Allowed

Smt. Jalleda Munaswami Prabhavathi v. The State of Telangana

Telangana HC4 Apr 2024WP/8876/2024

Case brief

AI extract

What is this about?

Petitioner challenged refusal to register a sale deed of Plot No.75 at Bahadurpally village based on a Section 22-A prohibitory notification. Following an earlier common order holding such notifications defective for want of gazette publication, the court allowed the writ and directed registration.

What did the court decide?

Sub-Registrar directed to receive, process, register and release the sale deed within three weeks, subject to compliance with the Registration Act and Stamps Act; no costs.

Smt. Jalleda Munaswami Prabhavathi Vs The State of… — Property and Title | Telangana HC (2024)

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[^325s ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat 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: 8876 OF 2024

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Between:

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Smt. Jalleda Munaswami prabhavathi, w/o Ja eda venkata Munaswami Naidu,4Seq Q.years, Housewife, Ryo Htc tA+,-AHEI, RH;;d;;;;;;il: Sanga Reddy District.

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AND

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...PET]TIONER

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'1 . The State of Telangana, .. R.p.. . by its .principal Secretary, Revenue Department, Secretariat Buildinqs, Hvd'erabad.

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?. lhe^{DlstrictRegistrar, Medchal I Malkaiqiri} District.

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I Jfe !gU-.negiskar,^{Medchat, Medchat ii/atkajgiriDistrict.}

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The District Collector, Medchal - Malkajgiri District.

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The . Tahsildar, Qutubullapur Mandal" eutubullapur, Medchal - Malkajgiri District.

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated rin the affidavit filed therewith, the High court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.3, Sub-Registrar, Medchal, Medchal - Malkajgiri District in refusing to receive and register the Sale Deed in respect of all that PIot No. 75, land admeasuring 300.0 sq. yards in Sy.No. 22711 and 228, situated at Bahadurpaily Viltage, 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 cittector, Ranga Reddy District Gazette Notification R.R.No. 83, communicated;''by Joint collector, Ranga Reddy vide File No. E5t473ot2013 dt. zstogt2o.3,rti) Deputy collector and rahsildar, eutubullapur Mandal in File No;1tdaazolz at. 1710212012 and (iii) Gazette Notification No. 134, da. lologl2dos and G.o.Ms.No. 863, Revenue (Registration-l) dt. OglO3l2OOS communicated by the

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i; l: t;

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commissioner and lnspector of General (R and S), Hyderabad vide File No. G1l4661l2oo5 dt. 02lo7t2oos is illegal,arbitrary and violative of provisions of the Registration Act and violative of principles of natural justice and consequenfly direct the respondent No.3 to receive, process, register and release the sale Deed in respect of all that plot No. 75, land admeasuring 300.0 Sq. yards in Sy.No. 22711 and 228, situated at Bahadurpally Viltage, Dundigal Gandimaisamma Mandar, Dundigar Municiparity Medchar - Markajgiri District without reference (i). Ranga Reddy District Gazette Notification communicated by the Joint colrector, Ranga Reddy District Gazette Notification R.R.N.. 83, communicated by Joint collector, Ranga Reddy vide File No. E5l4l3ot2013 dt. 2510912013. (ii) Deputy coilector and rahsildar, eutubuflapur Mandat in Fite No-B/583/2012 dt. 1l-02-2012 and (iii) Gazette Notification No. 134, dt. 10lo3l2oos and G.o.Ms.No. 863, Revenue (Registration-r) dt. o9/03/2005 communicated by the Commissioner and lnspector of General (R and S), Hyderabad vide File No. G1/4661/2OOS dt. O2\OTt2OOs lA NO: 1 OF 2024

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Petition under section 15'l 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 to receive, process, register and rerease the sare Deed in respect of arr that plot No. 75, rand admeasuring 300.0 sq. yards in Sy.No. 22711 and 228, situated at Bahadurpally Village, Dundigal Gandimaisamma Mandar, Dundigar Municiparity .Medchar - Markajgiri District without reference (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. E5t473o12013 dt. 2510912013, (ii) Deputy collector and rahsildar, eutubullapur Mandat in File No.B/583i2012 dL 1zto2t2o12 and (iii) Gazette Notification No. 134, dt. 1010312005 and G.o.Ms.No. 863, Revenue (Registration-l) dt. 09/03/2005 communicated by the commissroner and rnspector of Generar (R and S), Hyderabad vide File No. G114661/2OOS dt. O2lOTl2OOs

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Counsel for the Petitioner: SRt. B. SAMPATH KUMAR counsel for the Respondenrs: Gp FoR srAMps AND REGrsrRATloN

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The Court made the following: ORDER

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(

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THE HONOURABLE SRI WSTICE N.V. SHRAVAI{ KTJMAR

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W.P. No. 8476 of 2o.24

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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 consenf of both the parties, this writ petition is disposed of at the threshold.

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

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The learned 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 28.04.2021 in W.P. No.9645 of 2O2l trad stipulated a condition not to resort to further conveyance of the 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 Bench of this Court vide its common order dated 19.10.2023 passed in W.P. No.283OO of 2OO7 and batch had dealt with the validity of Sectjon 22-A of the Act as incorporated in ttre Registration Act, 19O8 and the Amended Act, 19 of 2OOZ with effect from 20.06.20O7 and had upheld the validity of the Section 22-A of the Act.

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Having gone through the material made available on the record and the submissions made by the learned counsel on either side, it is essential and necessary to excerpt the relevant para Nos.23 to 32 of the common order dated 22.03.2024 passed in W.P. Nos.9645 of 2O2l and 26353 of 2023 by this Court, which reads as under:

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"23. From a perusal of the Notification in R.R. No.83, dated 25.09.2013, the subject lands were notilied 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 p€rsons who are likely to be allected 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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Section 22-A (l) (e) of the Act manifests that any documents or class of documents pertaining to the prop€rties, 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 La.ws and others which are likely to adversely alfect 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 (1), the State Government shall publish a notifrcation after obtaining reasons for and full ttee;iption 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 ViDjamuri RaJagopata chary (supra) paras 156 had summarized and issued directions. As per the Clause (v) no notilication is contemplated under sub-section (2) of Section 22-A with respect to th€ properties falling under clauses (a) to (d) of sub-section (l) of Section 22-A. As per Clause (vi), the properties covered under clause (e) of section 22-A sharl be notified in the official Ga"itte of the State Governments and shall be forwarded, along with the list of properties, and a copy of the relevant notification/ Gazette, to the concemed registering authorities under the.provisions of Registration Act and shall also place the said notilication/Gazette on the websites of both the State Governments.

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The subject lands in these writ petitions as per the Notil.ication in R.R. No.83 in File No. E5/42 30 / 20 t3 I euthbultapur/ euthbullapur, dated 25.O9.2OL3, which according to the District Coltector were classified as Govemment [ands and a Notil-rcation was issued calling for objections/suggestions before placing for prohibitions. Section 22_A (l) (e) and (2) stipulates that if any land is classified and determined as Government land, 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 Section 22-A(l)(e)(2) and the guidelines issued by the Full Bench in the case of Viajamurl 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 olficial Gazette of the State. The Notifrcation in R.R. No.83 dated 25.09.2013 communicated by the Joint Collector, Ranga Reddy vide File No.E5/473Ol20f3leuthbullapur/euthbultapur, dated 25.09.2013; Deputy CoUector and Tahasildhar, euthbullapur Mandal, File No.B/583/20f2, dated tT.O2,2Ot2 and the Gazette Notifrcation No.134, dated 10.03.2005 and G.O.Ms.No.292, Revenue {Registration{}, 9n March 20O5 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide File No.Gt /4661/2005, dated O2.O7.2OOS are not in accordance with the provisions of the Section 22_A (1) (e) and 22 (ll(21 and also as per Clause (vi) of the guidelines issued in the case of Vlqlamuri Rqiagopata Chary (Supra) and the same cannot be the basis for denying for registration of the subject properties.

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daalSrrglililaiiir_:1:.,9e.t,.3

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2T.Further,theTahsildarvideFileNo.B/583/2012,daredt7.o2.2o|2 had notihed^{the particular property as the Governmentlandand} requested the^{Sub-Registrarnot to register any deed of conveyance'The} District Collecto^{r ol25.og} '2013^{had issued preliminarynotification} calling for^{objectionsand the said notifrcationwas found to be defective by} this Court in^{W.P. No.19O69of 2OL4dated25'O8'2014'}

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2a- It is^{atsopertinent to note that in the counterfrled in W'P' No'26353}

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of 2023 ProhibitinB^{transfer/registration thatsubsequenttothe} Notification^{in R.R. No.83 dated 25'09'2013the answeringresPondents} have not^{taken any stePs in notifying in the offlcialGazetteof State} GovernmentintermsoftheguidelineNo.(vi)issuedbytheFullBenchin the case of Vinjao.url^{RajagopalaCh'ry (Supra)'}

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As such,^{the Notificationin R'R'No'83 in FiIe No'E5/473O l2ol3l} Quthbullapur/^{Quthbullapur,dated 25'09'2013, is only a notice given for} inviting objections^{and suggestionsand this cannot be the basis for} refusal for registration^{of the subjectproperties'In view of the same'} Gazette Notification^{in R.R. No.83,dated 25'09'2013' communicatedby} the Joint Collector'^{Ranga Reddy vide FileNo'ES/ a730 /2O13/} Quthbutlapur/Gajularamaram,^{dated 25 09'2O13'2) Deputy Collector&} Tahsildar QuthbullaPur^{Mandal, File No'B/583/2012' dated17 'O2'2Ol2} and the Gaz,ette^{NotificationNo'134, datedlO'O3 2005and} G.o.Ms.No.292'datedog.03.2o05arenotinconsonancetotheprovisions ofSection22-AoItheRegistrationAct,lgoSand22.A(1)(e}andClause(vi) of the guidelines^{and the samecannotbe referred for thePurPose of} denying registration^{of the subjectproPerties'Consequenfly'reference} made vide in File^No.E5/473O l2}l3 /Quthbullapur/^{Gajularamaram' and} File No.E5/4730l2o13lQuthbuUapur/Quthbullapur,^{dated 25'09'2073} and File No.B/583/2O12^{dated' 17.O2'2O12 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.9645of 2O2l and 26353 of 2023 are allowed'}

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3l.ThisCourton22.og.2o23,whiledirectingtheRegisteringauthority to receive and Process^{the documentwithout referenceto the letter dated} 17.O2.2O12, and^{the Notificationin R'R' No'83 dated25'09'2013'had}

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directed the petitioner not^{to resort to furtherconveyanceo[ the subject} property without leave of this Court'^{In this regard,it is madeclearthat} since these writ petitions^{(W.P.Nos.9645of 2021 and 26353 of 2??31 are}

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allowed, the condition that was imposed to the effect that not to resort to further conveyanc€ of the subject property is hereby recalled. The Registering Authorities are directed to make necessary changes in the records.

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It is made clear that mere registration of the document does not c'onfer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where tiue/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 [aw. There shall be no order as to costs..

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7 ' since the issues involved in this writ petition are sim ar to those that have been considered by this court in the common order dated 22.03.2024 r passed in w.P. Nos.9645 of 2o2 r and 263s3 of 2,,23 and for the reasons/ alike, this writ petition is alrowed in terms of the common order dated 22'03'2024 passed in w-p. Nos.964s of 2o2r and 263s3 of 2023 by this Court.

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consequenfly, the respondent No.3, Sub-Registrar, is directed to receive, process' register and release the sare deed in respect of all that plot No'75, land admeasuring 300.0 sq.yards in Sy No.222 / r and 228, situated at Bahadurpally Village, Dundigal_Gandimaisamma Mandal, Dundigal Municipality, Medchal-Malkajgiri District, within a period of three weeks from the date of receipt of a copy of this order, subject to the petitioner complying with the provisions of the Indian Registration Act, 190g, and Indian Stamps Act, 1g99. It is also open to the Registering Authority to refuse/receive the documents presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that i{nere

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registration of the document does not confer title on the subject property and it is arso made clear that this order would not have any bearing on a, those matters where title/ rights of the parties are pending before the authorities either in revision/appears for adjudication and in any other case this order a'rso does not preclude the parties in asserting their rights before a competent Court of law. There shall be no order as to costs.

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

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closed.

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T O,

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// TR'R U E E coPYil copy,^{ASS,,??/NT?EDciffil,.} '^V o* /

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SECTTON OFFICER

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] irt: f;ffg8li"*o'r, Revenue Deparrment, secrerariat Buirdinss,