Allowed

Dandu Shirisha v. The State of Telangana and 4 others

Telangana HC12 Aug 2024WP/8004/2020

Case brief

AI extract

What is this about?

The High Court allowed the writ petition held that earlier notifications refusing registration under Section 22-A of the Registration Act were illegal and arbitrary due to procedural non-compliance. The Court directed the registering authorities to register the pending document and recalled the interim stay on further conveyance.

What did the court decide?

Gazette Notifications R.R. No.83 dated 25.09.2013 and related files are declared illegal, arbitrary and bad in law and set aside. The Sub Registrar is directed to register the pending document P.130/2

Dandu Shirisha Vs The State of Telangana and 4 others — Property and Title | Telangana HC (2024)

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

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I\4ONDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAV,AN KUMAR

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WRIT PETITION NO: 8004 OF 2020

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Between:

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Dandu Shirisha, Wlo. Dandu Ramesh, Aged about 34 years, Occ. House Wife, Fl/o.H. No. 1 -2-20, Rakasipet, Bodhan, Nizamabad.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary (Revenue), Secretariat, Hyderabad.

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The District Registrar, I,4edchal- I\4alkajgiri District

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The Sub Registrar, Qutbullapur. IVledchal Malkajgiri District.

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The Collector, I\ledchal - lr,laikajgiri District.

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The Tahasildar, Quthbullapur lvlandal, X,4edcha i- 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 Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent i.e., The Sub Registrar, Qutbullapur, Medchal - Ir/alkajgiri District, in refusing to register and release the Pending Document No. P.130i2020, dated 03-06-2020^vide lntimation of Refusal No. 61/2020, dated 04-06-2020 on the^ground that the petitioners property i.e., Plot bearing No. 138/Part, (West Side Portion), admeasuring 60 Sq.Yards in Sy.No.151, situated at Vijayanagar Colony,Maruthi Nagar, Quthbullapur Village, Quthbullapur Mandal, Medchal- Malkajgiri District,is ln^prohibitory list under section 22-A of Registration Act as^per the l.^Ranga Reddy District Gazette Notification R.R.No.83, communicated by Joint Collector, Ranga Reddy vide File No.ES/4730/2013/Qrthbullapur/ Nizampet, dated^25-09- 2013, 2. Deputy Collector and Tahasildar Quthbullapur IVIandal, File No. 13158312012, daled 17-02-2O12 and 3. Gazette Notification No.134, dated 10-03-

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2005 and G.O.A/s.No.292, Revenue (Registration.l), 9th March²⁰⁰⁵ communicated by Commissroner and lnspector General^(R and 5),^Hyderabad vide File No.G1/4661/2005, Dt.02-07-2005, is illegal, arbitrary, in^Violationof Articles 14,21 and 300-A of Constitution of lndia and also in Violation of Registration Act,^'1908, besides in Violation of Principles of Natural Justice^and consequently direct the respondents herein to register and release the^Pending Document No. P.'1 30/2020, dated 03-06-2020 , by setting aside the lntimation^of Refusal No. 61/2020, dated 04-06-2020

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lA NO: 1 OF 2020

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Petit;on under Section 151 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 Pending Document No. P.130/2020, dated 03-06-2020, by suspending the refusal order^passed by respondent no.3 vide lntimation of Refusal Nc 61/2020 dated 04-06-2020. pending disposal of the above writ petition

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Counsel for the Petitioner: SRl. KATIKA RAVINDER REDDY

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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--v

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THE IIONOURABLE SRI JUSTICI N.V. SHRAVAN KUMAR

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W.P. No.8OO4 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 refusing to register the subject^{documents based} on the Gazette Notification R.R. No.83, dated 25.O9.2013.

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The leamed counsel for the^{petitionerwould submit} that^{the subject} matter of this writ^petition is squarely^{coveredby the commonorder dated} 22.03.2024 passed in W.P. Nos.9645 of^{2021and W.P. No.26353 of 2023} by this Court. The learned counsel^would further^{submitthat this Court,} while granting interim order dated^{2a.O4.2O21 in W.P. No.9645 of 2O2l }:.ad} stipulated a condition not to resort to further^{conveyance of the subject} property without leave of this Court and similarly in^{W.P. No.26353of 2023} this Court, while^granting interim order^{dated 22.09.2023,had prohibited} the parties from^proceeding with further^{conveyanceof the property except} on obtaining required^{permissionfrom this Court.}

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It is further submitted that in the^present writ^{petitionthis Court,} while granting interim order dated ll.06.2020,^{had directed the Registering} authorities to register the subject documents.^{Subsequently,in pursuance} of said interim order, the Registering authorities^{haveregistered the subject} documents and as on today, on behalf^{of the respondents/Registering} authority no counter has been^filed.

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On the other^{hand, the} learned Assistant^{GovernmentPleader} appearing^{for the Stamps and Registrationdid not dispute the submissions} made by^{the learned counsel for the petitioner.}

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S. Heard the^learned counsel on either side and^perused the material made available^{on record.}

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At this^juncture, it^is significant to note that the^pivision Bench of this Court^{vide its common order dated19.1Q.2O23passedin W.P.No.28300 of} 2OO7^{ar.d batch had dealt with the validityof Section 22-A of the Act as} incorporated^{in the Registration Act, 1908and the AmendedAct, 19 of 2OO7} with effect^{from 2O.06.2007and had upheld the validity} of the Section 22-A of the^Act.

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T . 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 necessaryto excerpt the} relevant^para Nos.23 to 32 of the common order^{dated 22.03.2024 passed} in W.P. Nos.9645 of 2O2l and 26353 of 2023 by^this Court,^which reads as under:

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"23. From a^perusal of the Notification in R.R. Irlo.83, dated 25.09-2013, the subject lands were notified 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 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.

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Secticn 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 i., #fri.f, avowed or accrued interests '.clf Central and State Governments, Local Bodies, Educational, Cultyral,

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Religious and Charitable Institutions, those attached by^{Civil, Criminal,} Revenue Courts and Direct and^{Indirect Tax Lar.r's} and^{otherswhichare} likely to adversely affect these interest.

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Section 22-A (2) reads as^under:

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"(21 For the purpose of^{Clause(e) ot subsection (1), the State} Government shall publish a notifrcation^{after obtainingreasons for and} full description of properties furnished by the^{DistrictCollectors} concemed in the manner as^{maybe prescribed-"}

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It is pertinent to note that in the^{case of VinJamurlRaJagopala} Chary (Supra) paras¹⁵⁶ had summarized^{and issued directions.As per} the Clause (v) no notification^{is contemplatedundersub-section (2) of} Section 22-A with respect to^{the propertiesfalling under clauses(a) to (d)} of sub-section (1) of Section 22-A.^{As per Clause (vi), theproperties} covered under clause^(e) of Section^{22-A shall be notifiedin the official} Gazette of the State Governments^{and shallbe forwarded, along withthe} list of properties, and a copy of^{the relevant notilication/ Gazette,to the} concerned registering authorities^{under the provisionsof RegistrationAct} and shall also^place the said^{notification/Gazette on thelvebsitesof both} the State Governments.

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26- The subject lands in^{thesewritpetitionsas per the Notification in} R.R.No.83 in File No.E5/4730 l^2Ol3 l Quthbullapur/Quthbullapur,^dated 25.09.2013, which according to^{the DistrictCollector were classifiedas} Government lands and a Notihcation^{wasissuedcallingfor} objections/ suggestions before^{placing for p.ohibitions.Section 22-A(1) (e)} and (2) stipulates thatr if-any^land is^{classifiedand determinedas} Government land, the Govemment^{shall publishan officialGazette} notification after obtainipg reasons for and^{full description of} Properties fumished by the District Cotlector concerned^{in the manner as prescribed.} In the case on hand, the respondents^{have not followed the provisions of} Section 22-A(1)(e)(2) and the^{guidelines issuedby the Full Benchin the} case of VinJamuri RaJagopala Chary^{(Supra)wherein at para156 held} that the authorities are obliged^{to follow Clause} {vi)^{for thoseproperties} covered under Clause^(e) of Section^{22-A of the Act, whereby such lands} have to be notilied in the official^{Gazette..ofthe State.The Notificationin} R.R. No.83 dated 25.09.2013^{communicated by the Joint Collector, Ranga} Reddy vide File^No.E5 /^{473Ol20 l3/Quthbultapur/} Quthbu^{apur, dated} 25.O9.2013; Deputy^{Collectorand Tahasildhar,} Quthbullapur^Mandal,Fite

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No.B/583/2012, dated 17.O2.2012 and the Gazette Notit'ication No- 134, dated 10.03.2005 and G.O.Ms.No.292, Revenue (Registration-l), 9d March 2005 communicated by the Commissioner and [nspector General (Revenue & Stamps), Hyderabad vide File No.Gl/4661/2005, dated 02.07.2OO5 are not in accordance with the provisions of the Section 22-A (1) (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.Bl5a3/2012, dared t7.02.2012 had notified the particular property as the Government land and requested the Sub-Registrar not to register any deed of conveyance. The District Collector on 25.09.2O13 had issued preliminary notification calling for objections and the said notification was found to be defective by this Court in W,P. No.19069 of 2014 dated 25.08.2014.

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It is also pertinent to note that in the counter filed in W.P. No.26353 of 2023 prohibiting transfer/registration that subsequent to the Notification in R.R. No.83 dated 25.09.2013 the answering respondents have not taken any steps in notifuing in the official Gazette of State Government in terms of the guideline No.(vi) issued by the Full Bench in the case of Vinjamurl Rajagopala Chary (Supra).

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As such, the Notification in R.R.No.83 in File No.E5/473O12Ot3/ 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 vier.r' of the same, Gazette Notifrcation in R.R. No.83, dated 25.09.20113, communicated by the Joint Collector, Ranga Reddy vide Filg' No.E5/4730/2Ot3l Quthbullapur/Gajularamaram, Oatea 25.09.iQ.tr3rl 2; o.puty Collector & Tahsildar Quthbullapur Mandat, File No.B/s8;f 2012, datcd 12.O2.2O12 and the Gazette Notification No.134, dated 10.O3.200S and G.O.Ms.No.292, dated 09.03.2005 are not in consonance to the provisions of Section 22-A of the Registration Act, 1908 and 22-A(ll(el 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. E5/473O /2013 /Qtttltbullapur/ Gajularamaram, and File No. E5l 4730/ 2O 13 /Quthbullapur/ Quthbullapur, dated 25.O9.2013 and File No.B/583/2012 dated 17.O2.2Ot2 ofthe Tahsildar, Quthbullapur

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Mandal, are declared as illegal, arbitrary and bad in law and are hereby set aside.

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Accordingly, w.P. Nos.9645 of2021 and 26353 of 2023 are allowed

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This Court on 22.O9.2O23, while directing the Registering authority to receive and process the document without reference to the letter dated 17.O2.2O12, and the Notification in R.R. No.83 dated 25.09.2013, had directed the p€titioner 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 of 2O2l ar.d 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 hereby^recalled. The Registering Authorities are directed to make^{necessary changesin the} records.

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32- [t 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^{doesnot 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 dated22.O3.2024} passed in W.P. Nos.9645 of 2O2l 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 and²⁶³⁵³ 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,shallstand} closed.

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SD/. MOHD. ISMAIL 4.. ASSISTANSGISTRAR

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//TRUE COPY' SECTION OFFICER

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To, 1. The Principal Secretary^{(Revenue), Secretariat. T.S.,Hyderabad}

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The District Registrar, Medchal-^{Malkajgiri District}

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The Sub Regisfrar, Qutbullapur,^tt/edchal Malkajgiri District.

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The Collector, Medchal^{- il/alkajgiri} District.

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S tbsQ thaveslc.f o-ulv\Labu0qPud- N1.,wg.r!. , Ntpdcv.e$ , r".""0Uof\git. Ditnruict 6. One CC to SRl. KATIKA RAVINDER REDDY, Advocate IOPUCI 7. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT]

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