 to receive and register and release the Sale Deed presented by the petitioner in respect of all that the house bearing No. 5_1/154, (PTIN No 1266103772), on prot No. r09, with printh area of 100 Sft of ACC, rand admeasuring 108.0 sq yards or g0.2g sq.Mtrsin survey No. 56 ,situated at lndira Nagar corony, Bachupary virage, Bachupary Mandar, Under Nizampet Municipar corporation' Medchar-Markajgiri District without the reference of -l). Ranga Reddy District Gazette Notification R.R. No. 83, communicated by Joint coflector, Ranga Reddy vide Fite No. E5/473ot2o13reuthbuilapur/Bachupaily, dated 25-09-2013,2). Deputy collector and rahasirdhar euthbuilapur Mandar, Fire No. Bt5g3t2o1z, dated 17'02-2012 and 3) cazette Notification No. 134, dated .10_03_2005 and G o Ms No 292, Revenue (Registration r), 9th March 2005 communicated by commissioner and rnspector Generar (Revenue and stamps), Hyderabad vide Fire No G1t466112005, Dt 02- O7-2OOS

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lA NO: 1 OF 2024

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Petition under Section 1 s r 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 herein to receive and register and rerease the Sare Deed presented by the petitioner in respect of aI that the house bearing No. 5_1/154. [PTIN^{No 1266103772),} on^prot No 109, with printh area of 100 sft of ACC, rand admeasuring 108.0 sq yards or g0.2g sq.Mtrs in Survey No. 56,situated at lndira Nagar colony, Bachupally Village, Bachupally Mandal, Under Nizampet Municipal corporation, tvredcha r-ri/arkajg iri District without reference of 1). Ranga Reddy District Gazette Notification R. R. No. g3, communicated by Joint colector, Ranga Reddy vide Fire No. Esr473o/2ol3reuthbuilapur/Bachupaily, dated 2b-09-2013,2). Deputy collector &Taharsirdhareuthbuilapur Mandar, Fire No. 8158312012, dated 17-02-2012 and 3). Gazette Notification No. 134, dated 10-03-2005 and G.o.Ms No. 292, Revenue (Registration. r), stn March 2005 communicated by

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Commissioner and lnspector General (Revenue & Stamps), Hyderabad vide File No. G11466112005, Dt: 02- 07-2005, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI B.SAMPATH KUMAR Counsel for the Respondents: AGp FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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:;i: I't].

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THE HONOURABLE SRI JIJSTICE N.V. SHRAVAN KUMAR

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W.P. No.7795 of 2024

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ORDER:

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Heard the lea.red counser on either side and perused the material made available on record. with the consent of both the parties, this writ petition is disposed of at the threshold.

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This writ petition has been filed challenging the action of the Registering Authorities in refusing to register the subject documents based on the Gazette Notification R.R. No.83, dated 25.09.2013.

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The learned cou n sel for the petitioner would submit that the subject matter of this writ petition is squarely covered by the common order dated 22.03.2024 passed in W.P. Nos.9645 of 2O2t and W.p. No.26353 ot 2023 by this court. The learned counsel would further submit that this court, while granting interim order dated 2a.o4.2021 in w.p. No.964s of 2o2l had stipulated a condition not to resort to further conveyance of the subject property without leave of this courr and similarly in w.p. No.263s3 of 2023 this court, while granring interim order dated 22.og.2023, had prohibited the parties from proceeding with further conveyance of the property except on obtaining required permission from this Court.

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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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At this^juncture, it is significant to note that the Division Bench of this Court vide its common order dated 19.1O.2O23 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 2OOT with effect from 20.06.2007 and had upheld the validity of the Section 22-A of the Act.

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Having gone through the material made available on the record and the submissions made by the learned counsel 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 2O23 by this Court, which reads as under:

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"23. From a perusal of the Notification in R.R. No.83, dated 25.09.2O13, the subject lands were notihed under Section 22-A (1)(a] for the purpose of Section 22-A(l). It is only a notice given inviting objections and suggestions on the above proposal from all persons who are likely to be affected thereby for being taken into consideration by the Government. The details of the properties mentioned in the annexure states that the subject lands are Government lards.

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Section 22-A (1) (e) of the Act manifests that any documents or class of documents pertaining to the properties, the State Government may, by notification prohibit the registration in which avowed or accrued interests o[ Central and State Governments, l,ocal Bodies, Educational, Cultural, Religious and Charitable Institutions, those attached by Civit, Criminal, Revenue Courts and Direct and Indirect Tax taws and others which are likely to adversely affect these interest.^.

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Section 22-A (2) reads as under

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

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It is pertinent to note that in the case of Vlnjamuri 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 (1) of Section 22-A. As per Clause (vi), the properties covered under clause (e) of Sectron 22-A shall be notihed in the ofhcial Gazette ol 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 under the provisions of Registration Act and shall also place the said notifrcation/ Gazette on the websites of both the State Governments.

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The subject lands in these writ petitions as per the Notification in R.R.No.83 in File No.E5/4730 I 20 13 / Quthbuttapur/Quthbullapur, dated 25.O9.2013, which according to the District Collector were classified as Government lands and a Notification lvas issued calling for objections/ suggestions before placing for prohibitions. Section 22-A (1) (e) and (2) stipulates that i[ any land is classihed and determined as Government [and, the Government shall publish an ofhcial Gazette notification after obtaining reasons for and fult description of properties furnished by the District Collector 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 guidelines issued by the Full Bcnch in the case of VinJamurl Rajagopala Chary (Supra) wherein at para 156 held that the authorities are obliged to follou, Clause (vi) for those properties covered under Clause (e) o[ Section 22-A of the Act, whereby such lands have to be notified in the ofhcial Gazette of the State. The Notification in R.R. No.83 dated 25.09.2013 communicated by the Joint Collector, Ranga Reddy vide File No.ES /4730/ 2013/ Quthbullapur/ Quthbutlapur, dated 25.O9.2O13; Deputy Collector and Tahasildhar, Quthbullapur Mandat, File No.B/543/2012, dated 17.O2.2O l2 and the Gazette Notification No.134, dated 10.03.2005 and G.O.Ms.No.292, Revenue (Registration-l), 9th March 2OO5 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide File No.Gl/a66i/2005, dated O2.O7.2OOS are not in accordance with the provisions of the Section 22-A (1) (e) and 22 (l)l2l and also as per Clause (vi) of the guidelines issued in the case of Vlajamuri Rajagopala Chary (Supra) and the same cannot be the basis for den-ying for registration of the subject properties.

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Further, the Tahsildar vide Fite No.B/583/2012, dated 17.O2.2O12 had notihed the particular property as the Government land and requested the Sub-Registrar not to register any deed of conveyance. The District Collector on 25.09.2013 had issued preliminary notihcation calling for objections and the said notification was found to be defective by this Court in W.P- No.19069 of 2014 dated 25.OA.2O14.

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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 Notihcation 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 Futl Bench in the case of Vlnjamuri Rajagopal,e Chary (Supra).

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As such, the Notification in R-R.No.83 in File No.E5/4730 /2013 / Quthbullapur/ Quthbullapur,^dated 25.09.2013, 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 Notincation in R.R. No.83, dated 25.09.2013, communicated by the Joint Collector, Ranga Reddy vide File No. E5/473O l2Ol3 / Quthbullapur/Gajularamaram, dated^25.09.20 13, 2) Deputy Collector & Tahsildar Quthbullapur Mandal, File No-B / 5a3 / 20 12, dated 17.O2.2O12 and the GazeLle Notification No.134, dated 10.03.2005 and G.O.Ms.No.292, dated 09.03.2OO5 are not in consonance to the provisions of Section 22-A of the Registration Act, 19O8and 22-A(1)(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 /4730/2013/Quthbullapur/ Gajularamaram, and File No. E5/4730l 2013/ Quthbuttapur/ Quthbullapur, dated 25.O9.2013 and File No.B/583/2Q12 dated 17.O2.2O12 of the Tahsildar, Quthbullapur Mandal, are declared as illegal, arbitrary ard bad in law and are hereby set aside.

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Accordingly, W.P. Nos.9645 of 2O2l and.26353 of 2023 are allowed

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This Court on 22.09.2023, while directing the Registering authority to receive and process the document without reference to the letter dated 17.O2.2O12, and the Notihcation in R.R. No.83 dated 25.O9.2013, had directed the petitioner not to resort to further conveyance of the subject property without leave of this Court. In this regard, it is made clear that since these writ petitions (W.P. Nos.9645 ot 2O2l and 26353 of 2O2fl are

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allowed, the condition that was imposed to the effect that not to resor.t to further convel,ance of the subject property is herebv recalled. The Registering Authorities are directed to make necessary changes in the records.

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It is made clear that mere reBistration of the document does not confer title on ttre subject property and it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law. There shall be no order as to costs."

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Since the issues involved in this writ petition are similar to those that have been considered by this Court in the common order dated 22.O3.2O24 passed in W.P. Nos.9645 ot 2021 and 26353 of 2023 and for the reasons alike, this writ petition is allowed in terms of the common order dated 22.03.2024 passed in W.P. Nos.9645 of 2O2l and 26353 of 2023 by this Court.

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Consequently, the respondent No.3, Sub-Registrar, is directed to receive, process, register and release the sale deed in respect of all that the house bearing No.s-1/154, (PIIN No. 12661037721, on plot No.1O9, with plinth area of 1O0 Sft of ACC, land admeasuring lO8.O Sq.yards or 90.28 Sq.Mtrs in Survey No.56, Situated at Indira Nagar Colorry, Bachupally Village, Bachupally Mandal, Under Nizampet Municipal Corporation, Medchal-Malkajgiri District, within a period of three weeks from the date of receipt of a copy of this order, subject to the petitioner complying with the provisions of the Indian Registration Act, 19O8, and Indiar-r Stamps Act, 1899. It is also open to the Registering Authority to reftrse/receive the documents presented before him, if he has any other objection, by duly

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assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law. There shall be no order as to costs.

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

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assrsrsntiriJ4YrAi[nE*E //TRUE COPY/, SECTION "lOFFICER

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

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2 The District Registrar, Medchal-Malkajgiri District 3 The Sub-Registrar, euthbullapur, Meci6hal_Malkaiqiri District 4 I he Collector. Medchal-Malkajgiri District 5 The T_ahasildhar, Bachupa ily M?ndal. Medchat-Matkaiqiri District. o One CC to SRI B.SAMPATH KUMAR, Advocate tOputl 7 Two CCs to GP FOR STAMPS AND REqtSTRnttOtt, tilgn Court for the State oj T^elangana. at Hyderabad. [OUT]

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8 Two CD Copies !f!o1r.S^{w!t!r g copy of the common order dated22.03.2024 passed} in WP.Nos.9645 ot 2021and 26353 ot 20231

PSK

HIGH COURT

DATED:01^10412024

ORDER

WP.No.7795^{of 2024}

ALLOWING^{THE WRIT PETITION} WITHOUT^COSTS.

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NVSI(, J W,P o.-964s oI2021 rn.t 253s3 oa 2(,23

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN^KUMAR

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W.P. Nos. 9645 of2O2l argd26353 of2023

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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 disposed 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 respondent i.e., Sub Registrar, Qutbullapur, Medchal Malkajgiri District, in refusing to receive and register the sale deed presented by the petitioners in respect of property House bearing No.03-022, and PIot bearing No.O3-O22/NR, with a plinth area of 435 sq.fts., Commercial and 400 sq.fts., Residential in Ground Floor and 835 sq.fts., on first floor, thus totally 435 sq.fts., Commercial in Ground Floor and 1235 sq.fts., residential in Ground and first floors, on Plot No.1O34, and land admeasuring 142 sq.yds., covered under Block No.3 and Ward No.¹ , in Sy.No.1O7, situated at Weaker Section Housing Colony, Suraram Colony of Suraram village, Quthbullapur Mandal, and Municipality, under GHMC, Medchal-Malkajgiri district (herein after referred to as 'the subject property') basing on 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.E5/4730 /2013 /Quthbullapur/ Nizampet dated 25.o9.2013,2. Deputy Collector & Tahsildar Quthbullapur Mandal, File No.B/583 12072, dated 17.O2.2012 and 3. Gazette Notification No.134, dated 10.03.2OO5 and G.O.Ms.No.292, Revenue^{(Registration.I),} 9th March 2005 communicated by Commissioner and^Inspector General (R&S), Hyderabad vide File No.G1/4661 /2OO5, dated O2.O7.2005, is illegal,

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I{VSX, J w.P. Nur.9645 o12021 .nd 263S! of 2023

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arbitrary, in violation of Articles 14, 21, and 30O-A of Constitution of India and also in violation of Registration Act, 19O8 besiders in violation of principles of nzrtural justice and consequently direct thc respondent No.3 herein to receive and register the sale deed presented by the petitioners, in respect of the House bearing No.03.022, and plot bearing No.03-O22/NR, with a plinth area of 435 sq.fts., commercial and 400 sq.lts. , residential in ground floor and 835 sq.fts., in first floor, thus tolally 435 sq.fts., commercial in ground floor and 1235 sq.fts., residcntial in ground and first 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 filed seekin g a $,rit of mandamus questioning the action of the respondent No.3, Sub-Registrar, Quthbullapur, Medchal-Malkajgiri in not receiving and registering the sale deed presented by the petitioner in respect of a1l that the House No.28 169/a/2/1 (PTIN No. 1151601839), with plinth area of 450 Sft., of RCO in ground floor and 45O Sft., of RCC in hrst floor, thus the total plinth are is 9O0 Sft., (G+1) of RCC admeasuring 1O0 square yards or 83.67 scl.meters (covered under Block No.28) in Survey No. 15 1 , situated at Mztruthi Nagar of Quthbullapur^{village and Maldal,} under^GHMC Quthbullapur Circle, Medcal-Malkajgiri district, Telalgana State (hereinafter referred to as 'the subject property') on the basis of prohibitory list under Section 22-A of the Registration Act, 19O8 as per thc 1. Ranga Reddy District Gazette

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nvsx, J W.P. IYo!.9645 ot 2o21 :n.r 26353 ca2023

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Notification R.R. No.83, communicated^{by Joint Collector,Ranga Reddy vide} File No.A5 / a730/2013/Quthbullapur/Quthbullapur dated^25.O9-2O13, 2. Deputy Collector & Tahsildar Quthbullapur^{Mandal, File No.B/583/2012,} dated 77.02.2012 and 3. Gazette Notification^No. 134,^{dated1O.03.2O05and} G.O.Ms.No.292, Revenue (Registration.I), 9th March 2005 communicated^by Commissioner and Inspector General^(Revenue &^{Stamps), Hyderabad vide} File No.G 1/4661/2OO5, dated 02.O7.2005, as illegal, arbitrary, in^violation of Articles 14, 2l and 3O0-A of Constitution^{of India and also in violationof} Registration Act, 1908 besides in violation of^principles of^{natural justice} and consequently direct the respondent^No.3 to^{receiveand register the} subject property without reference to the Gazette^No.83.

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4 . 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 through^registered sale^{deed bearing} document No.7a5l/2012, dated 12.07.2021, the^{petitioner andhis} predecessors are in the title and in peaceful possession, without^{there being} any interference from any quarter. [t 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^{forregistration, butthe} 3.d respondent has refused to receive^{and register the same on the ground} that the subject property is located^{in Sy.No.1O7, situated at Weaker Section} Housing Colony, Suraram Colony of Suraram^village, Quthbullapur^Mandal and Municipality, under GHMC,^{Medchal-MalkajgiriDistrict, which is under}

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NVSI(, J 5 w P Nos 9645 ot2o2l erd 2635! of2()23

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prohibitory llst as per the Section 22-A of the Registration^{.,\ct,basingoFr the} following information

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"l. The property is Government 1and, notified^{as prohibited} property u I s 22-A of Registration Act as per the Rarga Reddy District Gazettc Notif-rcation R.R.No.83, Communic^{atcd by} Joint Collcctor, Ranga Reddy vide File No.tr5/473ol2ol3l Quthbullapur/^{Nizampet, dated 25-09-2O 13.}

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Deputy Collector & Tahasrldar Quthbullapur Mandal, File No. B/583 12012, dated 17 O2-2O12.

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Gazettc Notification No.134, dated 10 O3-2005 and G.O.Ms.No.292, Revenue (Registration.I), 9th^{March 2005} communrcated by Commissioner and Inspector Generirl^(R&S), Hyderabad Vidc File No.Gl 14661 12005, Dt.02 07^2OO5."

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

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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^property to the prospective purchaser and having come to know about the same, the prospective purchaser approached and expressed his^{willingnessto} purchase the said property and upon offer and acceptance. both the parties have agreed to go furthcr and entered into sale agreemcnt and prcsented the same for registration beforc the respondent No.3 on 12.09.2023 but the respondent No.3 has rcfused to receive and register the sale deed on the

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NVSK, J wP .r 9645 of 2O2 r .n.t 26353 ol2023

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ground that the subject^property is located in^{Sy.No.151,situated at} Maruthi Nagar of Quthbullapur village and Mandal,^underGHMC Quthbullapur^{Circle,Medchal-Malkajgiri District, 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.

¶97

"1. The property is Government land, notihed as^prohibited property rt/s 22-A of Registration Act as per the Ranga^Reddy District Gazette Notihcation R.R.No.83, Communicated by Joint Collector, Ranga Reddy vide File No.E5/4730 /20131 Quthbullapur/ Quthbullapur,^{dated25 -O9 -2O I 3.}

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Deputy Collector & Tahasildar Quthbullapur Mandal, File No. B/583 /2Ot2, dated 17 O2-2O12.

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Gazette Notihcation No.l34, dated IO-03 20O5 and G.O.Ms.No.292, Revenue (Registration.l), 9tt' March 2005 communicated by Commissioner and Inspector General^(R&S), Hyderabad Vide File No.Gl /a661 l2OO5, Dt.02-07 2005."

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

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COUNTER FILED IN W.P. No.26353 of 20232

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On behalf of the respondent No.3 in W.P.^{No.26353of2023'} while denying the writ averments, counter^{affidavithas beenfi-led,inter olia,} stating that on verification of the^{prohibitorywatch register,the land} bearing in Sy.No.151, situated at Maruthi Nagar^of Quthbullapur^{village and} Mandal, under GHMC Quthbullapur Circle,^{Medchal-Malkajgiri District,}

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xvsK, J 7 W.P. Nor.9645 or 2O21 .nd 26355 of 2023

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is classified as Government land, as such it is prohibited for registration under Section 22 lt of the Registration Act, 1908 as per the following records.

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a) "Ranga Reddy District Gazette notification R.R. No.83 communicated by Joint Collector Rangareddy vide File No.ES I a7 30 I 20 1 3 / Quthfullapur/ Quthbullaprrr, dated 25.09.2013.

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b) Deputy Collector and Tahsildar, Quthbullapur Mandal Filc No.B/583 /2012, dated 77.O2.2O\2 and

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c) Gazette Notihcation No.134, dated 10.03.2005 and G.O.Ms.No.292, Revenue (Registration.I), 9th March 2005 communicatcd b1, Commissioner and hrspector General (Registration & Stamps), Hyderabad vide File No.Gl /4661 12005, dated 02.O7.2OO5."

¶108

It is subrnitted that in pursuance to the interim direction passed by this Court on 22-09.2023 in the writ petition, the subject property in the writ petitjon was rcgistered vidc Document No.26459/2023 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 2Ol8 and batch has been taken whereunder the Hon'ble Apex Court directed that the Registration may go on pending the writ petition challerLging the validity of Section 22-A of the Registration Act. As the validily of thr: Section 22-A of the Act is upheld by the Division Bench of this Court vide its order dated 19.1O.2O23 in W.P. No.28300 of 2OO7 and batch, the interim order passed by this Court on 22.09.2023 will no longer survive, as such, prayed to

¶109

NVSK' J 8 W.P. No3,9645 of2O2l zaa 26333 ot 2023

¶110

vacate the interim order dated 22.09^{.2023 andconsequentiysoughtto} dismiss the writ^petition

¶111

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

¶112

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

¶113

I 1. It is further submitted that the^{subject propertyis private patta land} but for the reasons best known to^{the authorities for including the subject} property in the prohibitory list is bad in law. It is further^{submittedthat the} respondents' authorities have failed to take note that^{the subject property} had already been converted into^plots long^{back and almost the entirearea} was converted into residential colony.

¶114

It is further submitted that the authorities^{are refusingto receiveand} register the subject document based on a Gazette^{notificationissuedin the} year 2005, which was struck down by this Court in^{W.P. No.14099of 2O03} while placing reliance on the^{judgmentrenderedby the Honble Supreme} Court in the case of State of Rajasthan^and others^{Vs. BasantNahatar}

¶115

and thereafter, the Government has issued^{a fresh notification underthe Act} 19 of 2OO7, therefore refusal for^{registration of the subject propertyon the} ground of 2OO5 notification is bad in law and the^{sameis held by this Court}

¶116

'^{zoos(o) nrr a: (sc)}

¶117

NVSI( J wP Nor.96,ts ol2o2l^{rtrd26353 ot 2023}

¶118

¶119

in the case of T.Yedukondalu^{Vs. ThePrincipalSecretary to} Government2

¶120

It is further^{submitted thatthe Government orders, whichare relied} on by the respondent^{No.3 inrejecting for registration of the subject} property is G.o.Ms,No.786,^{dated09. 1 1. i999, which stipulats prohibition of} registration of documents^{on the ground that they are opposed to public} policy therefore the^{present case of the petitioneris alsocoveredby the} above saicl issue.^{It is further submittedthat the acts of the respondentsin} including the subjcct property ln the^{prohibitorylist published under} Section 22-A of tlre Registration Act^{videG.O.Ms.No.280to 296, dated} 10.03.2005, vicle File No.G¹ I 4661 /^2OOS ,^{datedO2.O7 .2OO5} '^Gazette Notification No.134. dated^{10.03.2OO5isillegat and arbitrary and in} violation of Articles )4, 2l^{and 300-A of the constitutionof India and that} the action of the 3'd^{respondent in refusing to receive and registerthe} subject property basing on^{the NotiFrcation vide R.R.No 83, issued by the} Collector, Ranga^{Reddy District, is bad in law as he is not competentto} issue such notification^{or directions to the 3'd respondentoffice}

¶121

The learned counsel^{for the petitioner would further submit that in} similar circumstalrces, this Court^{inW.P. No.11330of 2019 and in} w.P. No. 1689 9 of 2019 directed^{the authoritiesto regist(:r and release the} documents.

¶122

'zotr^{(a) aro a:}

¶123

¶124

W,P Not.9645 ol2o2l anc 263s3 oa2023

¶125

On the other hand, the learned Government Pleader^{for Stamps and} Registration appearing for the respondents while reiterating the^counter averments would submit that the Division Bench of this Courtⁱⁿ W.P. No.2830O of 2OO7 and batch wherein the validity of the Section 22-A of the Act has been challenged vide order dated 19.10.2023^passed order validating the Section 22-A of the Registration Act. Hence, he sought to dismiss the writ petition.

¶126

INTERIM ORDERS:

¶127

From a perusal of the proceedings in W.P. No.9645 of 2027, this Court on 28.O4.2021, passed the following interim order:

¶128

"Heard learned counsel for the petitioner, learned Government Pleader for Revenue and learned Special Government Pleader appearing for Iearned Advocate General.

¶129

Post along with w.P.No.4236 of 2O2l.

¶130

The deed of conveyance presented by the petitioner in respect of House bearing No.03-022 and Plot bearing No.03 022 NR with a plinth area of 435 sq. feet commercial and 4OO sq. feet residential in ground floor and 1235 sq- feet residential in ground and first floors on Plot No. 1O34 and land admeasuring 142 sq. yards covered under Block No.3 and Ward No. 1 in Survey No. 107 situated at Weaker Section Housing Colony, Suraram Colonl, of Suraram^Vi11age, Quthbullapur^{MandalandMunicipality,under GHMC,} Medchal - Malkajgiri District, was refused for registration by referring to File No.ES / 47 30 l2O 13/ Quthubullapur/ Gajularamaram, dated 25.O9.20¹ 3, File^No.B /⁵⁸³ /^{20 I} 2^dated 17.O2.2O12 of the Tahsildar, Quthubullapur Mandal, Gazette Notification No. 134, dated 10.03.2O05, and G.O.Ms.No.292, dated 09.03.2005.

¶131

VSK, J W.P Nos 9645 of2o2l rnd 26353^{o( 2023}

¶132

¶133

According to Iearned counsel^{for the} Petltioner, the Gazette Notification was set aside^{by the DivisionBenchof} this Court in^judgment, dated^{07. 12.2005,in W.PNo. 14o99of} 2003 and batch. Though after this^{judgment,Sectiotr 22-A of} the Rcgisrration Act, 1908 was^{umendcd,nofr.rrther} noti{ication was issued as^{required by the RegistralionAct.} However, on 25.O9.2013, the Distrrct^{Collector issued} preliminary noti.fication calling for objections.^This notilication was found to be defective by^{thrs (]ourt in} W.P.No.19069 of 2014, dated 25.J8.2014. The lettcr dated 17 .02.20 12 was issued by^{the Tahsildar} notifying the particular property as the^{Governmentland and} requesting the Sub-Registrar not to^{register any deed of} conveyance.

¶134

Having regard to declaration^{given by the Full[]ench of} this court in Vinjamuri Raiagopala^{Charyv, State of Andhra} Pradesh [2O16 (U ALT 55O^(FB]1, the^{authority coml)etentto} notiff is the District Collector.

¶135

This ctearly shows that there^{wasr.ro application of} mind by the revenue authorities and by^{the Sub-Registrarin} rejecting the documcnt for registration.^{On thrs issue scveral} writ petitions are filed- Though, they are^{glaring, so far the} Government has not applicd its mind and^{measures are put in} place to streamline registration process affecting citizells.

¶136

Subjcct to further consideration of the^{issueafter the} judgment of the Hon'ble Supreme Court in Civil Appeal No.4223 of 2078 and batch, the^provisions of^{Section 22-Aof} the Registration Act and the orders^{issued by this (lourt in} various writ petitions, by way of interim^order, the respondent-registration authority is directed to reccive^and process the document, without reference to the lettcr dated 17.O2.2O12, and the Gazctte Notification, dated 25.09.2013, subject to compliance of provisions of the Indian Registration Act, 19O8 and Indian Stamp Act, 1899 and to ascertain the

¶137

NVSK. J w.P. Noi.9545 or 2o2r .nd26353 oI2o2s

¶138

¶139

status of land, as reflectcd in the revenue rccords. If the deed of conveyance complies rvith all the requirements and there is no embargo in accepting the document for registration, the Registering Authority shall register and release the document. However, any such action shall abide the result of the writ petition. Further, petitioner is directed not to resort to further conveyance of the subject property without leave of this Court."

¶140

From a perusal of the proceedings in W.P. No.26353 of 2023, this Court on 22.O9.2023, passed the following interim order:

¶141

"Notice before admission.

¶142

Learned Assistant Govcrnment Pleader for Stamps and Registration waives notice for Respondent Nos.1 to 5.

¶143

Heard Sri T.V. Srikanth, learned counsel for the Writ Petitioner as well as Sri B.Dileep Kumar, Iearned Assistant Government Pleader for Stamps and Registration, who is representing Respondent Nos.l to 5.

¶144

This Writ Petition is filed seeking the Court to declare the inaction of the 3.d respondent i.e., Sub-Registrar, Quthbullapur^{Mandal, Medchal-MalkajgiriDistrict,in} receiving and registering the Sale Deed presented by the petitioner ir-r respect of House No.28-169lal2/1, admeasuring 100.0 Sq.yards, located in Sy.No. 151 (Covered under Block NO.28) of Maruthi Nagar, Quthbullapur Village and Mandal, under GHMC Quthbullapur Circle, Medchal-Malkajgiri District, on the ground that the Survey number where the House is located is notihed as prohibited property under Section 22A of the Registration Act vide Gazette Notification No.ES/4730/2013 dated 25.09.2013 and File No.B/583/2012, dated 17.O2.2012, as illegal and arbitrary and consequently to direct the said Public Authority to receive and register the said document.

¶145

VSK' J w.P. Noi.9645 0f2021ard 26353 042023 '

¶146

¶147

I I

¶148

Learned counsel for the petitioncr statcs that tl're Division Bench of this Court, through orders dated 07.12.2005, in W.P.No.14099 of 2003 and Batch, has set-aside the Gazette notification and no further notification was issued as per law. Learned counsel for the petitioner states that the Registering Authority has thus no power of refusal to receive the document. Learned counsel brought to the noticc of this Court the order of this Court in W.P No.4236 of 2021, clated 25.02.2021, rvherein this Court obserwcd as follows:-

¶149

"The deed of conueyance presented bq the petitioner in respect of house beaing No-28-1741218 uith a plinth area of 21OO sq. fi., G+2, ond Pent House on plot beoing No.218, admeasuing 105 Sq yards ln Sy.Ab. 1.51, Vijag anag ar Co lony, Moruthi N agnr, Quthbullapu r \rillag e, GHMC Circle, Medchal Malkajgiri Distnct uas refuserl for registration by referring t<t File No.ES/ a73O/ 20 13/ File Quthbullapur/ Nizampet,dated^25.O9.2O 13, No.S/583/2O12 dated 17.O2.2012 of the Tahsildar, Quthub^{u LlapurM and al, G azett en otiJicctt io n N o.I 3 4, date} d 1 O. 03. 200 5 and G.O. Ms. No. 292 dated 0 9. O 3. 2 00 5.

¶150

According to learned counsel for the petitioner, the gazette notirt.cdtion rras se, aside bg the Diuision Bench of this Court in judgment, dated 07.12.2OO5, n W.P.No.14O99 of 2OO3 ancl batch. Though after ttus judgment, Section 22 A of the Registration Act, 1908 (for short,^'the Act') uas amended, no further notifi.catiotl LUas issrzed a.s required bg the Act. Houeuer, on 25.09.2O 13, the Distict Collector issued preliminarg notificatnn calling for^{objections. This nottfcation uas} found^{to be def<zctiue} bg this Court in W.P.No. 19069 of 2O 14, dated 25.08.2014. The letter dated 08.O9.2O11 was issued bg the Tohsildar notifging the particular propertA as Couernment land and requestinq the Sub Registror not to register ang deed of conueaance.

¶151

I{vsI<, J W.P. Nor.9645 of2O2t .a<126383 ol2o2t

¶152

¶153

IJauing regard to declaration giuen bg the FuIl Bench of this Court in Vinjamui Rajagopala Charg u. State of Andhra Pradesh [2016(l) ALT 55O^(FB)], the authoity competent to notifu is the Distict Collector.

¶154

This clearly shotus there u,as no opplication of mind bg the reuenue authoities and bg the Sub Registrar in rejecting the document for registration. On this issue seueral u.trit petitions are filed. Though, they are glaing, so far Gouernment has not applied its mind ond measures are put in place to streamline registration process affecting clttzens

¶155

Subject to further consideration of the issue after the^judgment of the Hon'ble Supreme Court in Ciuil Appeal No.4223 of 2O18 & Bath, the prouisions of Section 22-A of the Registrcttion Act and the orders issued by this Court in uaious uit petitions, bg waA of inteim order, the respondent-registration authority is directed to receiue and process the deed of conuegance, without reference to the letter dated 17.O2.2O12 and the Gazette Notijication dated 25.O9.2013 subject to compliance of prouisions of the Indian Registration Act, 19O8 and Indian Stamp Act 1899 and to ascertain the status of land, as reJlected in the reuenue records. If the deecl of conueyance complies with all the requirements and there is no embargo in accepting the document for registration, the Regtsteing AuthoritA shall register and releose the documenL Hou.teuer, ong such action shall abide the result of the uit petition. Further petitioner is directed not to resort to further^{conueaanceof the subject propertg utithoutleaue of} this Court."

¶156

Learned Assistant Government Pleader did not bring to the notice of this Court anything to hold that the^present Writ Petition stands on a different footing as that of the Writ Petition that is referred supra.

¶157

NVSX, J w P Nor 9645 ol2021 end 26!53 of 2023

¶158

¶159

Therefore, pending consideration of the rnatter, which would be taken after the judgment of the Hon'ble Supreme Court in Oivil Appeal No-4223 of 2018 ancl Batch, tllis Court is of the view that an interim order can be issued directing the Regrstering Authority to receive and proceed \vith the registration in case the deed presented is in accordance with the provisions of the Registration Act, 19O8 and Indi:rn Stamp Act, 1899.

¶160

Resultantly, the Sub Registrar, Quthbull:rpur Mandal Medchal-Malkajgiri District, is directed to receivc ancl register the Sale Deed that would be presented by thc pctrtioner in respect of the subject property i.e., in rcspect of House No.2a-ft91412/ 1, admeasuring 1O0.0 Sq-yards, Iocated in Sy.No. 151 (Covered under Block No.28) of Maruthi Nagar, Quthbullapur^{Village and} Mandal, under GHMC Qtrthbullapur Circle, Medchal-Malkajgiri District, without refercnce to thc letter dated 17.02.2012 and the cazettc Notification dated 25.O9.2O13, however on compliance of the provisions of tl're Registration Act, 1908 and Indian Stamp Act. 1899. The Registration be carried out aftcr ascertaining the status of land as reflected in the revenue records. The parties are prohibited from proceedir-rg with furthcr conveyance of the property except on obtaining required permission from this Court. Further, the registration shall be subject to the final result of the writ petition.

¶161

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

¶162

List on 11.10.2023."

¶163

ANALYSIS:

¶164

In thc cases on hand, what was issued by the District Collector was only a Notification in R.R. No.83 dated 2s.o9.2ot3 calling for objections and

¶165

t{vsK, J 16 W P, Nos.9645 of 2O2r .nd 26353 ol2023

¶166

suggestion on the proposal from al1 persons, who are likely^{to be affected} thereby for being taken into consideration by the Government^{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^{prohibitedlist,} 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} VinJamuri Raiagopala Chary. It is signifrcant to note here that^{the decisionof} the Full Bench of this Court was carried to the Hon'lcle Supreme^{Court in} Civil Appeal No.4223 of 2Ol8 and batch. The^{Hon'bleSupreme Court} granted liberty to the petitioners therein and any other aggrieved^{person to} challenge the validity of Section 22-A of the Act and directed the 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 subject to the^{result of} the writ petitions now pending before the High Court and the^{partiesshould} not claim any additional equity. Eventually, the Honble Supreme Court held as under:

¶167

"7. We note that in all these appeals, registration has been permitted making it subject to the result of the appeals with a further condition that no further registration shall take place without permission from the Court. It is ordered that the registration already permitted by this Court shall^be treated as a provisional registration subject to the result of the writ petitions now pending before the High Court.^We make it clear that merely because registration has been^permitted, the parties shall not claim any additional equity. We further make it clear that without express permission from the High Court, there shall be no further transfer. In order to^avoid

¶168

NVSK, J wP N.i.964s of 2021 rra 26153 0t 2rl23

¶169

¶170

further difficulty to the similarly situated peoplc, wr: make it clear that it will be open to them to approach the High Court and seek appropriate and similar interim orders regarding transfers cturing the pendency of the writ petitions.

¶171

The learned senior counsel has pointcd out that same meclrarrism for redressa,l under Section 22 A (ll (e) nay be made applicable as far as the grievance in respcct of Section 22A (1) (a) to (d) is concerned. It is pointed out that even in respect of the orders which have othcrwise become fina.l, they would be relegated to the same authority and will be subject to further revision/appeal etc. This is also a matter to be considered by the High Court when the writ pctitions are linally heard. Therefore, we permit the parties to raise this contention also before the Bench concerned while cor-isidcring the vires ol the Section, in order to reach a workable solutron. The Court may consider the issue on its own nterit and the impugned order shall not stand in that rvay.

¶172

We further make it clear that we have not otheru,ise considered the matter on merits.

¶173

In view of the above, the appeals are disposed of."

¶174

Thereafter, thc Division Bench of this Court in W.1,. 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 and the Amendecl Act, 19 of 2OO7 with effect from 2O.06.20O7, which was under challenge. The Division Bench of this Court vide its common judgment datcd 19. lO.2O23 had upheld the validity of the Section 22-A of tt.e Act.

¶175

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

¶176

tvsK, J vr.P, I'l0r-9645 0f202t rnd 26353 0a2023

¶177

"22-A. Prohibition of Registration of certain documents:-_

¶178

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

¶179

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

¶180

(b) documents relating to transfer of propert5r by way of sale, agreement of sale, gift, exchange or lease in respect of immovable property owned by the State or Central Government, executed by persons other than those statutorily empowered to do so;

¶181

(c) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by Religious and Charitable Endowments falling under the purview of the Andhra Pradesh Charitable and Hindu Religious lnstitutions and Endowments Act, 1987 or by Wakfs falling under the Wakfs Act, 1995 executed by persons other than those statutorily empowered to do so;

¶182

(d) Agricultural or urban lands declared as surplus under the Andhra pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 or the Urban Land (Ceiling and Regulation) Act, 1976;

¶183

(e) Any documents or class of documents pertaining to the properties the State Government may, by notification prohibit the registration in which avowed or accmed interests of Central and State Governments, Local Bodies, Educational, Cultural, Religious and Charitable Institutions, those attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect these interest.

¶184

NVSI(, J w.P. Nos.9t,45^{0f2o2land 263530r2023}

¶185

¶186

(2) Iror the purpose of^{Clause(e) of sub-section (l), thc} State^{(]overnment shallpublish a notificationaftero1'taining} reasons for ancl^{full descriptionof properties furnishecL by the} District Collectors^{concerned in the manner as rnaybe} prescribed.

¶187

(3) Notwithstanding anything^{contained in this {ct, the} registering ofhcer^{shall refuse to register any documcntto} which a not ification^{issued under Clause(e) of sub-seclion (1)'}

¶188

(4) 1'he State Government^{either suo motu oI on an} application by any^{person or for giving effectto the finaI orders} of the Higl-r Court^{of AndhraPradesh or Supreme (iourt of} lndia may^{proceedto denotify, eitherin full or in part, the} notification issued^{under sub- section(2)."}

¶189

2|.TheDivisiont]enchofthisCourtintheabovebatchofW.P.No.283Oo of 2oo7 vide^{its common judgment dated19.1O.2023at para No.25 held as}

¶190

under:

¶191

"25. Tl.tus, from^{a perusal of the statement of Objcctsand} Reasons, it is evident^{that Section 22A of the Act has been} incorporated to empower^{the Governmenttonotify the} registration of such^{documents or class of docunrentsas} opposecl to^{publicpolicy a-nd to reject their registrationThe} Act has ber:n amended^{to overcomethe defrciencl'pointed out} by a Division Bench^{of this Court and the SupremeCourt in} Basant Nahata^{(supra)and to avoid illegal transac:tions of} transfer o[^{propertyrelating to Government,religiorrsand} charitablc instltutions.^{The object of the provision rs to} protect thc vacant lands as^{well as the propertiesrn rvhich} State Govcrnment^{has either avowedoraccruedillterest,} propertics belonging to local bodies^{as well as rehgious and} charitable institutions and wakfs.^{With rapid increaseof} population arnd industrialization, the^{pricesof landavailable} for agriculturc and human^{inhabitation have skyrocketed.}

¶192

r.vsr(, J W.P. No:.9645 of 2o2l .nd2635l ol2023

¶193

¶194

The Iand mafia and unscrupulous elements arc^grabbingthe land and encroaching the public and private properties^al-td 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."

¶195

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

¶196

"30. Thereafter, the Full Bench of this Court in Vinjamuri Rajagopala Chary in paragraphs 155 and 156 of its decision held as follows:

¶197

"155. Further, as noticed earlier the State Government is empowered either suo motu or on application to consider the grievances against inclusion of any property in the prohibitory list under Section 22-A of Registration Act and is also empowered to de-notify either in full or in part the notification issued under sub-section (2). In our opinion, the redressal mechanism is available only with respect to notifications published relating to the properties falling under clause (e) of Section 22-A. Hence, any grievance of the parties with reference to the properties covered by clauses (a) to (d) will have to be questioned by the aggrieved parties only by approprj.ate proceedings before a competent Court and the adjudication by such Court would be hnal. Further, so far^as notified properties falling under clause (e) are concerned, the redressal mechanism under subsection (4) oi Section 22-A would be able to effectively address the grievance provided the mechanism thereunder is effective, expeditious, fair, and judicious. Thus, in order to make al effective redressal mechanism, we deem it appropriate to direct the respective Governments of both the States to constitute a Committee or

¶198

IIVSK, J W.P. Nos.9645 oI2O2l u.l26353 of2023

¶199

¶200

establish a Forum wrthin time framc, may be comprising of Principal Secretary of Revenue, Director of Survey and Land Records and a retired Judicial Officer of the rank of a District Judge r.,r,l'rich shall meet periodically to consider the^grievances of the persons affected by the notifications. The Committee shall be empowered to examine relevant records and then pass a reasoned order either accepting or rejectir-rg the grievance by either confirming/delet.ing/ modifying any such property from the notified list o[ properties. In our view, such orders passed by the Committee shall be binding on the State as well trs on the aggrieved person and in the event of any of them being aggrieved thereby, they shall have to ap1;roach a compctent Court of Law for redressal of their grievancr:.

¶201

Wc, thus, summarize our conclusions and issue directions as follows :

¶202

(i) The authorities mentioned in the guidelines, which are obliged to prepare lists of properties covered by clauses (a) to (d), to be sent to the registering authorities under the provisions of Registration Act, shall clearly indicate thc relevant clause under whiclr each property is classihed.

¶203

(ii) Insotar 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 thc properties covered under clause (b), they shall clearly indicate which of the Governments own the prol)erty.

¶204

(iii) Insofar as paragraphs (3) arrd (4) in the Guidelines, covering properties under clause (c) and (d) are concerned, the authorities contemplated therein sha11 also forward to the registering authorities, along with lists, the extracts of registers / gazctte if the property is covered by either endowment or wakf, and declarations/ orders made under the provisions of Cciling Acts rf the property is covered under clause (d).

¶205

NVSI(. J W-P. Nor.96a5 oa 202l^an.t 263s3^oI2o2X

¶206

¶207

(iv) 1'he authorities forwarding the lists of properties / Iands to the registering authority shall also upload the same^{to the} website of both the Governments, namely igrs.ap.gov.in of the State of Andhra Pradesh and registration.telangana.^gov.in of the State of Telangana. If there is any change in the website, the State Governments shall indicate the same to all concerned, may be by issuing a^press note or^an advertisement in prominent daily news^papers.

¶208

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

¶209

(vi) The properties covered under clause (e) of Section 22-A shall be notihed in the ofhcial^gazelte of the State Governments ald shall be forwarded, along with^{the Iist of} properties, and a copy of the relevant notificatlon/ gazette, to the concerned registering authorities under the^provisions of Registration Act and shall also place the said notification/ gazette on the aforementioned^{websites of both} the State Governments. The Registering authorities^shall make ava.ilable a copy of the Notification/^Gazette on^an application made by an aggrieved^party.

¶210

(vii) The registering authorities would be^justif-red 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 the^{guidelines,as} aforementioned, have communicated the^lists of^properties prohibited under these clauses.

¶211

{viii)^{The concernedauthorities, which are obligedto furnish} the lists of properties covered by clauses^(a) to^{(d) of sub-} sectron (1) of Section 22-A, and^{the concernedRegistering} Officers shall follow the^guidelines scrupulously.

¶212

¶213

W P, Nos 9645 of2O2I .n.126353 .f2O2!

¶214

(Lx) It is open to the parties to a document, if the relevant property/land finds place in the list of properties cr:vered by clauses (a) to (d) of sub-scction (1) of Section 22-A, lo apply for its deletion from the list or modification thereof, to the concerncd authorities as provided for in the guideliLres. The concerned authorities are obliged to consider the rcquest in proper perspective and pass appropriate order within sr-x weeks lrom the date of receipt of the application ancl make its copy available to the concerned party.

¶215

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

¶216

(xi) Apart frorn the redrcssal mechanism, it is also open to an aggrievcd pcrson to approach appropriate forum including Civil Court for either seeking appropriate declarirtion or deletion of his propertl,/land from the list of prohibited properties or for any other appropriate relief.

¶217

(xii) The directions issued by learned single Judges in slx judgrnents (W.P.No.2775 of 2OO9, dated 15.03.2011; W.P.Nos.20050 of 2O11 zrnd batch, dated 08.09.2011; W.P.No.26566 of 2Oll, dated 18.01.2013; W.P.No.3O526 of 2012 antl batcl-r, dated 31.72.2012; W.P.No.31409 <';[ 2014, datecl 29.O1.2015 and W.P.No.24587 of 2Ol4 ancl batch 01.06.2015) or any other judgments dealing wrth the provisions of Section 22-A, if are inconsistent with the observations m:rde or directions issued in this judgmt:nt, it is made clear that the obscrvations made and directions issued in this judgmcnt shall prevail and would be binding on the parties including thc registering authorities unrier the Registration Act or Government ofhcials or the ofhcials under the Endorvments Act, Wakf Act and Ceiling Acts.

¶218

xvsK, J W,P Nor-96as of 2o2l rnd²⁶³⁵³ of2023

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(xiii) If the party concerned seeks extracts of^the Iist/ register/ ga zette of properties covered by clauses^{(a) to(e)} of Section 22-A ll), received by the registering officer^{on the} basis of which he refused registration, it shall be furnished within 1O days from the date of an application made by the aggrieved party.

¶221

(xiv) Registering officer shall not act and refuse registration of a document in respect of any property furnished to him directly by any authority/ officer other than the ofhcers/ authorities mentioned in the Guidelines.

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(xv) Mere registration of a document shall not confer title on the vendee/alienee, if the property is otherwise covered by clauses (a) to (e), but did not find place in the lists furnished by the concerned authorities to the registering ofhcers. In such cases, the only remedy available to the authorities under clauses (a) to (e) of sub-section (l) of Section 22-A is to approach appropriate fonlms for appropriate relief."

¶223

From a perusal of the Notihcation in R.R. No.83, dated 25.09.2O13, the subject lands were notified under Section 22-A lll(al for the^{purpose of} Section 22-A(1). It is only a notice given inviting objections and suggestions on the above proposal from all persons who are likely to be^{affected thereby} for being taken into consideration by the Government. The details of^the properties mentioned in the annexure states that the subject lands are Government lands.

¶224

Section 22-A (l) (e) of the Act manifests that any^{documents or class} of documents pertaining to the^properties, the State^{Governmentmay,} by notification prohibit the registration^{in whichavowedor accrued interests}

¶225

Itvsx, J W,P. os.9645 ot2O2l :nd 25353.of2023

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of Central and Slate Governments, Local^{Bodies, Edur:ational, Cultural,} Religious and Chrrntable Institutions,^{those attachedby Civil, Criminal,} Revenue Courts and Direct and Indirect^{Tax Laws and others whichare} likely to adverscly affect these interest.

¶228

Section 22-A 12) reads as under:

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" (2) For the purpose of Clausc (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 concerned^{in the manner} as may be prcscribed."

¶230

It is pertinent to note thatⁱⁿ the^{case of Vinjamuri 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 with respect to the^properties falling under^{clauses (a) to(d) of} sub-section (1) of Section 22-A. As^per Clause^{(vi), the propertiescovered} under clause^(e) of Section 22-A shall be notihed^{in the offir:ialGazette 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 under the provisions of Registration^{Act and shall also placethe} said notificationf Gazette on the websites of both^{the State(]overnments.}

¶231

The subject Iands in these writ petitions as^per the^{Notification in} R.R.No.83 in File No.E5I473012013/Quthbullapur/Quthbullapur, dated 25.09.2073 , which according to the District Collector werc classified as Government lands and a Notification was issu<:d calling for objections/ suggestions before placing for prohibitions. Ser;tion 22-A (11^(el

¶232

nvsr, J WP [.s.9645 of²⁰²¹ rnn263s3.t²⁰²³

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and (2) stipulates that if^{any land isclassified and determinedas} Government land, the^{Governmentshall publish anofficial Gazette} notihcation after obtaining^{reasonsfor and full descriptionof properties} furnished by the District Collector^{concernedin the manneras prescribed.} In the case on hand, the^{respondents have not followed the provisionsof} Section 22-n0@(2<sup>and the gr.ridelinesissuedby the Full Bench in the case of Vinjarnuri Rajagopala^{Chary(Supra) wherein at para 156 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 lands have to be} notilred in the official Gazette^{of the State.The Notification in R.R. No 83} d,ated, 25.O9.2O13 communicated^{by the JointCollector,Ranga Reddyvide} File No.F,5/ 4730 12O13/Quthbullapur/Quthbullapur,^{dated25-O9.2O13;} Deputy Collector and Tahasildhar, Quthbullapur^{Mandal, File} No.B/583/2012, dated 17.O2.2012^{and the Gazette NotifrcationNo. 134,} dated 1O.03.2OO5 and G.O.Ms.No.292,^{Revenue (Registration-I), 9th March} 2005 communicated by the^{Commissioner and InspectorGeneral(Revenue} & Stamps), Hyderabad^{vide File No.GI/4661} 12O05,^{datedO2.O7.2OO5 ate} not in accordance with^{the provisions of the Section 22-A (ll (e\ and 22 (ll(21} and also as per Clause^{(vi) of the guidelines issuedin the case of Vinjamuri} Rajagopala Chary (Supra) and^{the same cannot be the basis for denyingfor} registration of the subject^properties.

¶235

27 . Further, the Tahsildar^{vide File No.B/583/2012,dated17 'O2} '2012 had notihed the^{particular propertyas the Governmentland alld requested} the sub-Registrar not to^{register any deed of conveyance. The District}

¶236

NVSK. J 27 W.P. Nos 9645 642021 rnd 26353 ol2O2l

¶237

collector on 25.09 .2073 had^{issued preliminary notifir:ation calliriifor} objections and the said notification^{was found to be defective by this court} in W.P. No.19069 of 2Ol4 dated 25.08-2014.

¶238

It is also pertinent to^{note that in the counter hled in W.P. No.26353} of 2023 prohibiting transfer/ registration^{that subseqr-rentto 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 Governmentin terms of} the guideline No. (vi) issued by the^{Fu1lBench in the case of Vinjamuri} Rajagopala Chary (Supra).

¶239

As such, the Notification in^{R.R.No.83 in File No.E5l473O/2O13/} Quthbullapur/Quthbullapur,^{dated 25.O9.2013, is onlyie notice givenfor} inviting objections and suggestions and this^{cannotbe the basis for refusal} for registration of the subject properties.^{In view of thc same, Gazette} Notification in R.R. No.83, dated 25.09.2013,^{communicatedby the Joint} Collector, Ranga Reddy vide File No.trS14730 /2O^{13/Quthbullapur/} Gajularamaram, dated 25.O9.2013, 2l Deputy^{Collector &Tahsildar} Quthbullapur^{Mandal,File No.B/58312O12,dated 17 02.2012and the} Gazette Notification No.134, dated^{10.O3.2OO5and G.O.Ms.No.292, dated} 09.03.2005 are not i.n consonance^{to the provisionsof Section22-A of lhe} Registration Act, 1908 and 22-A(1)(e)^{and Clause (vi) of the guidelines and} the same cannot be referred for the purpose of denying^{registration of the} File subject properties. Consequently, reference made vide in No.Es /4730 12013 / Quthbullapur/ Gajularamaram, and File

¶240

Itvs(, J 28 !P.P. llor.9645 ol2o2l I.126353 ol2023

¶241

No.E 5 / a7 30 / 20 1 3 / Quthbullapur/ Quthbullapur,^{dated 25.O9.2013 and File} No.B/583/2012 dated 17.O2.2O12 of the Tahsitdar, Quthbullapur^Mandal, are declared as illegal, arbitrary and bad in law and^{are hereby set aside.}

¶242

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

¶243

This Court on 22.09.2023, while directing^{the Registering authorityto} receive and process the document without reference to the^{letter dated} 17 .O2.2O12, and the Notification in R.R.^{No.83 dated25.09.2013,had} directed the petitioner not to resort to further^{conveyanceof 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 2021 and 26353of 20231 are} allowed, the condition that was^imposed to^{the effectthat not to resort to} further conveyance of the subject^{propertyisherebyrecalled.} The Registering Authorities are directed to^{makenecessary changes in the} records.

¶244

It is made clear that mere registration^{of the documentdoes not confer} title on the subject property and it^{is also made clearthat this order would} not have any bearing on all those^{matters where} title/rights^{of the parties} are pending before the authorities either^{in revision/appealsfor adjr.r.dication} and in any other case this order also does not^{preclude the parties in} asserting their rights before a competent^{Court of law. There shall beno} order as to costs.

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Nvsl<i J W.P. Nor 9545 ol2O21 rnd 26353 of 2023

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

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closed

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JUSTICE N.V. SHRAVAN KUMAR

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Date:22.03.2024

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