Allowed

Vinnakota Ajoy Kumar v. The State of Telangana

Telangana HC4 Apr 2024WP/8833/2024

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the refusal to register a Sale Deed. Relying on a common order in related writ petitions, the Court set aside incorrect notifications and directed the Sub-Registrar to process and register the documents within three weeks while recalling the prior condition restraining conveyance.

What did the court decide?

Directing the Sub-Registrar to receive, process, register, and release the Sale Deed within three weeks.

Vinnakota Ajoy Kumar Vs The State of Telangana — 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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THURSDAY,THE FOURTH 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:8833 OF 2024

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Between:

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Vinnakota Ajoy Kumar, S/o Vinnakota Addankaiah Naidu, Aged 61 years, Occ Business, Fl/o H. No. 8-3-1671a123, Vikaspuri, Ameerpet, Sanjeev Reddy Nagar, Hyderabad.

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...PETITIONER

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AND

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'1 . The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2. The District Registrar, Medchal - Malkajgiri District. 3. The Sub- Registrar, Medchal, Medchal - Malkajgiri District.

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The District Collector, Medchal - Malkajgiri District. 5. The Tahsildar, Qutubullapur Mandal, Qutubullapur, Medchal - Malkajgiri District'

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...RESPoNDENT'

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated iin the affidavit filed therewith, the High Court may be pleased to issue any Writ, order or direction more particularly one in the of Writ of Mandamus declaring the action of the respondent No. Sub- Registrar, Medchal, Medchal - Malkajgiri District in refusing to receive and register the Sale Deed in respect of all that Plot No. 66, land admeasuring 300. 0 Sq.^yards in Sy. No. 22711 and 228, situated at Bahadurpally Village, Dundigal - Gandimaisamma Mandal, Dundigal Municipality Medchal - Malkajgiri District basing on the prohibitory list under Sec. 22- A of the Registration as per the (i) Ranga Reddy District Gazette Notification communicated by the Joint Collector, Ranga^Reddy District Gazette Notification R. R. No. 83, communicated by Joint^Collector, Ranga Reddy vide File No. E51473012013 dt. 25- 09-^{2013, (ii) Deputy Collector} and Tahsildar, Qutubullapur Mandal^{in File} M.^{8158312012dt. 17- 02- 2O12 and} (iii) Gazette Notification No. 134, dt. 10- 03- 2005 and G. O. Ms. No.863, Revenue (Registration- l) dt. 09- 03- 2005 violative of Principles of natural iustice

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and consequenfly direct the rebase the Sale Deed in res resPondent No. 3 to receive Process, register and pect of all that plot No. 66 sq. yards in Sy. No. 22711 a land admeasuring 300. 0 nd 228, Gandimaisamma Mandal, situated at Bahadu rpally Village, Dundigal _ without reference ( i). Ran Dundigal Municipality Medc hal Malkajgiri District ga Reddy District Gazette Notifi by the Joint Coflector, Ra cation communicated nga Reddy District Gazette N communicated by Joint Collector otification R. R. No. 83, Ranga Reddy vide Fil 25- 09_ 2013, (il Deputy Coilecto e No. E5/4230/2013 dt No r and Tahsildar Qutubullapur Mandal in File 2005Bl5B3l2O12 and G. O. dt. Ms. No, 17_ 02_ 2012 863 and (iii) Gazette No tification No. .134, dt. 10_ 03communicated by the Com Revenue (Registration- l) dt. 09- 03_ 2005 mrssioner and lnspector of General (R anO S Hyderabad vide File No. G1l4661/2005 dt. 02_ 07 by the Commissioner and In - 2005 and pass communica ted No. G1/ 4661/2005 dt. 02_ 07spector of General (R and S), Hyderabad vide File of the Registration Act 2005 is iltegal, arbit rary and violative of provisions IA NO :l oF 2024

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in the affidavit Petition under filed in support Section 1S1 of theCpC praying that in the circumstances stated direct the respondent No. 3 to recei petition, the High Court may be pleased to ve, process, regis ter and release the Sale Deed in respect of all that plot No. 6 No.22 7/1 and 228, situated at Baha 6, land admeasurin g 300. 0 Sq. yards in Sy Manda durpally Viltage, Dundigal - Gandirnaisamma Dundigal Municipality Medc hal Ranga Reddy District Gazette Notificatio Malkajgi ri. Dishict without reference ( Collector, Ranga Ranga Reddy DistrR ict Gazette Notification R. n communrcated R. No. 83 by the Joint Collector communicated by Joint eddy vide File No. ESi4Z3O/20 Collector and Tahsi 13 dt. 25-09-2013, (ii) Depuf ldar, eutubullapur Mandal in File No 2012 and (iii) caze tte Notification No. Bt583/2012 dt. 17-02_ 863, Revenue (Registration- t) Ot 134, dt. 10_ 93-,26 05 and G. O. Ms. No Commissioner and lnspector of General 09-03-2005 communicated by the G1/4661/2005 dt. 02 - 07- 2005 (R and S), Hyderabad vide File No Counsel for the petitioneT: SRI B. SAMPATH KUMAR Counset for the ResPondents: AGP FOR STAMPS AND REGISTRATrcN The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

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W.P. No.8833 of 2o24

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ORDER:

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Heard the learned counsel on either side and perused the material made available on record. With the consent of both the parties, ttris writ petition is disposed ofat the threshold.

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This writ petiLion 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 25.09.2O13.

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The learned counsel 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 2O2l and W.P. No.26353 of 2023 by this Court. The learned counsel would further submit that this Court, while granting interim order dated 28.O4.2021 in W.P. No.9645 of 2O2l had stipulated a condition not to resort to further conveyance of tlre subject property 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 conveyance of the propert5r 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 signifrcant to note^{that the} Division^{Benchof this} Court vide its common order dated I9.1O.2O23^{passedin W.P.No.283OO of} 2OO7 and batch had dealt with the validity of^{Section22-A of the Act as} incorporated in the Registration Act, l9O8^{and the AmendedAct, 19 of 2OO7} with effect from 20.06.2OO7 and had upheld^{the validityof 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 paraNos.23to 32 of the} common order dated 22.03.2024^passed in W.P.^Nos.9645 of^2O2Land 26353 of 2023 by this Court, which reads as under:

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"23. From a perusal of the Notifrcation in^{R.R. No.83,} dated^25.09.2073, the subject lands were notified under Section 22-A^(1)(a) for the^purpose of Section 22-4(1). lt is only a notice given inviting objections ald suggestions on the above proposal from all^persons who are likely to be allected thereby for being taken into consideration by ttre Government. The details of the prop€rties mentioned in the annexure states that the subject lands are Government lands.

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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 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 aJlect these interest.

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Section 22-A (2) reads as under:

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"(21 For the purpose of Clause (e) of sub-section (l), the State Government shall publish a notilication after obtaining reasons for and ?lf'r description of properties furnished by the District Collectors concemed in the manner as may be prescribed."

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It is pertinent to note that in the case of Vlnjamurl RaJagopda 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 properties covered under clause (e) of Section 22-A shall be notified in the oflicial Gazette of the State Governments and shall be forwarded, along with the tist 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 notification/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.E5/473O / 2Ol3 / Quthbu[apur/Quthbullapur, dated 25.09.2013, which according to the District Collector were classified as Government lands and a Notification was issued calling for objections/ suggestions before placing for prohibitions. Section 22-A (1) (e) and (2) stipulates that if any land is classified arld determined as Government land, the Government shall publish an oflicial Gazette notification after obtaining reasons for and full 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(1)(e)(2) and the guidelines issued by the Full Bench in the case of VlnJamurt 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 offrcial 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.E5/4730/20f3lQuthbullapur/Quthbullapur, dated 25.O9.2013; Deputy Collector and Tahasildhar, Quthbullapur Mandal, File No.B/583/2012, dated 17.O2.2012 and the Gazette Notification No.l34, dated 10.03.2005 and G.O.Ms.No.292, Revenue^{(Registration-I),} 96 March 2OO5 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide File No.Gl /4661/20O5, dated O2.O7,2OOS are not in accordance vrith the provisions of the Section 22-A (1) (e) and 22 (1ll2l and also as per Clause (vi) of the guidelines issued in the case of VlaJamurl Rqragopala Chary (Supra) and the same cannot b€ the basis for denying for registration of the subject^properties.

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Further, the Tahsitdar vide File^{No.B/583/2012'dated17.O2.2O12} had notilied the^{particularproPerty} as^{the Governmentland and} requested the Sub-Registrar^{not to register anydeed of conveyance.The} District Collector on 25.09.2013^{had issued preliminarynotihcation} calling for objections and the^{saidnotilication was found to be defective by} this court in w.P.^No.19069 0t^{2014 dated 25.o8.2014.}

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2a. It is also pertinent to note that in the^{counter filed in W-P.No.26353} of 2C23 prohibiting transfer/ registration that^{subsequenttothe} Notifrcation in R.R. No.83 dated 25.09.2013^{the answeringrespondents} have not taken any steps in notifying in^{the oflicialGazette of State} Government in terms of the^{guidelineNo.(vi) issued by the Full Bench in} the case of ViaJamuri RaJagopda Chary^(SuPra).

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As such, the Notification in^{R.R.No.83in File No.E5/473O/2O13} / Quthbullapur/ Quthbullapur,^{dated 25.09.2013,is onlya 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 Notihcation in R.R. No.83, dated^25.09 -2013, communicated^by the Joint Collector, Ranga Reddy vide File^No.E5/473O l2Ol3l Quthbullapur/Gajularamaram,^{dated 25.09.2013, 2) Deputy Collector &} Tahsildar Quthbultapur Mandal, File No.B/583/20 12, dated^{17.O2.2O 12} and the Gazette Notifrcation No.l34, dated f0.03.2005 and G.O.Ms.No.292, dated 09.03.2005 are not in consonance to the^provisions of Section 22-A of th.e Registration Act, 1908 and 22-A(f)(e) and^Clause(vi) of the grridelines and the same cannot be referred for the^purpose of denying re8istration of the subject properties.- Consequently,^reference made vide in File No. E5 / 4730 / 20 I³ / Q uthbullapur/ Gajularamaram, and File No.E5/4730l2o13lQuthbullapur/Quthbullapur, dated 25.09.2013 and FiIe No.B/58312012 dated 17.02.2012 of the Tahsildar, Quthbullapur Mandal, are declared as illegal, arbitrary and bad in law and are hereby set aside.

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

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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 17.02.2012, 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 clea:- that since these writ petitions (W.P. Nos.9645 of 2O2l and 26353 of 20231 are

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allowed, the^{conditionthat was imposedto theeffectthat not to resort to} furtherconveyanceofthesubjectpropertyisherebyrecalled. The Registering^{Authorities are directed to make necessary changes in the} records.

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32- It is^{made clear thatmere registrationof the document does not} confer title^{on the subject property a-rld it is a'lso made clearthat this order} wouldnothaveanyb€aringonallthosematterswheretitle/rightsofthe parties are^{pendingbeforethe auttroriti'eseitherin revision/appeals for} adjudication^{and in anyother case this order also does not precludethe} parties in asserting^{their rightsbefore acomPetent Court of law'} There shall^{be no order as to costs'"}

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Since the^{issues involved in this writ petitionare similar to thosethat} 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 reasds} alike, this^{writ petition is allowedin terms of the commonorder dated} 22.03.2024^{passed in W'P' Nos'9645 of 2O2l and 26353 of 2O23 by this} Court.

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Consequently,^{the respondent No'3' Sub-Registrar' is directed to} receive,^{process,register and release the sale deedin respectof all that Plot} No.66 land^{admeasuring 300'O Sq'yards'in SyNo '227 /land 228'situated} at Bahadurpally^{Village,Dundigal-GandimaisammaMandal' Dundigal} Municipality^{Medchal-MalkajgiriDistrict'within a periodof three weeks} from the^{date of receiptof a copy of this order' subjectto the petitioner} complying^{with the provisionsof the Indian Registration Act' 19O8' and} IndianStampsAct,lSgg'ItisalsoopentotheRegisteringAuthorityto refuse/receive^{the documents presented before him' if he has any other} objection,^{by duly assigning reasonsinsupport of such decision and} It is made^{clear that rner:-} communicate^{the said decision to the petitioner'} \ \

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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 betore 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

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closed.

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SD/-MOHD. ISMAIL ASSISTANT REGI R //TRUE COPYII \ SECTION OFFlCER To, '1 . The Principal Secretary, Revenue Department, Secretariat Buildings, T.S.,Hyderabad. 2. The District Registrar, Medchal - Malkajgiri District. 3. The Sub- Registrar, Medchal, Medchal - Malkajgiri District. 4. The District collector, lr/edchal - Malkajgiri District. 5. The Tahsildar, Qutubullapur Mandal, Qutubullapur, Medchal - Malkajgiri District. 6. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana, at Hyderabad [OUTI 7. One CC to SRl. B. SAMPATH KUMAR, Advocate IOPUCI B. Two CD Copies BM GJP 0

HIGH^COURT

DATED:0^410412024

ORDER

WP.No.8833^{of 2024}

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