Allowed

Methuku Sanjeev Reddy v. The State of Telangana and 4 others

Telangana HC7 Aug 2024WP/7911/2020

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the refusal of a Sub-Registrar to register an Agreement of Sale-cum-GPA. The court held that a preliminary notification inviting objections under Section 22-A (1) (e) is insufficient to bar registration without a formal Gazette notification as mandated by law.

What did the court decide?

The references to the defective notification and the subsequent refusal order were declared illegal, arbitrary, and bad in law and set aside. The Sub-Registrar was directed to process and register the

Methuku Sanjeev Reddy Vs The State of Telangana and 4… — Property and Title | Telangana HC (2024)

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[^32ss I

¶2

HIGH COURT FOR THE STATE CF^{TEL.ANGANAAT HYDERABAD} (Special Or!ginal Jurisdiction)

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VVEDNESD^Y,THE SEVENTH DAY^OF AUGUST T^./O THOUSAND AND TWENTY FOUR

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PRESENT

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THE iIONOI,'RABLE SRI. JUSTICE N.V.SHRAVAN^KU MAR

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wRlT PETiTION NO:7911 0F 2020

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Between:

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Methuku Sanjeev Reddy,^-S/o M.Chartdra^Redciy, Aged about 31 years, Occ Busrness, R/o. Plot No.363, irlahankali Nagar, Shamshiguda, Kukatpally, Hyderabao.

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...PETITIONER

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AND

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The State of Telangana. Rep. by its Princioal Secretary^(Reveirue). Secr€tariat, Hyderabad.

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The District Rcgistrar. Medchal-^Malkajgi!'i 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 Tahasildar, Quthbullapur Vandal, lvledchal-Malkajgiri^District.

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.^{...RESPONOENTS}

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F'etition undei' Art,cle 22ti ot the Donst;l.utioir^{of lndia prayingtirat in the} circunrstances stated in the affida^{rit fiied therewaih,the High Court rnay be} pleased to issue Writ, OrCer or direeticn mcre^particularly one in the nature of^!Vr;t of Mandarnus de.laring the action of the^{3rd iespondent i.e., The SubRegistrar,} Quthbuiiapur, Medchal^{- Malkajgiri District,in refusingto register and releasethe} Agreement of Sale-cum-GPA^{with Possession videPending Document No.} P.12712O2O Cated 03/06/2020,^{vicie lnti!'nationof Refusal No. 65/2020dateC} O1,IOB|1O2O, on the^ground ihal^{the Petitioner propertyi.e., Plot No. H-r13,} adnreasuring 150 Sq. Ybrris !n Sy.No.^{329/10, qituated at [r4ahadevapuranr} Resitlential Project, Gajularamararn^{r/illage,OuthlullapurManciaiand} Murricrpality. f"4edchal-^{tvlaik3.igiriD::irriclis in prchibltory list undeisecii)t122-A oi}

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Registration Act as^per the^'1.Ranga Reddy District Gazette Notification.R. R No.83, communicated 5y Joint Collector,RanEa Reddy vide File No.E514730/201 3/Quthbullapur /Nizampet, daled 25logl2o13, 2. Deputy Co ector and Tahasildar Quthbullapur Mandal, File No. 0158312012, dated 1llO2i2O12 and 3.Gazette Notification No.134, daled 101O312005 and G.O.Ms.No.292, Revenue (Registration.l), 9th March 2005 communicated by Commissioner and lnspector General (R and S), Hyderabad vide File No.G 1/4661/2005, Dt.02l07/2005, is illegal, arbitrary, in vrolatron of Articles 14, 21 and 300-A of Constitution of lndia and also in violatior: of Registration Act,1908, besides in violation of principles of natural justice and consequently direct the respondents herein to register and release the Agreement of Sale-cum-GPA with Possession vide pending Document No. P.12712020 dated 0310612O20.

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lA NO: 1 OF 2020

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Petition under Section^'15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.3 herein to register and release the Agreement of Sale-cumGPA with Possession vide Pending Document No. p.127 t2020 dated 03-06-020 by suspending the refusal order passed by respondent No.3 vide lntimation of Refusal No, 6512020 dated 04-06-2020, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI KATIKA RAVINOER REDDY

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Counsel forthe Respondents: AGP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HONOURABLE^{SRI JUSTICE N.V. SHRAVANKUMAR}

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W.P. No.7911 of 2O2O

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ORDER:

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

¶30

The learned counsel for^{Lhe petitionerwould submit that the subject} matter of this writ^petition is^{squarelycoveredby the common order dated} 22.03.2024^passed in^{W.P. Nos.9645of 2O2l and W.P. No'26353of 2023} by this Court. The^{iearned counsel wouldfurther submitthat this Court,} while granting interim order^{dated 28.04.2021in W.P. No.9645 of 2O2l Flad} stipulated a condition not^{to resort to further conveyanceof the subject} properry without leave of this^{Court and similarly in W.P. No'26353 of 2023} this court, while^{granting interim order dated 22.09.2023,had prohibited} the parties from^{proceeding with further conveyanceof the propertyexcept} on obtaining required^{permissionfrom this Court.}

¶31

It is further submitted that^{in the present writ petition this court,} whiie granting interim^{order dated L0.06.2020, had directed the Registering} authorities to register^{the subjectdocuments. Subsequently,in pursuance} of said interim order,^{the Registering authoritieshave registeredthe subject} documents and as on today,^{on behalf of the respondents/Registering} authority no counter^{has been hled.}

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On the other hand, the learned Assistant Governntent pleader appearing for the Stamprs and Registration did not dispute the submissions made by the learned counsel lor the petitioner.

¶34

Heard the learnecl counsel on either side and perused the material made available on recorcl.

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At this junc[urc, it is signihcant to note that the Division Bench of this Court vide its common order dated 19.1O.2023 passed in W.P. No.2830O of 2OOT and batch had dealt with the validiry of Section 22-A c,f the Act as incorporated in the Registration Act, 1908 and the Amended Act, 19 of 2OO7 with elfect from 20.06.20 07 and had upheid the validity of the Section 22-A of the Act.

¶36

7 . Having gone throrLgh the ma[erial made available on tht: 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 2'2.03.2024 passed in W.P. Nos.9645 <tf 2O2l and 26353 of 2023 by this Court, which reads as under:

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"23. From a perrrsal of the Notification in R.R. No.83, dated 25.09.2013, the subject lands wele notihed under Section 22-A (1)(a) for the purpose of Section 22-A(1). It is only a notice given inviting objections and suggestions on the a bove proposal from all persons who are likely to be affected thereb)' ior being taken into consideration by the Government. The details of tht: properties mentioned in the annexure states that the subject lands are Gor, ernment lands.

¶38

Section 22-r\ (1) (e) of the Act manilests that any documents or.class of documents pertaining to the properties, the State Government may, by notification prohibit the registration in u,hich avowed or accrued interests of Central and Srate Governments, Local Bodies, Educational, Cultural,

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Religious and Charitable Institutions, those attached by Civil, Criminal, Revenue Courts and Direct and lndirect Tax Laws and others which are Iikely to adversely affect these interest.

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Section 22-A (21 reads as under

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

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It is pertinent to note that in the case of VinJamurl 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 (ll of Section 22-A. As per Clause (vi), the properties covered under clause (e) of Section 22-A shall be notified in the olficial GazRLte 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 o[ Registration Act and shall also place the said notifrcation / Gazette on the websites of both the State Governments.

¶44

The subject lands in these writ petitions as per the Notification in R.R.No.83 in File No.E5/47 30 I 2013 I Quthbullapur/Quthbullapur,^dated 25.09.2013, which according to the District Collector were classilied^as Government lands and a Notification was issued calling^for objections/ suggestions before placing for prohibitions. Section 22-A^{(1) (e)} and (21 stipulates that if any land is classifred and determined^as Goyernment land, the Government shall publish an official^Gazette notihcation after obtaining reasons for and futl description of^properties furnished by the District Collector concerned in the manner^{as prescribed.} In the case on hand, the respondents have not followed the^provisionsof Section 22-A(1)(e)(2) and the guidelines issued by the Full^{Bench in the} case of VlnJamuri Rajagopala Chary^(Supra) wherein at^{para 156 held} that the authorities are obliged to follow Clause^(vi) for those^properties covered under Clause (e) of Section 22-A of^lL,e Act, whereby such^lands have to be notified in the official Gazette of the State. The Notification in R.R. No.83 dated 25.09.20 13 communicated by the Joint Collector, Ranga Reddy vide File No. E5 / 4730 / 2013/ Quthbullapur/ Quthbullapur, dated 25.O9.2O13; Deputy Collector and Tahasildhar, Quthbutlapur Mandat, File

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-i::

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No.B/583/2012. dated 17.02.2012 and the Gazette Notitication \o. 134, dated I0.03.2005 ar]d G.O.Ms. No.292, Revenue (Registration-I), 9d March 2005 communicatt:d by the Commissioner and Inspector r]eneral (Revenue & Stamps), Hyderabad vide File No.Gl/a661l2005, dated O2.O7.2OOS are not in accordance with the provisions of the Secti()n 22-A (1) (e) and 22 (l)(2J and also as per Clause (vi) of the guidelines is,sued in the case of Vinjamuri Rajagopala Chary (Supra) and the same carlnot be the basis for denying for registration of the subject properties.

¶48

Further, tlre I'ahsildar vide File No.B/583/2012, dated 17.O2.2O12 had notified the llarticular property as the Govcrnment lard and requested the Sr-rb-Registrar not to register any deed of conveyance- The District Collector <tn 25.O9.2O13 had issued preliminary notification calling for objectronsi and the said notification rl,as lound to be defer:tive by this Court in W.P. N:. 19069 of 2Ol4 dated 25.08.2014.

¶49

It is also pertinent to note that in the counter filed in W.P. No.26353 of 2023 prohibitir.Ig transfer/ registration that subsequent o the Notihcation in R.R. No.83 dated 25.09.2O13 the answering respondents have not taken an,r steps in notifying in the official Gazette of State Goverxment in terms of the guideline No.(vi) issued by the Full Bench in the case of Vinjamuri Rajagopala Chary (Supra).

¶50

As such, the Notification in R.R.No.83 in File No. E5/473O /'2Ol.3l Quthbullapur/ Quthl:ullapur,^{dated 25.O9.2O13, is} only a notice^{given for} inviting objections rand suggestions and this cannot be the basis for refusal for registratjon of the subject properties. [n view of the same, Gazette Notification in R.R. No.83, dated 25.O9.2013, communicated b], the Joint Collect()r, Ranga Reddy vide File No.Ds/a73Ol2Ol3/ Quthbullapur/Gajularamaram,^dated 25.09.2013, 2) Deputy Collector & Tahsildar Quthbultapur Mandal, File No-B/583/20 12, dated 17.02.2Ol2 and the Gazette Notification No.134, dated 10.03.2005 and G.O.Ms.No.292, dated 09.03.2005 are not in consonance to the provisions of Section 22-Aof the Registration Act, 1908and 22-A(1)(e) and Clarrse (vi) of the guidelines arrd the same cannot be referred for the purpose of denying registration of the subject properties. Consequently, rel'erence made vide in File No.ES/ 4730l2ol3lQ\thbullapur/Gajularamaram, and File No. E5/ 4730 / 2⁽⁾ 13 / Quthbullapur/ Q uthbullapur, dared 25.Ot).2O13 and File No.B/583/2012 dated t7.O2.2Ot2 of rhe Tahsitdar, Quthbrruapur

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Mandat, are declared as illegal, arbitrary^{and badin larv and arehereby} set aside.

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Accordingty, W.P- Nos.9645 of^2O2 t and^{26353of 2023 are allowed}

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This Court on 22.O9.2023, white directing the^{Registeringauthority} to receive and process the document^{without referenceto the letter dated} 17.02.2012, and the Notihcation in R.R. No.83^{dated 25.O9.2O13, 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 ot 2O2l and 26353 of 2023)^are allowed, the condition that was imposed to the^effect that^{not to resort to} further conveyance of the subject^property is^{herebyrecalled.} The Registering Authorities are directed to make necessary^{changesin the} records.

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It is made clear that mere registration of the document^{does not} confer title on the subject propertl,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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B. Since the issues involved in this writ^petition are similar^{to thosethat} have been considered by this Court in the common^{order dated 22.O3.2O24} passed in W.P. Nos.9645 of 2O2l and 26353 of 2023 and for the^reasons atike, this writ petition is allowed in terms of the^{commonorderdated} 22.03.2024 passed in W.P. Nos.9645 of 2O2l and^{26353 of 2023 by this} Court. 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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SB/. NAYANI CHANDRA SEKHAR RAO ASSISTANI REGISTRAR //TRUE COPY// )^- SECTION OFFICER

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To, 1 . T'fiE Principal Secretary (Revenue), Secretariat, State of Telangana, 1.lyderabad.

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The District Registrar, Medbhal- tlalkajgiri Eistrict:

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The Sub Registrar, Quthbullapur, Medchal- Malkajgiri District.

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The Collector, lvledchal - Malkajgiri Diskict,

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TheTahasildar, QuthbullapurVandal, Medchal-Malkajgiri District.

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One CC to SRI KATIKA RAVINDER REDDY, Advocate [OPUCI

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Two CCs to GP^rOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUT]

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Two CD Copies

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(Along with a copy of common order dated 22.03.2024 passed in W.P.No.9645 ot 2021 and W.P.No.26353 ot 2023) GBR

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HIGH COURT

DATED:0710812024

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ORDER

WP.No.7911 of 2020

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ALLOWING THE WRIT PETITION WITHOUT COSTS

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2 w.P, Nos.96{5 0,2021 anit 263s3 NVSK, J0t 202a

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THE IIONOURABLE SRI JUSTICE N.V. SIIRA/AN KUMAR

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W.P. Nos. 9645 of2O2L and 25353 of2023

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COMMON ORDER:

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Since the issues involved iri' 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 seeking 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.O3-O22, and Plot bearing No.03-022/NR, with a plinth area of 435 sq.fts., Commercial and 4OO 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 flrst floors, on Plot No.1034, and land admeasuring 142 sq.yds., covered under Block No.3 and Ward No.l, in Sy.No.l07, situated at Weaker Section Housing Colony, Suraram Colony of Suraram village, Quthbullapur Mandal, and Municipality, under GHMC, Medchal-Malkajgiri district (herein after referreld 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.E5/473O /20t3 /Quthbuilapur/ Nizampet dated, 25.O9.2013, 2. Deputy Collector & Tahsildar Quthbullapur Mandal, File No.B/583 12012, d.ated 17.02.2012 and 3. Gazette Notification No. 134, dated 10.03.2005 and G.O.Ms.No.292, Revenue (Registration.I), 9th March 2O05 communicated by Commissioner and Inspector General (R&S), Hyderabad vide File No.G114661/2OO5, dated O2.O7.20O5, is illegal,

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w.P Nos e,;4s or2o2r ."" #."Jj i.ror"

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arbitrary, in violation of Articles 14, 2I and 300_4 of Constitution of India and also in violation of Registration Act, 1g0B besides in vioration of principles of natural justice and consequently direct the respondent No.3 herein to receive ilncl register the sale deed presented bv the petitioners, rn respect of the House bearing No.03.022, and piot bearing No.03-O22lNR, with a plinth area of 435 sq.fts., commercial and 4oo sq.fts., residential in ground floor and gii5 sq.fts., in first floor, thus totally 435 sq.fts., comrrrErcial in ground floor and 1235 sq.fts., residential in ground and first floors on plot No. i034 and land admeas uring 142 sq.yds., covered under Block No.3 and Ward No. 107, situated at Weaker Section Housing Colony, Suraram Colony of Suraram Village, euthbullapur Mandal and Municipality, undcr GH MC, Medcha_l_Malkajgiri district.

¶99

3' w'p' No'26353 0f 2023 has been filed seeking a writ of mandamus questioning the action of the respondent No.3, Sub_Registrar, Qruthbullapur, Medcha[-Malkajgiri in not receiving and registering the sale deed presented by the petitioner in rssp661 of all that the House No.28_169 /4 / 2 / 1 (PTIN No' 1151601839), "vith^{printharea of 450} sft., of RCC in ground floor and 45O Sft., of RCC in first floor, thus the total plinth are is 9OO Sft., (G* t ) of RCC admeasurrng 1OO square yards or g3.67 sq. meters (covered under Block No.2g) in Survey No. I51, situated at Maruthi Nagar of Quthbullapur village and Mandal, under GHMC euthbullapur Circle, Medcal-Malkajgiri distric t, Telangana Shte (hereinafter referred to as 'the subject property) on the basis of prohibitory list under Section 22-A of the Registration Act, 19Og as per the I . Ranga Reddy Distri ct Gazette

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aqa

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N1ISr,^J \n 26353^{oI 2023}

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Noti{ication R.R.^{No.83, communicatedby Joint collector'Ranga Reddy vide} File No.E5/473Ol2O13lQuthbullapur/Quthbullapr'rr^{dated 25 09'2O13'} 2. Deputy^{Collector & Tahsildar Quthbullapur Mandal'File No B/583 l2ol2'} dated, 17 -O2.2O12^{and 3. Gazette Notihcation No 134' dated1O'03'2O05 and} G.O.Ms.No.292,^{Revenue(Registration'l), 9th March 2005 communicated by} commissioner^{and Inspector General(Revenue & Stamps), Hyderabad vide} File No.G1/4^{661/2OO5, datedO2'O7'2005, as illegal'arbitrary'in violation} ofArticles14,2land'3oO-AofConstitutionoflndiaandalsoinviolationof Registration^{Act, 1908 besides in violation of principles of naturaljustice} and consequently^{direct the respondentNo'3 to receiveand register the} subject^{propertywithoutreference to the Gazette No'83'}

¶104

Brief facts^{of the case in W'P' No'9545 of 2O21 are that the vendor of} the petitioner^{is the absolute owner and possessorof the subjectproperty} and having^{purchased the same through registeredsale deed bearing} document^{No.745l/2O12,dated12 07 '2021' the petitionerand his} predecessors^{are in the title and in peacefulpossession' withoutthere being} any interference^{from any quarter' It is submittedthat the petitionerhas} prepared the^{sale deed and aiso paid Challan on |B'O2'2O21and the same} was presented^{before the 3'd respondent forregistration'butthe} 3d respondent^{has refusedto receiveand registerthe same on-theground} that the^{subject propertyis locatedin Sy'No'107' situated at Weaker Section} Housing Colony,^{Suraram Colony of Suraram village' QuthbullapurMandal} and Municipality,^{underGHMC,Medchal-Malkajgiri District' whichis under}

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I{VSK, J

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W P. Nos 9645 tt 2O2r ,ni! 26353 o( 2c23

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..i

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

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" L The pro[)erty is Government land, notified as prohibited property u/s 22 A of Registration Act as per the Ranga Reddy District Galzetle Notihcation R.R.No.g3, Communicatecl by Joint Coller:tor, Ranga Reddy vide File No.E5/47 3O/2Ot3/ Quthbullapur/ \tizampet, dated 25_O9_2013.

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2 Deputy Collector & Tahasildar euthbullapur Mandal. File No. B / 583 i2or2, dated r7_O2_2Ot2

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Gazetie Notification No.134, dated 1O_03_2O05 and G.O.Ms.No.292, Revenue (Registration.I), 9rh March 2005 communicated ity Commissioner and Inspector General (R&S), I{yderabad Vide File No.Gt / a66t / 2005, Dt.02_07_2005."

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5 Challenging thr: said action of the 3.d respondent, the petitioner filed the present writ peti[ion

¶114

Brief facts of the case in W.p. No.26353 of 2o23 are that the petitioner is the absolu:te owner and possessor of the subject property having purchased the s ame vide sale deed^'Document No.4914 of 2OO7, dated 22.O3.2OO7, registered at SRO., Ranga Reddy. It is submitted that due to his family necr:ss ities has offered to selr the subject property to the prospective purchaser and having come to know about the same, the prospective purchaser approached and expressed his willingness to purchase thc said property and upon offer and acceptance, both the parties have agrecd to go further and entered into sare agreement and presented the same for registration belbrc the respondent No.3 on 12.og.2o23 but the respondent No.3 has ref,sed to receive and register the sale deed on the

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l{vsK^J w.P. Nos^{s645.12o21ad 25353or 20ZJ}

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is located^{inSy.No.15 1 ,situatedat} ground that the^{subjectProperty} Mamthi Nagar^of QuthbullaPur village and Mandal,^underGHMC District, as Per^{the listin} Circle, Medchal-Malkajgiri QuthbullaPur Notification^{R. R} No.83, dated^{25.Og -2013,whichis under prohibitorylist as} per the Section^{22-A of the Registration Act' based on the foliowing} information.

¶118

"1. The^{propertyis Government land' notified as prohrbited} property L.ls^{22-AofRegistration Act as per the Ranga Reddy} District^{GazetteNotificationR'R'No'83' Communicatedby} Joint Collector,^{RangaReddyvide File No'E5/473Ol2Ol3l} Quthbullapur/Quthbullapur,^{dated25-09-2013'}

¶119

Deputy^{Collector& TahasildarQuthbullapurMandal'} File No. 81583/2012,^{dated' t7-O2-2O72'}

¶120

Gazette^{Notihcation No'134'dated 1O-03-2005 and} G.O.Ms.No.292,^{l<evenue (Registrationl)'9'h March2OO5} communicated^{by Commissioner and InspectorGeneral(R&S)'} Hyderabad^{Vide File No'G|/a661l2OO5'Dt 02-07-2005"}

¶121

7 Challenging^{the said action of the 3'd respondent' the petitionerfrrled} the^presentwrit Petition'

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COUNT^{ER FILEDINW.P. No.26353of 20232}

¶123

On behalf^{of the respondentNo'3 inW'P No'263 53 of 2023'} while denying^{the writ averments'counter affidavit has beenfiled ' inter alia'} stating^{that on verification of the prohibitory watch register'the land} bearing^{in Sy.No.151,situated at Maruthi Nagar of Quthbullapur village and} Mandal, under^{GHMC QuthbullapurCircle' Medchal-Malkajgiri District'}

¶124

tavsK, J w_P_ Nos.9645 0f202, .nd 26353 0f2023

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is classified as Government land, as such it is prohibited for registration under section 22-A. of the Registration Act, 190g as per the foliowing records

¶127

a) "Ranga Ilecldy District Gazette notihcation R.R. No.B3 communiczrted by Joint Collector Rangareddy vide File N o.E5 I 7 30 / 20 1 3/euthfuflapur/euthbulapur, dated 25i.01).2013.

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b) Deputy (tollector and Tahsildar, euthbullapur Mandal File No.Etl583 /2012, dated. tT.O2.2012 and

¶129

c) Gazette Norification No.134, dated 10.O3.20O5 and G.O.Ms.No.292, Revenue (Registration.l), 9th March 2005 comrrLunicated by Commissioner and Inspe<:tor General (Registration & Stamps), Hyderabad vide File No.Gl /456 L /20O5, dared 02.O7.2OoS."

¶130

9' It is submitted th.t in pursuance to the interim direction passed by this Court on 22.09.2,02,3 in the writ petition, the subject property in the writ petition was registr:red vide Document No.26459 /2023 registered at sRo, Quthbullapur. tt is Iurther submitted that in the interim order dated 22 'o9 '2023 passed by this court, reference of civil Appear No.4223 of 2or8 and batch has been take:r whereunder the Honble Apex court directed that the Registration- may go on pending the writ petition challenging the vaiidity of section 22-A of t]^e Re6listration Act. As the validity of the Section 22-A of the Act is upherd by the Division Bench of this court vide its order dated 19'lo'2023 in w.p. N.-2il3oo of 2oo7 and batch, the interim order passed by this Court on 22.09.2023 will no longer survive, as such, prayed to

¶131

rvsK, J sI P- Nos 9645 or2021 rnd 263s3 .f2023

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vacate the interim order dated 22.09 .2023 and consequently solrght to dismiss the writ petition

¶134

SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONER:

¶135

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

¶136

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

¶137

It is further submitted that^{the authoritiesare refusing to receive and} register the subject document^{basedon a Gazettenotification issuedin the} year 20O5, which was struck down by this^{Court in W.P. No.14099 of 20O3} while placing reliance on the^{judgmentrenderedby the Honble Supreme} Court in the case of State of^{Rajasthanand others Vs' Basant Nahatal} and thereafter, the Government^{has issued a fresh notification under the Act} 19 of 2OO7, therefore^{refusalfor registration of the subject property on the} ground of 20o5 notification is bad in^{law and the same is held by this court}

'^zoos {e)^nlr::(sc)

r{vst(. J

w_P. Nos 964s oa2{)2r

¶142

in the case of T.Yedukondalu Vs. The Principal Secretary to Governmentz

¶143

It is further subnritted that the Government Orders, which are relied on by the respondent No.3 in rejecting for registration ol' the subject property is G.O.Ms.No.7'86, dated 09.1 1. 1999, which stipulats prohibition of registration of documents on the ground that they are opposed to public policy therefore the prt:sent case of the petitioner is also covered by the above said issue. It^js further submitted that the acts of the respondents in including the subject property in the prohibitory list published under Section 22-A of the Registration Act vide G.O.Ms.No.280 to 296, dated 10.03.2OO5, vide File No.G)./4661/2OO5, dated 02.O7.2OOS, Gazette Notification No. 134, dated 10.O3.2005 is illegal and arbitrary and in violation of Articles 14, 2l and 3oo-A of the constitution of India and that the action of the 3"1 respondent in refusing to receive and register the subject property basing on the Notification vide It.R.No.83, issued by the Collector, Ranga Reddy District, is bad in law as he is not oompetent to issue such notihcation or directions to the 3.d respondent office.

¶144

The learned counsel for the petitioner would further submit that in similar circumstances, this Court in W.P. No.11330 of 2019 and in W.P. No.16899^-of 2Ol9 directed the authorities to register and release the documents.

¶145

'zorr 1a1^{eLo a:}

¶146

l{vsK J w.P. dos 964s oa2o2l^{and 26353oI2023}

¶147

¶148

On the other^{hand, the learned GovernmentPleaderfor Stampsand} Registration appearing^{for the respondentswhilereiteratingthe counter} averments would^{submit that the Division Bench of this Court in} W.P.No.2830oof2oorandbatchwhereinthevalidityoftheSection22-Aof theActhasbeenchaliengedvideorderdatedlg.l0.2o23passedorder validating the^{Section 22-A of the Registration Act' Hence' he sought to} dismiss the writ Pet^ition.

¶149

INTERIM ORDERS:

¶150

From^{a perusalof the proceedingsin W P No 9645of 2O2l ' this Court} on 28.O4.2021 ,^{passed the follo'"vinginterimorder:}

¶151

"Heard learnecl^{counsel for the petitioner'learned} Government^{PleaderforRevenueand learned Special} Government^{Pleader appearing for learned Advocate General}

¶152

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

¶153

The deed of conveyance^{presentedby the petitioner in} respect of^{House bearing No 03-022 and Plotbearing} No.O3-022 NR^{with a plinth area of 435 sq feet commercial} and 400 sq.^{feet residential in ground floor and 1235 sq feet} residential^{in ground andf-rrst floors on Plot No' 1034 and land} admeasuring^{142 sq. yardscovered under Block No'3 and} Ward No. I in^{SurveyNo. 107 situated at Weaker Section} Housing Colony,^{SuraramColonl, ofSuraram ViIIage'} Quthbullapur^{Mandal and Municipality, under GHMC'} Medchal - Malkajgiri^{District, was refusedfor registrationby} referring to File No'85 /473O /2013/ Quthubullapur/ Gajularamaram ,^{dated 25'092O13, File No'B/583/20i2dated} 77.O2.2O12 of^{the Tahslldar,Quthubultapur Mandal' Gazette} Notihcation^{No 134, dated 1O O3'2005, and G'O'MsNo 292'} dated 09.03.2O05.

¶154

l{vsK, J WP Nos.9645 of;lO2l and 26353 of 2423

¶155

¶156

According to learned counsel for the petitiorler, the Gazette Notilication was set aside by the Division Bench of this Court in judgmcnt, dated 07.12.2005, in W.P.No.l4O9t) o{ 2OO3 and batch Though after this judgment, Section 22-A of the Registra.tion Act, 1908 was amended, no further notification was issued as required by thc Registration l\ct. However, orr 2.5.O9.2O13, the District Collector issr-rcd preliminary notification calling for objections- This notification was found to be delective by this Court in W.P.No.19069 of 2014, dated 25.Oa.2O14. The letter date<l 17.O2.2O12 was issued by the Tahsildar notifying the particular property as the Government land rrnd requesting the Sub-Registrar not to registcr any deed of conveyance,

¶157

Having regard to declaration given by the Full Bencl.L of this court in Viniamuri Raiagopala Chary v, State of Andhra Pradesh [2Of 6 (U ALT 55O (FBf], the authority competenl to notify is the Dist:ict Collector.

¶158

This cJearly shows that there was no application of mind by the revr:nue authorities and by the Sub-Registrar in rejecting the rlocument for registration. On this issue, scvcral writ petitions are liled. Though, they are glaring, so far the Government has not applied its mind and measures are put in place to streamli;re registration process affecting citizens.

¶159

Subject to further consideration of the issue after the judgment of thr: Hon'ble Supreme Court in Civil Appeal No.4223 of 2018 and batch, the provisions of Section 22-A of the Reiistration Act and the orders issued by this Court in various wril petitions, by way of interim order, the respondent-registration authority is directed to receive and process the document, without reference to the letter dal.ed 17.O2.2O12, and the Gazette Notification, dated 25.09.2013, subjecl to comph.ance of provisions of I he tndian Regisr ral ion Act, 19O8 anrl Indian Stamp Act, 1899 and to ascertain the

¶160

NVS(' J n.P- Nos.964s of 2o21 .n.t^{26353o' 2023}

¶161

¶162

status of land,^{as reflectedin the revenuerecords lf the deed} of conveyance complies^{rvith all the requirementsand there is} no embargo in^{acceptingthedocumentforregistration'} the Registering^{Authorityshatl register and releasethe} document. l1owever,^{any such actionshall abide the result of} the writ petition.^{Further, petitioner is directed not to resort to} further conveyance^{of the subject propertywithout leave of} this Court."

¶163

17 . From a^{perusal of the proceedingsinW'P' No 263 53 of 2023 '} this Court on^{22.09.2023,passed the foilowinginterimorder:}

¶164

"Notice^{before admission}

¶165

Learned Assistant^{GovernmentPleaderfor Stamps and} Registration^{waives noticefor RespondentNos'1 to 5'}

¶166

Heard Sri^{T.V.Srikanth, learned counsel for fhe Writ} Petitioner as^{well as Sri B. Dileep Kumar, learned Assistant} Government^{Pleader for Stamps and Registration,who is} representing Respondent^{Nos.lto 5'}

¶167

This Writ Petition^{is hled seekingthe Courtto declare} the inaction of^{the 3"1 respondenti e ,Sub Registrar'} Quthbullapur^{Mandal, Medchal-MalkajgiriDistrict' in} receiving and registering^{the Sale Deed presentedby the} petitioner in respect^{of House No'28-169} l4l2/^{1, admeasuring} IOO.O Sq.yards,^{located in SyNo'151(CoveredunderBlock} NO.28) of Maruthi^Nagar, Quthbuttapur^{Village and Mandal'} under GHMC Quthbullapur^{Circle, Medchal-Malkajgiri} District, on the^{ground that the Survey number where the} House is located^{is notihedas prohibited propertyunder} Section 22A of^{|ne RegistrationAct vide GazetteNotification} No.E5l473O /2O)'3^dated 25'09 2013 and File No.B/583/2012,^{dated 17 O2'2O12'as illegal and arbitrary} and consequently^{to direct the said Public Authority to receive} and register^{the saiddocument'}

¶168

¶169

w.p. No,.e64s or2o2r a"o *."Jj ir.o""

¶170

L,earned counsel for the petitioner states that the Division ljench of tlr. 07. 12. 2oo.;, i., w. p.rvo.'i+"ir" i; ;['."-1,r"::::. "T:: set-aside t.lte Gazette notilication and no further notification was issr_red as per law. Learned counsel for the petitioner states that the Registering Authority has thus no power of rcfusal to receive the doc thc notice o r this court*#::: ; #":.::Hi ::i:T; of 2021, dated 25.02.2O21, wherein this Court observed as follows: -

¶171

,,The deed of conuegance presented_ bA the petition.er in respect of house bearing No.2g_ t 74 I 2 I g tuith a plintlt area of 21OO sq. ft., C+2, and pent Housc on plot bear tg Nt,.2I g, ad.mec vijasanasar.".,r,;::#;::,::;:;:,:,:::,ii,,,,"1r1": GHMC tlirt:Ie, Medchal_ rc s^{is tr atio} n r, r", -!i'ri:'";:' ;: :;'r; ; ;: {:; Quthbullapur/ Ni_zampet,dated 2S.og.20 t 3, Ftte No.8/583/:2Oj2 dated \Z.O2.2Ot2 of the Tahsitrlar, Quthubu llaltur Mandal, Gazette noti,fication No. 13 4, da Le tt 1 O. O 3. 2 (tO S and. G. O. Ms. No. 2 9 2 date d O g. O 3. 2 0 O S.

¶172

Accotding to learned .o,tncDt r^_ t,counsel for the petitiarrcr, the gazette notiftcationrned Bench oJ' this court r" ;;*::,"::;rt:rt:; ;:;:-; W.p.No.1.1O99 of 2OO3 judsmert,s<:ction22-Aiii.':;:,"::t^:,*i;;r';:;, shor1, 'th( Ad ) was amet issued as re quire d o o rny :r.":r:::: :::i' ::;: : r: :': the Distnct Collector issued preliminarg notification calling for^objections. This notification uas found. to be defectiLe bg this Court in W.p.No.19O69 of 201a, dated 25.O8.2O j4. The letter date d O8.OT.2O11 was issued bg the Tahstlclar nottfging tlrc particular propertg ds Gouernment lancl an.d requesting the' Sub Registrar not to register any deed of conueguncc.

¶173

vsk, J w.P r{os.964 5 o, 2O2 r .^d 26353 ot 2023

¶174

¶175

Hauing regard to declaration giuen bg the Full Bench of this Court in Vinjamui Rajagopola Charg u. State of Andhra Pradesh [2016A) ALT 5SO (FB)], the authoity competent to notifA is the District Collector.

¶176

This clearlg shou.ts there LUas no application of mind by the reuenue authoities and bg the Sub Registrar in rejecting the document for registration_ On this lssuc seueral u.tit petitions ore filed. Though, theA are gktring, so far Gouernment has not applied its mind and measures are put in place to streamline registration process affecting citiz-ens.

¶177

Subject to further consideration of tlrc issue ofter the judgment of the Hon'ble Supreme Court tn Ciuit Appeal No.4223 of 2O1B & Bath, the prouisions of Section 22 A of the Registration Act and the orders issued bg this Court in uaious utit petttions, bg uaA of interim order, the respondent-registration authoity is directed. to receiue and process the deed. of conuegance, utthout reference to the letter dated 17.O2.2O 12 and the Gozette Notiftcation dated 25.O9.2O13 subject to compliance of prouisions of the Indian Registration Act, 1908 and Inelian Stamp Act 1899 and to ascetTain the stotus of land, as reflected. in the reuenue records. If the deed of conueyance complies u-tith all the requirements and there is no embargo in accepting th.e document for registration, the Registeing AuthoitA shall register and release the d_ocument. Hotueuer, ony such action shall abide the result of the u.trit petition. Further petitioner is directetl not to resort to furtier^{conueganceof the subjectpropertg} uithout leaue of this Court."

¶178

I-earned Assistant Government Pleader did not bring to the notice of this Court anything to hold that the present Writ Petition stands on a different looting as that of the Writ Petition that is referred supra.

¶179

ivvsK- J W.P. Nos 9645 of ?o2I .nA26353 ol2o2tr

¶180

¶181

Theref,rre. pending consideration of the mattcr, wtrich rvould be taL:en after the judgment ol the Hon'ble Supreme Court in Civil Alrpeal No.4223 of 2Ol8 and Batch, this Cc,urt is of the view thzrt an interim order can be issued directing the Registering Authority to receive and proceed rvith thc registration ir-r c,:rse the deed presented is in accordance^\r''ith the provisions ol the Registration Act, 1908 and Indian Stamp Act, 1899.

¶182

Resultant$, the Sub-Registrar, Quthbullapur Mandal Medchal-Mall<ajgiri District, is directed to receive and register the Sale Dced that would be presented by the^petitioner in respect of tlie subject property i.e., in respect of House No.28 169/412/1, admeasuring IOO.O Sq.yards, Iocated in Sy.No. 151 (Coverred under Block No.28) of Maruthi Nagar, Quthbullapur^{Village and Mandal,under GHMC} Quthbullalrur Circle, Medchal-Malkajgiri District, without reference to thc letter dated I7.)2.2O12 and the Gazette Notification dated rt[ t rl 25.O9.2013, l-rov,ever on compliance of the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899. Thc Registratron be carried out after ascertaining the status of land as reflectcd in the revenue records. The parties are I I]I prohibited from proceeding with further conveyance of .the property except on obtaining required permission from'ttiisrT' Court. Further, the registration shalt be subject to th;.final resull of llre wril pelilion.

¶183

Registry t(r make an endorsement on the Writ petition to the effect that the same shali not be permittla to U. ''^F'F wlthdlawn.

¶184

List on 1 I.1O.2023."

¶185

ANALYSIS:

¶186

In thc cases on ha.nd, what was issued by the District C:oilector was only a Notification in R.R. No.83 dated 25.09.2O13 caliing for objections and

¶187

¶188

w.P. Nos,96{5 ot2o2t .n.r 253s3^oa2()23

¶189

suggestion on the proposal from all^{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 vestedunder Section 22-A of} the Act. The issue of inclusion of^{propertiesinthe prohibitedlist,} not accepting the documents for registration^{and the scope of Section 22-A} of ttid Act were elaborately considpred^{by the Full Bench of this court in} Vinjamuri Raiagopala Chary. It^{is significant to notehere that the decision of} t6e Fu[ Bench of this Court^{was carriedto the Hon'ble SupremeCourt in} Cii{l Appeal^{No.4223of 2018 and;batch. The Honble Supreme Court} gfdnted liberty to the petitioners therein and^{any other aggrievedpersonto} -ghatrCnge^{the validity of SectidnZZ-A of tn"Actand directed the High Court} :, ..) , to diCide-. the said validity.^{The Honble Supreme Court has alsogranted} d' interiri .l dfrection of registration^{ofdeeds ofconveyance,butsuch} )i registrQtiodr.u'as directed^{to be treated as provisional subject to the result of} \rl the writ{pettions now^{pendingbeforethe High Court and the parties should} not claim.. ari! additional^equity. Eventually, the^{Hon'bleSupremeCourt} '$ held as undei "

¶190

"?. We note that in all^{these appeals,registrationhas} been peS.rhtted mdking^{it subject to the result of the appeals} with a fu$fier' condition^{that no furtherregistrationshall take} place withqft Bermission^{from the Court. It is orderedthat} the registra[idn already^{permitted by this Court shallbe} treated as a^{pftfuisionalregistration subject to the result of the} writ petitions ntiw^{pending before the HighCourt'We make it} clear that mere\r\because^{registratlon has been permitted' the} parties shall not: claim^{any addiEonalequity' We further} make it clear that^{wit, cut express permissionfromthe High} Court, there shall^{be no further transfer'In order to avoid}

¶191

1,7

¶192

w.P. Nos.e64s or202r e.o IJIJ; i."",.

¶193

further dilficrrlty to the similarly situated people, ,e rrake it clear that it v,'ill be open to them to approach the High Court and seck aplrropriate and similar interim orders regirrding transfers during the pendency of the writ petitions.

¶194

The learned senior counsel has pointed out. that same mechanrsm for redressal under Section 22 A (t) (e) may be made :rpplicable as far as the grievance in respr:ct of Section 22A (..1 (a) to (d) is concerned. It is pointed oul. thar even in respeot of the orders which have otherwisc become final, thel' ',vould be relegated to the same authority anrl will be subject to f.rther revision/appeal etc. This is also a matter to be considered by the High Court when the writ petitions are finally heard. Therefore, we permit the parties to raise this contention alsc before the Bench concerned while considr:rine the vires of the Section, in order to reach a workable solution. The Court may consider the issue on its own merit and the impugned order shall not stand in that way.

¶195

Wc further make it clear that we have not other-YSe considercd thc tnatte r on merits.

¶196

10 ln view of the above, the appeals are disposed of.,,

¶197

i9. Thereafter, the Di'ision Bench of this court in w.p. No.2g3o o of 2oo1 and batch had dealt rvith the validity of Section 22_A tof the Act as incorporated in the Registration Act, 19og and the AmendeJ Acr, 19 of 2oo7 with effect frorn 20.Ct6 -rZ0o7, which was under chalrenge. The Division Bench of this Court virle its common judgment dated 1 9. 10.2023 had, upheld the validity ol'the Section 22_A of the Act.

¶198

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

¶199

w-P- No'-964s or2O2r^{and 25353o'2o2f,}

¶200

¶201

"22-A. Prohibition^{of Registrationof certain documents:-}

¶202

(1) The^{following classes ofdocuments shall be} prohibited from^{registration, namely:--}

¶203

(a) documents^{relating totransfer ofimmovable} the alienation^{or transfer of whichis prohibited} property, under any^{statute of the Stateor CentralGovernment;}

¶204

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

¶205

(c) documents^{relatingto transferof property by way of} sale, agreement^{of sale,gift, exchange or leaseexceeding(ten)} 1O years in^{respect of immovable property'owned by Religious} andCharitableEndowmentsfallingunderthepurviewofthe AndhraPradeshCharitableandHinduReligiouslnstitutions and Endowments^{Act, lgST ot by Wakfsfalling ur-rder the} Wakfs Act,^{1995 executed by personsother than those} statutorily^{emPoweredto do so;}

¶206

(d) Agricultural^{or urban landsdeclared as surplus} under' the^{AndhraPradesh Land -Reforms (Ceilingon} Agricultural^{Holdings) Act, lg73 or the Urban Land (Ceiling} and Regulationl^{Act, 197 6;}

¶207

(e) Any documents^{or class of documentspertaining to} the properties^{the State Governmentmay' by notification} prohibit the registration^{in wlich avowed or accrued interests} of Central^{and State Governments' Local Bodies' Educational'} Cultura-l,^{Religiousand CharitableInstitutions''thoseattached} by Civil, Criminal,^{Revenue Courts and Direct and Indirect} TaxLawsandotherswhicharelikelytoadverselyaffectthese interest

¶208

NVSI(, J w.P. Nos 9645 0f2021and 2635J of2023

¶209

¶210

(2) For the purpose of Clause (e) of sub_section (l), the State Governrrent shall publish a notification alter obta_ining reasons for an,l full description of properties furnished by the District C)ollcctors concerned in the manner as may be prescnbed.

¶211

(3) Notu,ithstanding anything contained in this Act, the regrstering ,tffir:er shall refuse to register any document to rvhich a notific:Ltion issued under Clause (e) of sub_sectlon (1)

¶212

(4)^'lhe State Government either suo motu or orr an application lry a.ny person or for giving effect to the final orders of the High Court of Andhra pradesh or Supreme Court of India may proceed to denotify, either in full or in part, the notification^jssued under sub- section (2).,,

¶213

21' The Division Bench of this court in the above batch of w.p. No.2g300 of 2OO7 vide its common judgment dated 19.10.2 O23 at para No.25 held as under:

¶214

'25. Thus, iiom a perusal of the statement of Objects ancl Reasons, it is evident that Section 22A of tne Act has been incorporatcd to empower the Government to notify the registration of :;uch documents or class of documents as opposed to publ c policy and to reject their registration. The Act has been amended to overcome the deficiency pointed ,lut by a Division Bench of this Court and the Supreme Court in Basant Nahata (supra) and to avoid iilegal transactions of transfer of property relating to Government, religious and charitable institutions The object of the provision is to protect the v:rcant lands as well as the properties in which State Governmetlt has either ,avowed or accrued interest, properties belonging to local botlies as well as religious and charitable instittrtions and wakfs.. With rapid increase ol population and i,dustrialization, the prices of land avarlairle for agriculturt: and human. inhabitation have skyrocketed.

¶215

NVSK, J w-P. Nos.9545 0t 2021 anlt 26353^0f2023

¶216

¶217

The land mafia and unscrupulous elements^{are grabbing the} land and encroaching the^public and^{private properties and} are also executing the registered^{documentsaffecting} immovable properties of third parties.^{The aforesaidactivity of} grabbing vacant lands is a social evil which is sought to^be remedied by enacting Section 22A of f}le Act."

¶218

The Division Bench of this^{Court in its judgment dated19.10.2023} also referred the Full Bench^{paragraphs 155 and 156 at para 3O, which} reads as under

¶219

'30. Thereafter, the Full Bench of this Courtⁱⁿ Vinjamuri Rajagopala Chary in^{paragraphs155 anrl 156 of} its decision held as follows:

¶220

"155. Further, as noticed earlier the^{State Governmentis} empowered either suo motu or^{on application to considerthe} grievances against inclusion of any^{propertyin the prohibitory} list under Section 22-A of Registration^{Act and isalso} empowered to de-notify either in^{full or in part the notification} issued under sub-section^(2). In^{our opinion,the redressal} mechanism is avaiiable only^{with respectto notifications} published relating to the^{propertiesfalling under clause (e) of} Section 22-A- Hence, any^{grievalce of the parties with} reference to the^{propertiescovered by clauses (a) to (d) will} have to be questioned by the^{aggrievedpartiesonly by} appropriate proceedings before a^{competent Court and the} adjudication by such Court^{wouldbe final. Further, so far as} notified- properties falling under^{clause(e) are concerned,the} redressal mechanism under^{subsection (4) of Section22-A} would be able to effectively^{addressthe grievanceprovided the} mechanism thereunder is^{effective,expeditious, fair, and} judicious. Thus, in order to make an eflective^redressal mechanism, we deem it^{appropriateto directthe respective} Governments of both^{the States to constitutea Committeeor}

¶221

NVSK, J w P. N.5 9645 Df 2o2r a^ii26353 of 2023

¶222

¶223

establish a Fo:um within time frame, may be comprising of Principal Secr€tary of Revenue, Director of Survey and Land Records ar-rcl a retired Judicial Ofiicer of the rank of a District Judge which shall meet periodically to consider the grievances of the persons affected by the notifications. The Comlrittee shall be empor,,,ered to examine relevant records and then pass a reasoned order either accepting or rejecting the grievance b-v eithcr confirming/deleting/modifying any such property from the notihed list of properties. In our view, such orders passerd try the Committee shall be binding on the State as well as on thc aggrieved person and in the event of any of them being aggrieved thereby, they shall have to approach a competent Court of Law for redressal of their grievance.

¶224

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

¶225

(i) The authoril ies mentioned in the guidelines, which are obliged to preparc lists of properties covered by clauses (a) to (d), to be :ient to the registering authorities under the provisions of [legistration Act, shall clearly indicate the relevant clause rtnder which each property is classified.

¶226

(ii) Insofar as clause (a) is concerned, the concerned District Collectors shall also indicate the statute under which a transaction anc its registration is prohibited. Further in respect of the p:operties covereC under clause (b), they shall clearly indicate which of the Governments own the property.

¶227

(iii) Insofar as paragraphs (3) and (4) in the Guidelines, covering propertjes under clause (c) and (d) are concerned, the authorities cont,:mplated therein shall also forward to the registering authorities, along with lists, thc extracts of registers/ gaz€rtte if the property is covered by either endowment or wakf, and declarations/orders made under the provisions o[ Ceiiing Acts if the property is covered unrler clause (d).

¶228

)) w.P. l{os.9645 6f 2o21 and^{26353ot 2023}

¶229

¶230

(iv) The authorities forwarding^{the lists of properties} /^landsto 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.inof} the State o[ Telangana. If there^{is any change in the website,} the State Governments shall^{indicatethe same toall} concerned, may be. by issuing^{apress note oran} aclvertisement in prominent daily^{news papers.}

¶231

(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 Section 22-A.}

¶232

(vi) The properties covered under clause^{(e) of Section 22-A} shall be notified in the official^{gazette of theState} Governments and shall be^{forwarded, along with the list of} properties, and a copy of the relevant notilrcatioo fgazette,^to the concerned registering authorities^{under the provisions of} Registratron Act and shall also^{place thesaid} notification/^gaz ette on the aforementioned^{wetrsitesof both} the State Governments. The^{Registeringauthoritiesshall} make available a copy of the^{Notification/Gazetteon an} application made by an aggrieved^party.

¶233

(vii) The registering authorities^{would be justihed in refusing} registration of documents^{in respect of the propertiescovered} 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.

¶234

(viii) The concerned authorities,^{whichare obligedto furnish} the lists of properties covered^{by clauses (a) to (d) of sub-} section (1) of Section 22-A,^{and the concerned Registering} Officers shall follow the^{guidelines scrupulously.}

¶235

tfvsK, J w.P. Nos.9645 11202L ann 26X5]3 0a 2023

¶236

¶237

(ix) lt is open to the parties to a clocument, if the relevant property/land ftnds place in the Iist of properties covered by clauses (a) to (d) of sub-section (l) of Section 22_A, to appty for its deletion frorn the list or modification thereof, to tlte concerned zruthorities as provided for in thc guidelines. The concerned :Luthorities are obliged to consider the request in proper perspe<:tive and pass appropriate order withir slx weeks from the date o[ receipt of the application and make its copy avail.rble to the concerned party.

¶238

(x) The re<lressal mechanism under Section 22_.4(4) shall be before the Oorrrmittees to be constituted by respective State Governments as dirccted in paragraph 35.1 above. The State Governments shall constitute such committees within e.ight weeks from the date of pronouncement of this judgment.

¶239

(xi) Apart from t_he redressal mechanism, it is also open to an aggrieved Jlcrson to approach appropriate forum incluriing Civil Court for either seeking appropriate declaration or deletion of l.ris property/land from thc list of prohibited properties or for any other appropriate relief.

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(xii) The directions issued by learned single Judges in six judgments (W.P.No.2775 of 2OOg, dated 15.03.2011; W.P.Nos.2005O of 20l t and batch, datecl 08.09.2011; W.P.No.2656tl of 2Ot l, dated t8.Ot.2Ol3; W.p.No.3 0526 of 2072 and, batch., dated 31.12_2012; W.p.No.314O9 of 2014, dated 29.01.20 15 and W.p.No.24587 of 2Ot4 and batch 01.06.2015) or any other judgmehts deaiing with the provisions o1' Section 22-A, if are inconsistent with the observations ma,Ce or directions issued in this judgment, r: is made clear that the observaticns made and directions isstred in this judgmenl shall prevail and would be binding on rhe parties includin g the registering authorities undcr the Registration Act or Government ofhcials or the officials unrler the Endo$,men1s Acl , Wakt Acl and Ceiiing Acts.

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rvsr, J w.P- Nos-9645 of 2o2l anlL 263s3^oI2023

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(xiii) If the party concerned^{seeks extractsofthe} list/ register/ Ba zette ol properties^{coveredby clauses(a) to (e)} of Section 22-A (l), received^{by the registering officer on the} basis of which he refused^{registration,it shallbe furnished} within 10 days from the date^{of an applicationmade by the} aggrieved party.

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(xiv) Registering ofltcer shall not^{act and refuse registration of} a document in respect of^{any propertyfurnished to him} directly by any^{authority/ officer other thanthe} officers/ authorities mentioned^{in the Guidelines.}

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(xv) Mere registration of a document^{shall not confertitleon} the vendee/alienee, if^{the property is otherwisecovered by} clauses (a) to^(e), but did^{not find place in the lists furnished} by the concerned authorities^{to the registeringofficersln} such cases, the only remedy^{available to the authorities under} clauses (al to^(e) of^{sub-section(1) of Section22-A is to} approach appropriate^{fomms for appropriate relief "}

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23.FromaperusaloftheNotificationinR.R.No'83,dated25'O92013, the subject lands^{were notified underSection22-A (tl(al for the purpose of} Section 22-A(l). It^{is only a notice giveninviting objectionsand suggestions} on the above^{proposal from all personswho are likely to be affectedthereby} for being taken into^{considerationby the Government. The detailsof the} properties mentioned in the^{annexure states that the subjectlandsare} Government lands.

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24 Section 22-A (ll^{(e) of the Act manifests that any documents or class} of documents^{pertaining to the properties, the StateGovernmentmay'} by notihcation^{prohibit the registration in whichavowed or accrued interests}

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NVSK. J w.P. Nos.9645 o: ZO2l an.l26353 oa 2023

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of Central and State^{(]overnments,} 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.

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Section 22-A (2) rr:ads as under

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" (2) For the purpose of Clause (e) of sub-secticn (I), the Statc^(;overnment shall publish a notiflcation after obtaining reasons for and full description of proper-ties furnished by the District Collectors concerned in thc manner as may be prescribed."

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It is pertinent to note that in the case of Vinjamuri Rajagopala Chary

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(Supra) paras 1 56 had summarized and issued directions. As per the Clause (v) no notifica,tion is contemplateci under sub-section (2) of Section 22-A with respect to t he properties falling under clauses (a) to (d) of sub-section (1) of Section 22-A. As per Ciause (vi), the properties covered under clause (e) of Section 22-A shall be notified in the official Ciazette of the State Governments and shali be forwarded, along with the list of properties, and a copy of the relevant notification / Cazette, to lhe concerned registering authorities under the provisions of Registration Act ancl shali also place the said notilrcationf Gazette on the websites of both the Srate Governments.

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The subject lands in these writ petitions as per the Notihcation in R.R.No.83 in File No.E:,5 I 4730 12013/Quthbullapur/Quthbullapur, dated 25.09.2013, which acccrding to the District Collector were ,:lassified as Government lands and a Notilication was issued calling for objections/ suggestions L,efore placing for prohibitions. Section 22 A (ll (el

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Ifl/SK, J W.P- Nos 9645 of2O21 and 26353 or2{)23

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and (2) stipulates that if any land is classified and determined as Government iand, the Government shall publish an official Gazette notification after 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 followed the provisions of Sectibn 22-A(11(e)(21 and the guidelines issued by the Full Bench in the case of Vinjamuri Rajagopala Chary (Supra) wherein at para 156 held that the authorities are obliged to follow Clause (vi) for those properties covered under Clause (e) of Section 22-A of the Act, whereby such lands have to be notified in the official Gazette of the State. The Notification in R.R. No.83 dated 25.09.2O13 communicated by the Joint Collector, Ranga Reddy vide File No.ES / 4730 /2O I 3 / Quthbullapur/ Quthbullapur, dated 25.O9 .2O13; Deputy Collector and Tahasildhar, Quthbullapur Mandal, File No.B/583/2O12, dated 17.O2.2O12 and the Gazette Notification No.134, dated 10.O3.2O05 and G.O.Ms.No.292, Revenue (Registration-l),^gth March 2O05 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide FiIe No.Gl/4661 /2005, dated O2.O7.2OO5 are not in accordance with the provisions of the Section 22-A (l) (e) and 22 (l)(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 denying for registration of the subject properties.

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Further, the Tahsildar vide File No.B/583/2O12, dated 17.O2.2O12 had notified the particular property as the Government land and requested the Sub-Registrar not to register any deed of conveyance. The District

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NVSK. J w P. Nos.9645 or lo2l :nd^263536f2023

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Collector on 25.O9.2OI3 had issued preliminary notil-lcatlolr calling^for objections and the said notifircation was found to be defective^try this^Court in W.P. No.19069 of 2Ol1 dated 25.O8.2O14-

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It is also pertinenl. 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.O9.2013 the answering respondents have not taken any steps in notifying in the official Gazette of State Government in terms of the guideline No.(vi) issued by the Full Bench in the case of Vinjamuri Rajagopala Chary (Supra).

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As such, the Notification in R.R.No.S3 in File No.E5la73Ol2OI3/ Quthbullapur/Quthbullapur,^{dated 25.O9.2013,is only a notice given for} inviting objections and suggestions and this cannot be the basrs fof refusal for registration of the s;ubject properties. In view of the sa me, Gaz,ette. Notilrcation in R.R. No.U3, dated 25.O9.2013, communicated cy the Joint Collector, Ranga Reddy vide File No.ESla73O/20 l3/Qirthbullapur/ Gajularamaram, dated 25.09.2013, 2l Deputy Colleitor & Tahsildar Quthbullapur^{Mandal, File No.B/583/2O12,} dated . 17.02.2012 ) .1..and the Gazette Notification No. 134, dated 10.03.2005 and G.O.Ms.No.292, dated O9.O3.2O05 are not irr consonance to the provisions of Section 22-A of the Registration Act, 1908 and 22-A(1)(e) and Clause (vi) of the guidelines and the same cannot be^{referred for the purpose of den5rlngregistrationof the} subject properties.^{Consequently,, reference made vide inFile} File No.E5/a730/2013/Quthbullapur/Gajularamaram,^and

w.p. os e64s or2o2r.". #;Ij i..","

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No'E5/ 4730 / 2o 13/Quthbullapur/Quthbullapur, dated 2s.og.2ol3 and File No.B/583/2012 dated 17.O2.2oL2 of the Tahsildar, Quthbullapur Mandal, are declared as illegal, arbitrary and bad in law and are hereby set aside.

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30' Accordingly, w p' Nos.964 5 0f 2021and 26353 0f 2023are alrowed.

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31' This court on 22 '09.2023, wh,e directing the Registering authority to receive and process the document without rererence to the letter dated 17.O2.2O12, and the Notification in R.R. No.83 dated 25.09.2013, 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.964 5 0f 2021 and 26353 0f 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. thb^Registering Authorities are directed to make necessary changes in the records.

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32' It ls made clear that mere registration of the document does not confer title on'rthe 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 bbfore the authorities either in revision/appears for adjudication and in any qfher case this order also does not preclude the parties in .,] assertrng their ri6hts before a competent court of law. There sha, be no tird.. ." to costs.

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vsl{_ J w.P. Nos.964s of202L^{and 26353of2a23}

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:1:l

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As a sequel, mt.sct:llaneous^{applications,if any pending,shall stand}

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closed.

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JUSTICE N.V.^SHRAVANKUMAR

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