Allowed

Naragoni Rahul Goud v. The State of Telangana

Telangana HC16 Apr 2024WP/9370/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the registration authority’s refusal to register a sale deed. The Court held that the impugned notifications were illegal and arbitrary for failing to follow statutory guidelines. It directed the Sub-Registrar to register the document and recalled a restraint on further conveyance.

What did the court decide?

The respondent Sub-Registrar is directed to receive, process, and register the sale deed in respect of Plot No. 129, Sy. Nos. 2211 and 228 within three weeks. A prior condition restraining the petitio

Naragoni Rahul Goud Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[^32s5 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE SIXTEENTH 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: 9370 OF} 2024

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Between

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Naragoni Rahul Goud, S/o Yellaiah, aged 25 years, Occ 55/1, Kondakal, Shankarpalle, Ranga Reddy District.

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Employee, R/o H.No. 3-

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...PETITION ER

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AND

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'1- The State of Telangana, Rep. by its Principal Secretary, Revenue Department, SecretariaI Buildings, Hyderabad.

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The District Registrar, tvledchal - Malkajgiri Diskict.

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The Sub Registrar, tr/edchal, I,4edchal lVlalkajgiri District 4. The District Collector, Medchal - It/alkajgiri District.

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The Tahsildar, Qutubullapur Mandal, Qutubullapur, It4edchal -^Malkajgiri Districl

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...RESP'NDENTS

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Petition under Arlicle 226 oF the Constitution o[ lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, order or direction more particularly one rn the nature of Writ of I\4andamus declaring the action of the respondent No.3,^{Sub-Registrar,} l\4edchal, l,4edchal - tt4alkajgiri District in refusing to receive and register the^Sale Deed in respect of all that Plot No. 129, land admeasuring 300.0 Sq.^yardsin Sy.No. 22111 and 22a, situated at Bahadurpally Village,^Dundigal Gandimaisamma N/andal, Dundigal lr,4unicipality lvledchal Malkajgiri^District basing on the prohibitory list under Sec. 22-A of the Registration as^per the⁽ⁱ⁾ Ranga Reddy District Gazette NotiFication con]municated by the^{Joint Collector,} Ranga Reddy District Gazette Notification R.R.No. 83, communicated by^Joinl Collector, Ranga Reddy vide File No. E5/4730/2013 dt. 25-09-2013,^{(ii) Deputy} Collector and Tahsildar, Qutubullapur lVlandal in File No.8/583/2012^dl.17-O2 2012 and (iii) Gazette Notification No. 134, dt. 10-03-2005^{and G.O.Ms.No.863,} Revenue (Registration-l) dt. 09-03-2005 communicated by the^{Commissionerand} lnspector oF General (R and S), Hyderabad vide File No. G1/4661/2005^{dt, 02-07-} 2005 is illegal,arbitrary and violative of^provisions of^{the RegistrationAct and} violative of Principles of natural^justice and consequently^{direct the respondent} No.3 to receive, process, register and release the^{Sale Deed in respecl of all that} PIot No. 129, land admeasuring 300.0^{Sq.yards in Sy.No.227l1and228, situated} at Bahadurpally Village, Dundigal -^{Gandimaisammalvlandal,Dundigal} tVlunicipality [,4edchal - Malkajgiri District^{withoutreference(i). RangaReddy} District Gazette Notification communicated by the^{Joint Collector, RangaReddy} District Gazette Notification R.R.No. 83, communicated^{by Joint Collector,Ranga} Recldy vide File No. Esl473Ol2O13 dt. 25-09-2013,^{(ii) Deputy Collectorand}

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!i!'..': id,..f.."r,t

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Tahsildar. Qutubullapur lvlandal in File No.B/583/2O12 dt. 17 -OZ-20'12 and (iii) Gazette Notification No. 134, dt. t0-03-2005 and G.O.l\Is.No. 863. Revenue (Registratior.t l) dt. 09 03-2005 communicated by the Commissioncr and lnspector of General (R and S), Hyderabad vide File No. G'1/4661/2005 dt. 02-07 2005

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lA NO:^'1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavrt filed in support of the petition, the High Court may be pleased to direct the respondent No.3 to receive, process, register and release the Sale Deed in respect oI all that PIot No. 129 and admeasuring 300.0 Sq. yards in Sy.No.22ll1 & 228, situated at Bahadurpally Viltage, Dundigal - Gandimaisamma lVandal, Dundigal l.4unicipality Niledchat - lr,,latkajgiri District without reference (i) Ranga Reddy District Gazette Notrfication communicated by the Joint Collector, Ranga Reddy District Gazette Notification R.R.No. 83, communicated by Joint Collector, Ranga Reddy vide File No. E5/4730/20'13 dt. 25-09-2013, (ii) Deputy Co ector and Tahsildar, Qutubullapur Mandal in File No.B/583/2012 dt. 17-02-20.12 and (iii) Gazette Notification No. 134, dt. 10-03-2005 and G.O.l\rls.No. 863, Revenue (Registration l) dt. 09-03-2005 communicated by the Commissioner and lnspector of General (R & S), Hyderabad vide Fite No. c1/4661i2005 dt. 02,07- 2005and pass

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Counsel for the Petitioner: SRI B.SAMPATH KUMAR

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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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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.937O of 2024

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ORDER:

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

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This writ petition has bee n 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.O9.2O13.

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The learncd counsel for the petitioner would submit that the subject matter o[ this writ pctition is squarely covered by the common order dated 22.03.2024 passed in W.P. Nos.9645 of 2021 and W.P. No.26353 of 2023 by this Court. The learned counsel would further submit that this Court, rvhile granting interirn order dated 28.04.2O2L in W.P. No.9645 of 2O2l inad stipulated a condition not to resort to further conveyance of the subject properly 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 prohibitcd the parties from proceeding with further conveyance of the property except on obtaining required permission from this Court.

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On the other hand, the learned Assistant Government Plcader appearing for the Stamps and Registration did not dispute the submissions macle by the learned counsel for the petitioner.

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rffiEBil}H \

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At this juncture, it is significar rt to note that the Division Bcnch of this Court vidc ils common order dated lq.lO.2023 passcd in W.p. No.2830O oi 2OO7 and batch had deatl with the validily of Section 22_A of the Act as rncorporated in the Registration Act, I908 and the Amended Acr, Ig of 2OO7 with elfect from 20.06.2007 and had upheld the validity of the Section 22_A of the Act

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6 Having gone through the material made available on the record and the submissions made by the learned counsel on e ither side, rt is essential and necessary to excerpt the relevant para Nos.23 to 32 of the common order dated 22.O3.2024 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 th *o"n""ttot in R R No 83' dated 25 09.2013, the subject lanrls were,ro,rt under section 22-A (l)(al for the purpose of Section 22-A(r). It is r susse s tio ns on th e ab ove ;;" :", T:. r:T:.i::t::: ;: T:,:,;","Ti affected ulerebv for being taken into consideration or-in" oou..rr,r.",rr. The details of the propcrtir in the annexure states that the subject rands u.. oor,...,-".r", ;::::"tt

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Section 22_A (l) (e) of the Act manifests that any documents or class of documents pertaining to the properties, ,n" a,"," tr"_ of notification Central and State prohibit the Goverrregisrratio- in which avowed or ".r.a',LLJ] ::"-:": fiT::::l#:i :="'H ":':;::# ;':T:: ;.H# rax Laws and others which are Iikelv to adversely "o.., ,n."jij,"'lliect

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Section 22-A (2) reads as undcr:

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."-"-;::, ::,,':",;:T"j" or crause (e) or sub-section (1), the srate ..;;;";,,""ttncation aftcr obtaining reasons for and fulr descrip[io. ; rhe Districr coueFtors concerned i. rh,_,,ra,,,,.,. a" -:l fi::"":::"41,

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-^{.11'14" :,^:} '7

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lt is pertincnt to note that in thc case of Vinjamuri Rajagopala Chary (Supra) paras 156 had summarized and issued dircctions. As per thc 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 (l) of Section 22 A. As per Clause (vi), the properties coverecl under ctause (e) of Section 22-A shall be notified in the ofhcial Gazetle of the State Governments and shall be forwarded, along with the list of propertics, and a copy of the relevant notification/ Gazettc, to the concerned registering authorities undcr 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.E5/4730 /2013 I euthbu[apur/euthbullapur, dated 25-09.2O13, which according to the District Collector were classificd as Government lands an.l a Notification was issued calling for objcctions/ suggestions before placing for prohibitions. Section 22_A (1) (e) and {2) stipulates that if any land is classified and determined as Government land, the Government shall publish an official Gazctte 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 hald, the respondents have not followed the provisions of Section 22 A(1)(e)(2) and the guidetines issued by the Full Bench in the case of Vinjamuri Rajagopala Chary (Supra) wherein at para 156 held that the authorities are obtiged to follow Clause (vi) for those propertics covered under Clause (e) of Section 22 A of t:he Act, whereby such lands have to be notihed in the official cazette of the State_ The Notification in R.R. No.83 dated 25.09.2013 communicated by the Joint Collector, Ranga Reddy vide File No.ES/ 473O/2013/ euthbullapur/ euthbuflapur, dared 25.O9.2O13; Deputy Collector and Tahasitdhar, euthbullapur Mandal, File No-Bl5a3/2012, d.ated 17.O2_2Ot2 and the Gazette Notification No.l34, dated 1O.O3.2005 arrd G.O.Ms.No.292, Revenue (RegistrationJ), 9u. March 20O5 communicated by the Commissioner and Inspector Gcneral (Revenue & Stamps), Hyderabad vide Fite No.cl, / 4661/2OO5, dated O2-O7.2OO5 are not in accordance with the provisions of the Section 22-A (1] (c) and 22 llJQ) and also as per Clause (vi) of the guidelines issued in the case of Vinjamuri Rajagopala Chary (Supra) and the same cannot be lhe basis for denying for reglstration of the subject properties.

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27 Further, the Tahsildar- vidc File No.B/583/2012, dated 17 _O2.20t2 had notifled the particular propcrty as the Government land and requested thc Srrb Registrar not Lo register any dccd of conveyance. The Distlict Collector on 25.O9.2013 had issued preliminary notihca tion calling for objcctions a,d thc said noLification was found to be detective b' this Court in W.P, No.19069 of 20i4 dated 25.08.2014.

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28- It is also pertinent to note that in tie counter filed in W.1,. No.26353 of 2023 prohibiting transfer/ regis tration that subsequent to the Notification in R.R. No.83 dated 25.O9.2013 the anss,ering respondents have not taken any steps in notifying in thc ofhciat Gazette of State Governmcnt in terms ot the guidetine No.(vi) issued by the Full Bcnch in the case of Vinjamuri Rajagopala Chary (Supra).

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As such, the Notification in R.R.No,83 in Fite No.E5/4ZgOl2Ol3/ Quthbullapur/ Quthbullapur, dated 25,09.2013, is onty a notice given for inviting objcctions and suggestions and this cannot be the basis for relusal for rcgistration of the subject properties_ [n view of the same, Gazctte Notilication in R.R. No.g3, datcd 25.O9.2O13, communicated by the Joint Collector, Ranga Reddy vide File No_ES /4730 /2013/ Quthbullapur/ Gajularamaram, dated 25.09.2O 13, 2) Deputy Collector & Tahsildar Quthbultapur Mandal, File No.B/ S83/ 2O 12, dated 12.O2.2O12 and the, cazette Notification No.134, dated iO.O:t.2O05 and G.O.Ms.No.292, dated 09.O3_2OO5 are not in consonance to the provisions of Section 22-A of the Registration Act, lg08 and 22 n(1)(e) aDd Clause (vi) of the guidelincs and the same cannot bc referred for ttre purpose o1 denying registration of the subject properties. Consequently, reference made vide in File No.E5/473O/20 i 3/ euthbullapur/Gajularamararn, arrd File No. E5/473Ol 2O 13/euthbu[apur/ euthbu apur, dared 25.Og.2Ot3 and File No.B/583/2012 date<l 1.2.O2-2O12 of the Tahsitdar, euthbultapur Maldal, are declared as illegal, arbitrary a:rd bad in law and are hereby set aside.

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Accordingly, W.p. Nos.9645 of 2O2l atd 26353 of 2023 are allowed.

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This Court on 22.09.2023, while directing the Registering auLhority to receive and process the document without relerence to the lettcr dated 17-02.2012, and the Norification in R.R. No.83 dated 25.O9.2013, had directed the petitioner not to resort to further conveyance oI the subject property without leave o[ this Court. In this regard, it is made clear that sincc thcse rvrit petirions {W.p. Nos.9645 of2O21 and 263S3 of n2023) are

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{ I

1;l

allowed, fhc condition that was imposed to the effcct that not to resort to further convcyance of the subjcct property is hereby rccallcd. The llegistering Authorities are directed to makc necessary changes in thc records-

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[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 havc any bearing on all those matters where title/rights of the partics are pending before the authorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law. There shall be no order as to costs."

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

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Consequently, the respondent No.3, Sub-Registrar, is directed to receive, process, register and release the sale deed in respect of all that the land bearing PloL No. 129, land admeasuring 300.0 Sq.Yards, in Sy No.227 ll ar d 228, situated at Bahadurpally Village, Dundigal- Gandimaisamma Mandal, Dundigal Municipality, Medchal-Malkajigiri District, within a period of three weeks from the date of receipt of a copy of this order, subject to the petitioner compiying with thc provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authorily to refuse/ receive the documents presented before him, if he has any other objection, by duly assigning reasons in support of such dccision and comnunicaLe the said dccision Lo thc petitioner. It is made clear that

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1 LI

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mere registration of the documcnt does not confer title on the subject property and it is also made clcar that this ordcr would not have any bearing on all 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 also does not preclude the parties in asserting their rights before a competent Court of larv There shall be no order as to costs

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':ri

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

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closcd

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SD/-N.SRI ,TRUE COPY// AS SISTANTREGIS AR

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SECTION OFFICER

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'1 . The Principal Secretarv. R Department' state or relangana, secretariat Buirdings, Hrd".t:?:l ^ ; tff H[{:^&!ff t5[il#*::^fl, "#i5,is; i;15jx, o,.,,,", 3 ii3,?"?llfj,",:l, ffi li,ffi : ;yj i-s,f, r,#t!ii"#,, . M a'ka j s iri

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9 9f^{g: ro Sri Bsamparh Kumar, Advocate} IOPUCT ' l,Xr""ir"o,'rl',3Pror^{Revenue'Hisi'} c;"ii.i i;';5;i" olleransana ar

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B. Two CD Coiies^'

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of this order dated 22to3t2o24in wp Nos e645 /2021 and $3i3# irrrj"pv

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HIGH COURT

D ATED:1610412024

ORDE R

WP.No.9370 of 2024

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ALLOWING THE WP WITHOUT COSTS

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\."pR^ vY_ ilrsl''v

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NVSK, J W.P. Nos.9645 of2o21 and 26353 ol 2023

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THE HONOU'RABLE SRI JUSTICE N.V. SHRAVAN KUMAR

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W.P. Nos. 9645 of 2O2l alrd.26353 of 2023

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COMMON ORDER:

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Sincc the issues involved in these writ petitions are common for consideration they are being disposed of by this common order.

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W.P. No.9645 of 2O2l has been filed 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.03 022, and Plot bearing No.O3-022/NR,^,,vith a plinth area of 435 sq.fts., Commercial and 400 sq.fts., Residential in Ground Floor and 835 sq.fts., on first floor, thus totally 435 sq.fts., Commercial in Ground Floor and 1235 sq.fts., residential in Ground and first floors, on Plot No.1O34, and land admeasuring 142 sq.yds., covered undcr Block No.3 and Ward No.1, in Sy.No.1O7, situated at Weaker Section Flousing Colony, Suraram Colony of Suraram village, Quthbullapur Mandal, and Municipality, under GHMC, Medchal-Malkajgiri district (herein after referred to as'the subject property') basing on prohibitory list under Section 22-A of Registration Act as per the 1. Ranga Reddy District Gazette Notification R.R.No.S3, communicated by Joint Collector, Ranga Reddy vide File^No.E5/473O /2013 /Quthbullapur/ Nizampet datcd 25.09.2O13,2. Deputy Collcctor &^Tahsildar Quthbullapur Mandai, File No.B/583 /2O)2, dated 17.O2.2O12^{and 3. GazetteNotification} No.134, datecl 1O,03.2OOS and G.O.Ms.No.292,^{Revenue (Registration.I),} 9th March 2O05 commur-ricated by Cornmissioner and^{InspectorGeneral} (R&S), Hydernbad vide File No.G1/46(tl/2OO5,^{dated 02.O7.2005,is illegal,}

¶86

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ru.P. r{os.964s or202r ana 26353 0f 2i)23

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arbitrary, in violatior, of Articles 11, 2l and 30O A of Constitution of India and also in violation of Rcgistration Act, 1908 bcsides in violation of prlnciples of natural justicc and consequently direct the respondent No.3 herein to receive and register the sale deed presented by the petitioners, in respect of the Llouse bearing No.03.O22, and^plot bearing No.O3-O22/NR, with a plinth area of 435 sq.fts., commercial and 400 sq.fts., residential in ground floor and 835 sq.1ts., in first floor, thus totally 435 sq.fts., commercial in ground floor and 1235 sq.fts., rcsidential in^ground and^first floors on plot No.1034 and land admeasuring¹⁴² sq.yds.,^coveredunder Block No.3 and Ward No.107, situated at Weaker Section Housing Colony, Suraram Colony of Suraram Village, Quthbullapur^Mandaland Municipality, under GHMC, Medchal-Malkajgiri^district.

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W.P. No.26353 of 2O23 has been filed seekin^{g a} writ of^mandamus questioning the action of tl-rc respondcnt No.3, Sub Registrar, Quthbullapur, Medchal Malkajgiri in not rcceiving and^{registcring the sale dced presented} by the petitioner in respect of all that the^{I-Iouse No.28169} /⁴ /² /¹ (PTIN No.1151601839), with plinth area of^{450 Sft., of RCC} in^{ground floor} and 45O Sft., of RCC in first^{floor, thus t[-re total plinth are is 9O0 Sft.,} (G+ i ) of RCC admeasuring 10O square^{yarrds ot 83.67 sq.meters(covered} under Block No.28) in^{SurveyNo. 151, situated atMaruthiNagar of} Quthbullapur^{village ancl Mandal, underGI IMC QuthbullapurCircle,} Medcal-Malkajgiri drstrict,^{Telangan:rState (hereinafter referredtoas} 'the subject^{property') on thc basis of prohibitory list under Section 22-Aof} the Registration Act,^{l qLlB} as^{per the I .RangaReddy District Gazette}

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NVSK, J w.P. Nos.9645 or 202r and26353012023

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Notification R.R. No.83, communicatecl by Joint Collector, Ranga Reddy vrde File No. E5 /a 73O / 20 1 3 / Quthbullapur/ Quthbullapur datcd 25.O9 .2O13, 2. Deputy Collector & Tahsildar Quthbr-rllapur Mandal, File No.B/583 l2OI2, dated 17.O2.2O12 and 3. Gazette Notrfication No.134, dated 1O.03.2OO5 and G.O.Ms.No.292, Revenue (Registration.I), 9tr, March 2005 communicated by Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide File No.G1/4661 /2OO5, daled 02.O7.2OO5, as illegal, arbitrary, in violation of Articles 74, 27 ar,d 3OO-A of Constitution of India and also in violation of Registration Act, 1908 besides in violation of principles of natural^justice and consequently direct the respondent No.3 to receive and register the subject propcrty without reference to the Gazette No.83.

¶93

Brief lacts of the case in W.P. No.9645 of 2O2L are that the vendor of the petitioner is the absolute owner and^possessor of the subject^property and having purchased the same through registered sale deed bearing document No.7457/2012, dated 12.07.2021, the petitioner and his predecessors are in the title and in peaceful possession, without there being any interference from any quarter. It is submitted^{that the petrtionerhas} prepared the sale deed and also paid Challan on 18.02.2021 and the same was presentcd before thc 3'd rcspondent for registration, but^the 3.d respondent has refused to receive and^{registerthe same on the ground} that the subject property is located in^{Sy.No.107, situatecl at Weaker Section} Housing Colony, Suraram Colony of Sur:rram^villagc, Quthbullapur^Mandal and Munlcipality, under GHMC, Medchal-Mall<:rjgiri^{District, which is under}

¶94

w P. Nos.9645 04 202r an

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prohrbitory list :ts per tl're Section 22-A of the Registr:rtion Act, basing on the follor,ving infor-rnzrtion

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"1. The property is Government lancl, notificd as prohibited proper[y u/s 22 lt of Registration Act as per the Ranga Reddy Dislrict Gazette Notrfication It.R.No.8ll, Communicated by Joint Collector, llanga Reddy vide File No.E.5/473O /2013 I Qr-tthbr-rllapur/Nizampet,^{dated 25-09-20 I 3.}

¶97

Deputy Collector & Tahasildar Quthbullapur Mandal, Fite No. R/583 /2072, d'ated 17 02 2012.

¶98

Gazette Notification No.134, dated 10-03-2005 and G.O. Ms.No.292, Revenue (Registration.I), 9Lt, March 20O5 communicated by Commrssioner rlncl Inspector General (R&S), Ilyclerab:rd Vidc Filc No.G1. 14661/2005, Dt.02 07 2OO5."

¶99

Challenging the said action of the 3'd respondent, the petitioner filed the present^.,vrit petition.

¶100

Bnef facts of the c:rse in W.P. No.26353 of 2023 arc that the petitioner is the absolute olvner and possessor of thc subject^property having purchased the same vide sale deed Document No.49i4 of^2OO7, d,ated 22.03.20O7, registered at SRO., Ranga Reddy. It is^{submitted that} due to his lamily necessitres has offered to sell the subject^property to^the prospective plrrchaser and having come to know about the same, the prospective purchaser approached and^{expressed his willingnessto} purcharse the saicl properly and upon oflcr:rnd acceptance, both^{the parties} havc agreed to go further ancl entered into^{szrle agreemelltand presented the} same lor registration beforc the responclerrL No.3 on^{12.{J9.2023 but the} responclent No.l3 has relised to receive^{and register the sale decd on the}

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tt 26ss3 oa2o23

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ground th:rt lhe subject properLy is located tn Sy.No. 151, situated at Maruthi Nagar of Quthblrllapur village and Mandal, undcr GHMC Quthbullapur-^{Circle, Medchal-Malka.jgiriDistrict,as per the listin} Notification R.R. No-83, dated 25.O9.2013, which is under prohibitory list as per the Sectir;n 22 A c:f the Registra tion Act, based on the following information-

¶104

" 1. The property is Government land, notified as prohibited property tt ls 22-A of Registration Act as per tl're Ranga Reddy District Gazette Notification R.R.No.83, Communicated by Joint Collector, RangaL Reddy vide Fite No-E5/473O /2013 / Quthbullapur/Quthbullapur,^{dated 25 09-2O13.}

¶105

Deputy Collector & Tahzrsildar Quthbullapur Mandal, Frle No. B/583 /2012, datecl 17-O2-2O12.

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3- Gazette Notification No.134, datcd 10 03 2005 and G.O.Ms.No.292, Revenue {Regis tration.l), 9' March 2005 communicated by Commissioner and Inspector General^(R&S), l{yderabad Vide File No.Gl /a661/2OO5, Dt.02 07 2OO5."

¶107

Challenging the said action of thc 3'd respondent, the^{petitioner filed} the present wriI petition

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

¶109

On bchalf of the respondent No.3 in W.P.^{No.26353 of2023,} while denying thc writ avcrments, counter^{affidavit has bcenftled, inter olia,} stating that on verification of the^{prohibitory watch register, the land} bearing in Sy.No.¹ 51, situatecl^{zrt N/taruthiNagar of} Quthbullapur^{village and} Manctal, uncler CiHMC Quthbullapur Circle,^{MedchalMalkajgiri District,}

¶110

NVSK, J wP N6s 9645 of202 L an.l26353 ol2023

¶111

¶112

is cl:rssified :rs Govel:nmcnt land, AS such rt is prohibrtecl for registratron undcr Scction 22 A of lhe Registration Act, 1908 as per the follorving records

¶113

a) "Rtrnga Reddy District Gazette notification R.R. No.83 cornmunicated by Joint Collector Rangareddy vide File No. E5/a730l 2O I 3/ Quthfullapur/ Quthbullapur, dated 25.09.2O13.

¶114

b) Deputy Collector and Tahsildar, Quthbullapur Mandal File No.B/ 583 / 2012, dated 77 .O2.2012 and

¶115

c) Gazette Notification No.134, dated 10.O3.20O5 and G.O.Ms.No.292, Revenue (Registration.I), 9th March 2005 communicated by Commrssioner and lnspector General (Registration & Stamps), Hyderabad vide File No.G1 /466 1 / 2OO5, dated 02.07.20O5."

¶116

9 . lt is su bmil ted that in pursuance 1o the interim direction passed by this Court on 22.09 .2023 ln the writ petrtion, the subject property in the writ petition rvas registerecl vide Document No.26459/2023 registered at SRO, Quthbullapur. It is further submitted that in the interim order dated 22.O9.2023 passcd by this Court, re{erence of Civil Appeal No.4223 of 20i8 and batch has been takcn whereunder the Hon'ble Apex Court directed that the Registration may go on pcnding the writ^petition challenging^{the validity} of Section 22-r\ of the Registration Act. As the validity of^the Section^{22-A of} the Act is upheld by the Division Bench of this Court^vide its^{order dated} 19.1O.2O23 in W.P. No.2830O of 2OO7 and batch, the^{interim order passed} by this Court on 22.09.2iJ23 rvill no longer survive, as^{such, prayeci to}

¶117

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NVSK. J w.P. Nos 964S or202r an.t 26353 0t 2023

¶119

vacate the rntcrim order dated 22.09.2023 and consequently sought to dismiss thc wrrt petition

¶120

SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONER:

¶121

The lcarned counsel for the petitioner would submit that the above reasons shotn by the 3'd respondent for refusing to register the subject property appears that thc authorities have incorporated the subject propcrty in thc prol-ribitory fist unclcr Scction 22 A of the Registration Act without following due process of law.

¶122

1 1. It is further submitted that the subject property is private patta land but for the rezrsons best known to the authoritres for including the subject property in the prohibitory list is bad in law. It is further submitted that the respondcnts' authorities have farled to take note that the subject^property had already been converted rnto plots long back and almost the entire area was converted into residential colony.

¶123

It is furtl'rer submitted that the authorities^{:rre refusingto receiveand} register the subject document based on a Gazette^{notificationissued in the} year 2005, which was strucl< down by this Court in W.P. No.14099^{of 2003} while placing reliance on the^{judgmentrcnderedby the HonbleSupreme} Court in the case of State of^{Rajasthan and othersVs. Basant Nahatal} and thereafter, the Government^{hasissuecl a fresh notification underthe Act} 79 of 2OO7, therefore reftisal for^{registration of the subject propertyor-r the} ground of 2OO5 notification rs bad in larv^{and thc same is held by this Court}

¶124

'zoos^{(s) arr :: (sc)}

¶125

¶126

w P. Nos_96a5 0f202r anA263SJ o12023

¶127

in tlre casc cif T.Yedukondalu Vs. The Principal Secretary to Governlnent2

¶128

It is lurther submitte.l that the Government Orclers, which are relied on by the respondent No.3 in rcjccting for registratron of the subject property is G.O.Ms.No.786, clated 09. i 1.1999, rvhich stipulats prohibition of registration of documents on the ground lha t they are opposed to public policy therelore the present case of Lhe petilioner is also covered by the above said issuc. It is further submitted that the acts of the respondents in including thc subject property in thc prohibitory list published under Section 22-A of the Registration Act vide G.O.Ms.No.28O to 296, dated 10.O3.2005, vide File No.G 1/466 I /2005, dated 02.O7 -2OO5, Gazette Notification No.134, datccl 1O.03.2005 is illegal and arbitrary and in vioiation of Articlcs 14,2l and 30O-A of the Constitution of India and that the action of the 3'd respondent in refusing to receive and register the subject property basing on thc Notificzrtion vicle R.R.No.83, issued by the Collector, Ranga Reddy District, is bad in lzrw^as he is not competent^to issue such notification or directions to the 3'd respondent office.

¶129

The learned counsel for the^{petitioner would} further^submit thatⁱⁿ similar circLrrnstances, this Court in W.P.^{No.1 1330} of 2019^{and in} W.P. No.16899 of 2Ol9 directed the authoritics^{to registerand release the} documents.

¶130

'zotr^{(a) nro +r}

¶131

NVSK, J tt 26353 0t 2023

¶132

¶133

On thc otl'rer hand, the learnecl Govcrnment Pie:rder for Stamps and Registration appearing lor the respondcnts while rciterating the countcr averments woulcl submit that the Division Bench of this Court in W.P. No.283OO of 2OO7 ancl batch wherein thc validity of the Section 22-A of the Act has been challengecl vicle orcler dated 19.10.2023 passed order validating the Section 22-A of the Registration Act. Hence, he sought to dismiss the writ petition.

¶134

INTERIM ORDERS:

¶135

16- From a perusal of the proceeclings in W.P. No.9645 of 2027, this Court on 28.O4.2O21 , passed the following interirn order

¶136

"lJeard learnecl counscl for the petitioner, learned Government Pleadcr for Revenuc :rnd learned Special Government Pleader appearing for Iearned Advocate General.

¶137

Post along witli w.P.No.4236 oL 2O2l-

¶138

The deed o[ conveyancc presented by tl'rc petitioner in respect of House bearing No 03 O22 and Plot bearing No.O3 022 NR with a plintJi area of 435 sq. feet commercral and 400 sq. feet rcsidential rn ground floor and 1235 sq. feet residential in ground ancl first floors on Plot No.1034 and land admeasuring 142 sq. yards covercd undcr Block No.3 and Ward No.l in Survcy No.1O7 situated at Weaker Section Housing Colony, Suraram Colonl, of Suraram Village, Quthbullapur^{Mandalancl Municipnlity,under GHMC,} Medchal Malkajgiri District, was rcfused for registration by referring to File No.ESl47 30 /2013 /Qu thubullapur/ Gajularamaram, dated 25.09. 20¹ 3, l"ile^{No. R/} 583/^{2O I} 2 dated 17.O2.2O12 of tl're Tahsiklar, Qtttl'ru bullapur- M:rndal, Gazette Notification No. 134, drrtccl 1O 03.20O5, and G,O.Ms.llo.292, datccl 09.03.20O5.

¶139

¶140

d 263s3 0r2023

¶141

Accorrhng to lean-red counscl for the petitloner, the Gazette Notification w:rs set arsicle by tl'rc Division Bench of this Court in^juclgment, daled 07.12.2005, in W.P.No- 14099 of 2003 and batch. Though after this tudgment, Section 22-A ol the Registration Act, 1908 lvers amended, no further notification was issued as required by the Rcgistration Act. Horvcvcr, on 25.O9.2O13, thc Dislrict Collector issued prcliminary notillcation calling for objections. This notification was found to bc dcicctive by this Court in W.P.No.19069 of 2014, datecl 25.08.2014. Tl-rc lctter dated 17.O2.2O12 was issuccl by tire Tahsildar notifying the particular propcrty as the Government land and requcsting the Sub-Registrar not to rcgister any cleed of conveyance.

¶142

Having regard to clcclaratiort gi,',en by the Fu11 Bench of this court in Vinjamuri Raiagopala Chary v, State of Andhra Pradesh [2O16 (1] ALT 550 (FB)I, thc authority competent to notify is the District Collector.

¶143

This clearly shows that there was no application of mincl by the revenue authoritics and by the Sub-Registrar in rejecting the document for registration. On this issue, several writ petitions are filed. Though, thcy are glaring, so far the Govcrnment has not applied its mind and Ineasures^{arc put in} place to streamline registration process affectrng citizens.

¶144

Subject to lurthcr consider aLion of the issue^{after the} judgment of the Hon'ble Supreme Court in Civil Appeal No.4223 of 2018 and batch, the^{prr:visionsof Scction 22-A of} the Registration Act and the orders issned^{by this Court in} various writ petitions, by rvay o[ interim^order, the respondent-rcgistration autl-rority is clirected^{to receive and} process the document, without reference to the^{letter dated} 77 -O2.2012, and the Gazctte Notification,^{datecl 25 09.2013,} subject to compliancc of^{provisionsof the llldial]Registration} Act, 1908 and lndian Stamp Act,^{1899 ancl to ascertainthe}

¶145

NVSK, J wP. Nos.9645 04202r and26353 0f 2023

¶146

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statlrs ol land, as r-eflected itr the rcvcnue records. If the deed o1 conveyance conrplies rvitli all the requiremcnts :rnd thcrc is no ernbargo in accepting the document for registratlon, the Registering nuthority shall register and releasc the document. However, any such zrction shall abide thc result of the writ petition. Further, petitioner is directcd not to rcsort to further conveyance of thc subject property without leave of this Court."

¶148

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

¶149

"Notice before admission.

¶150

Learned Assistant Government Pleader for Stamps and Rcgistration war'ves notice fbr RespondenL Nos.1 to 5.

¶151

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

¶152

'lhis Writ Petition is hled seeking the Court to cleclare the inaction of the 3.d respondent i.c., Sub-Registrar, Quthbullapur^{Mzrndal, Medchal-Malkajgiri District,in} recerving and registering the Sale Deed presented by the petitioner in respect of House No.28 1.69/a/2/1, admeasuring 100.0 Sq.yards, located in Sy.No.151 (Covered under Block N0.28) of Maruthi Nagar, Quthbullapur Village and Mandal, under GHMC Quthbullapur Circle, Medchal-Malkajgiri District, on the ground that the Surwey number where the IIouse is located is notified as prohibited property under Section 22A of the Registration Act vide Gazette Notification No.tr51473O/2O13 datecl 25.O9.2O1'.1 and File No.13/583/2O12, dated 17.O2.2O).2, as illcgal and arbitrary and consequently to direct the said Public Attthority to rccelve and register the said documcnt.

¶153

NVSK, J u/.P. Nos.9645 of2O21 and26353 ot 2023

¶154

¶155

I-earn,:d counsel [or the pelrtioncr states that the Division Bench of this Court, through ordcrs dated O'7.12.2OO5, in W.P.No,14099 of 2003 and Batch, has set asiclc the Gazette notification and no further notification was issued as per law. Learned counsel for the pctitioner states that the Registering Allthority has thus no power of rcfusal to receive the document. Learned counsel brought to the notice of this Court thc order of this Court in W.P.No.4236 of 2021 , dated 25.02 .2O2 1 , u,herein this Court observed as lollows:

¶156

"The cleecl of conuegance presenled by the petitioner in respect of house bearing No.28 1741218 tuith a plinth area of 21OO sq. ft., C+2, and Pent House on pLot bearinq No.218, admeasuring 1O5 Sq gards in Sg.No. 151, V [j a y ctn ag a r Col o ny, M aruth i N cr^g ar, Quthb ullapur Vil I ag e, GtlMC Circle, Medchal Malkojgiri Dlstrict was refused for registration by refering to File NI.DS/ 4730/ 201.j/ Quthbullapur/^{Nizampe|dated} 25.O9.2O 13, File No.S/583/2O12 dated 17.O2.2012 of tlrc TahsiLdar, Q^{u thrLbullap ur M and al, G cz e tte no Ltfic alio n N o. 13 4, dcte d} 1O.O3.2O05 and G.O.Ms.No.292 dated 09.03.2005.

¶157

Accordinq Lo learned counsel for the petitioner, thc qazette notification rras set aside bg the Diu[siort Bench of this Court in^judgment, dated 07.12.2005, in W.P.No. 14O99 of 2OO3 and batch. Though after this juclgment, Section 22-A of the Registration Act, 1908 (for shorl,^'the Act') uas antended,^no further notification was es-suecl as required bg the Act. Howeuer, on 25.09.2013, tlLe Dstrict Collector issued prelimtnary notification^caLLing for^{objections. Tltts notificttlionuas} found^{to be defectitte} bA tlLls Court in W. P.No.19069^{oJ' 2O 14, dated25.O8.2014.} 'fhe te,tter dated 08.O9.2Ol 1 ua-s i.ssued by the Tahsildar noLiJ ylttg the particular properta as Gouernmcnt^landanrl rcriuesting lhe Suh .Registrar not to^register tny^{cleed of} conueaance.

¶158

NVSK, J w P. Nos.9645 0t202r and 26353 0f2023

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1,4

¶160

[[tuttnq r.rut4 to clccLctration qtuclt bA the FulL F)r:.rtt:h of th.is Courl in Vtnj r.t rrt tt ri l?crjcLgctpnLo Chary u. Statc of Andhra Pradesh [2016(l) AL1' 550 (FB)], the or.ttlnritg competent to notifg is the District Collector.

¶161

ThLs clearlg shows there wos no application of mincL bg the rcuenue authorities artd by the Sub Registrar [n reje,cting tLrc document for reqistration. On fhis issue seLteral writ petitions are fi\ed. Though, they are gtaing, so Jar Gouernmertt has not applied its rnind- and measures are put in place to streamLine regtstratton process affecting ciL[z.ens.

¶162

Subject kt further considcration of the Lssue after tLre^judqment of tlrc Hon'ble Supreme Court in Ciuil Appeal No.1223 of 2O l8 & Bath, the prouisions of Section 22-A of tlrc Registration Act and the orders issued bg thts Court in uarioLts turit petitions, bg uaA of interim order, the respondent registration authoritA is directed to receiue and process the deed of conueyance, Luithout reference to LlTe letter dated 17.O2.2012 and the Gazette Nottfication rlctted 25.O9.2013 subject to compliance of^prouisiorus of tlrc: Indian Reg[stration Act, 1908 and Indlan Stamp Act 1899 and to ctscertein the status of land, as^reJlected. in the reuenue records. If the cleed of conueAance complies utilh a\l the requirements and tlrcre is no embargo in acccpting the docttment for registration, the Registering At.LthoritA shctll register and release the document. ITou)euer, ang such action shall abide the resu|t of the writ petLtion. Furthe r petitioner is directed not to resort^to further^{conueAanccof the subjectpropertgwithout leaue of} this Court."

¶163

Learned Assistant GorrernrnenL Pleader did not^{bring to} thc notice of this Court anything to^{hold that the present} WriL Petition stancls on a different^footing as^that of^the Writ t)etition that is referred supra.

¶164

NVSK, J W.P. Nos.964s or202l and 263sJ ol2023

¶165

¶166

'l'herefcrre, pcrrcling consicleration of thc mattcr, which u,olrld be taken altcr thc judgmcnt of thc Hon'b1e Supreme Court in Civil Appc-al No.4223 of 2018 and Batch, this Court is of the view that an interim order can be issued directing the Registering Authority to receive and proceed with the registration in case the deecl presented is in accordance with the provisions of thc Rcgistration Act, 19O8 and Indian Stamp Act, 189!1.

¶167

llesultantly, the Sub-Registrar, Quthbullapur Mandal Medchal Malkajgiri District, rs directed to rcceive and register tl.re Sale Deed that woulcl be presetrted by the petitioner in respect of the stLbject property i.e., in respect of House No.2a 16914/2/1, admcasuring 100.0 Sq.yards, located in Sy.No.l51 (Covered undcr Block No.28) of Maruthi Nagar, Quthbullapur^{VillagearndMandal, under GHMC} Quthbullapur Circle, Medchal-Malkajgiri District, without reference to the lcttcr d.rted 17.O2.2O12 and the Gazette Notification dated 25.O9.2O13, howcver on compliance o[ the^provisions of the Registr:rtion Act, 1908 :rnd It.rdian Stamp Act,^1899. The Registration be carried out aftcr ascertaining^{the status of} land as reflecterl in the revenue records. The^partiesare prohibitcd from proceeding with further conveyance^{of the} propcrty except on obtaining rcquired^{permission from thls} Court. Further, the registration shall^{be subject to the final} result ol the writ petilion.

¶168

Registry to nake an endorsement on the^{Writ petition} to the elfect that the same^shall not^{be permittedto be} rvithdrawn.

¶169

List on 1 1. 10.2O23."

¶170

ANALYSIS:

¶171

In thc .ases on^{hanrl, what rn':rs issucdby thc DistrictCollectorwas} only a Notification in R.R.^{No.83 dated25.o9.2073 calling for objections and}

¶172

NVSK, J w.P. Nos 964s oa2o2r and 263s3 6t 2O23

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¶174

suggestion on the proposal from ail persolrs, rvho are Iikety to be affected thereby for bcing taken into consideration by thc Government and so far the District Collector has not exercised the power vested under Section 22-A of the Act. The issue of inclusion of properties in the prohibited 1ist, not accepting the documents for registration and the scope of Section 22-A of the Act were elaborately considered by the Full Bench of this Court in Vinjamuri Raiagopala Chary. It is signihcant to note here that the decision of the Full Bench of this Cou rt was carried to the Hon'ble Supreme Court in Civil Appeal No.4223 of 2018 and batch. The Hon'ble Supreme Court granted liberty to the petitioners therein and any other aggrieved person to challenge the validity of Seclion 22 A of ttre Act and directed the High Court to decrde the said validity. The f-Ion'ble Supreme Court has also^granted interim direction of registration of deeds of conveyance, but such registration rvas directed to be treated as^provisional subject to the^result of the wrrt petitions now pending belore thc^High Court^{and the partiesshould} not claim any additronal cquity- Eventually, the^{Hon'ble Supreme Court} held as under:

¶175

"7. We note that In erll these appeals, registration has becr permitted making it subJect^{to the resultof theappeais} with a further condition that no further^{registration shalltake} place without permission frotn the Court. It is ordered that the registration already permrtted by this^{Court shallbe} trealed as a provisional registralion^{subjectto the result of the} '"vrit^{pelitions neq,percling beforcthc High Court.We make it} clcar tl-rat merely bccause rcgistrertion^{has been permitted,the} partics shall not cltrim any aclditional equity.^{We further} rnakt: iL clear thai rvitlLoul^{cKIJlcsspr:t rrlissrorrfrorrr [1re High} Court, there sh:rll be no^{liLrthcrtrausfcr.In orderto avoid}

¶176

NVSK. J w P Nos.9645 or2021 ard 263s3 .r2023

¶177

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furtl.rer drffic ulty to the similar ly situaLcd people, we make it cleal th:rt it will be opcn to thern Lo appr oach the Fligh Court and seek appropriatc ancl similar interim orders regarding transfers during the pendency of thc wrrt pctitions-

¶179

The iearned senior cottnscl has pointed out that same mechanism fol r-edresstrl undcr Scction 22 A (1) (e) may be rnacle applicable as far as tl-re grievance in respect of Section 22A (1) (a) to (d) is concernecl. [t is pointed out that even in respect of the orders which have othenvise become final, they would be relegatcd to the same authority and will be subject to further revisiolr / appeal etc. This is also a matter to be considered by the High Court rvhen the writ petitions are finally heard. Thcrefore, we permit the par-ties to raise this contention also belole the Bench concerned while considering thc vires of the SccLion, in orclcr to reach a workable solution. The Court may coDsicler the Lssue on its own merit and the impugncd order sl-r:rll not st.rnd in that way.

¶180

We further rnake it clear that wc havc not otherwise consiclered the matter on merrts.

¶181

In view of tl-re abovc,^{tl-re appearls} are disposed of."

¶182

Thereafter, the Division Bench of^{this Courtin W.P. No.283OO of 2OO7} and batch I'rad dealt with the validity of^Section 22-A^{of the Actas} incorporated in the Registration Act,^{19OB and the Amended Act, 19 of 2OOZ} with effect lrorn 20.06.2O07, which^was under challenge^{The Division} Bench of this Court vide its^{comlnon judgment dated 19.10.2023 had} upheld the validity of the Scction^{22 A ot tl-re Act-}

¶183

For the facility of^{rt-'['erence, Scction22 A o[ the Act is extracted} hereunder.

¶184

NvsK, J rv.P. Nos.9645 ot 2o2r and 26353 ot 2O23

¶185

"22-4. Prchibition of Registr.ition of certain documelts:--

¶186

(1) The follorving classes ol documents shall be prohibited from registration, namcly:--

¶187

(a) documcnts relating to transfer of immovable propcrty, the alienation or lransler of which is prohibited under any statute ol the State or Central Government;

¶188

(b) documents rclating to transfer of propcrty by way of sale, agreement of sale, gift, excl'range or lease in respect of immovable property owncd by the State or Central Government, exccuted by persons other than those statutorily empowered to do so,

¶189

(c) documents relating to transl'er of pr6perty by way of salc, ergreement o[ sale, gift, cxctr:ruge or^leerse e,xcccding^(ten) 10 year-s in respecl of irnmovable property, owned by^Religious and Charitable Endowments lalLing under the^purvierv of^the Andhra Pradesh Charitable ancl Flindu Religious Institutions and Errdowments Act, 1987 or by^{Wakfs falling under the} Wal<fs Act, 1995 executerl by persons other than^those statutorily empowercd to clo^soi

¶190

(d) Agricultr-rral or urbatr lands dcclared as surplus undcr the Andhra Pradesh Land^{Reforrns (Ceiling on} Agriculturat Holdings) Act, 1973 or the Urban^Land(Ceiling zrr-rd Rcgulationl Acr, 1976;

¶191

(e) Any docurnents or class o[ documents pertaining to thc properties the State Govcrnrnent^may, by^{nofifir:ation} pr ohibit the registration in whicl.t avowed or^{accrued interests} of Central and State Governnrents,^{Local Bodies, trducational,} Cultlrral, Religious ar-td Char iL:rblc^{lnstitutions,those attached} by Civil, Criminal, Revcnue Coltrts^{and Direct and [ndirect} Tax La',vs and others rvhich trrc likely^{to adversely aflcct these}

¶192

nvsK, J w_P Nos.9645 0r202r and 263SJ of2023

¶193

¶194

(2) Fo. thc plrrposc o[ Clatrse (c) ol'srrb-section (l), tht: Stalc Ciovcrnment shzrll prrl)lish a notiiic:zttiott erflter obtaining rcasolrs for and full^(lescription of properties lLrnishecl by thc Distr-ict Collectors concerncd in thc lrl:lnner as mav^be pres<'rrbed.

¶195

(3) Notwithstandrng aDything containecl in this Act, the registcring ofhcer shall rcfuse to regisler any^documcntto u'hiclr a notification issuecl under Clause^(e) of sub section^(l).

¶196

(a) The State Government cither suo molu or or1 an applir:ation by any person or for giving eflect to the^{final ordcrs} of tll(: IIigh Court of Attdhra I'raclcsh^ot- Suprene^{Court of} Inclia rray proceerl to denotify, either irl full or^{rn part, the} notification issucd undcr sub section^(2)."

¶197

The Divisiorr Bench of tl.ris Court^{in the allovebatch of W.P No.283O0} of 2OO7 vicle its common^{juclgmentclated 19.1O.2023 at para No.25held as} under

¶198

"25. Thus, from a perusal o[ the stzrtenlent of Objects and Reirstrrs, it is evident that Section^{22A o[ llne Act hasbecn} incorporated to elnpowcr the^{Govcrnmcntlonotifythe} registration of such documents or^{class of docntlentsas} opposecl to public policy and to^{rejcct thcir registration. Thc} Act has been amendecl to ovcrcome^{thc deficicncypointed out} by a Division Bench of this Court^{ancl the SupremeCourt in} Basant Nahata^{(supra)and to avoid illcgaltransactions of} trarrsfcr of property relating^{to Goverrlment, religiousand} charilallle institLrtions.^{The olrject oI t]re provisionis to} protcct the vacant lands as^{r'vellas thc propertiesin rvhich} Strrtc^(iovernmenL llats^{either ar''ou'erl oraccrueclitlterest,} Jrropt'rlics^{bclongilrgto local lloclics as u'cl1 as teligiorrsand} clrrrit;rhle inslittrlirrrrs^{itnrl waklsWith r.:lpidtncrerseof} poptrlalii;n antl incltl^sl rializatio^{n, ihe pi'Ji:e s of lanel avai]ablc} lor rrgr iculture trttcl^{hutnaninh:r1;ititttot-tIlavc skyror:ketcd-}

¶199

NVSK, J wP Nos.9645 ol202l and 26J5:l of 2023

¶200

¶201

Thc land mafi.r .rnrl unscrupulous elernents arc grabbing Lhe land and encroachjllg the public and priv:rtc properties and al'e also executirrB the registered doclrflrcnts alfccting immovable properties of third parties. The aforesaid activity of grabbing vacant lands is a social evil which is sought to be rernediecl by enacting Section 22A of the Act."

¶202

Tlre Division Bench of this Court in its judgment dated 19.10.2023 also referred Lhe Full Bench paragrapl'rs 1 55 and 156 at para 3O, which reads as under

¶203

"3O. 'lhereafter, the Full Bcnch of this Court in Vinjamuri Rajagopala Chary ir-r paragraphs 1 55 and 156 of its dccision held as follows:

¶204

"155. Fr-Lrther, as noticed earlier the S[ate Governrnent is empowered eithcr suo motu or on applic:rLion to consider the grievances against inclusion of any property in the prohibitory list uncler Section 22-A of Registratlon Act and is also empowered to de-notily either in full or ir.r part the notilication issuecl under sr-rb section (2). In our opinion, thc redressal rncchanrsm is trvailable only with respect to notifications pubListred relating to the properties lalling under clause (e) of Section 22-A. Hcnce, any grievancc of the parties with refcrcnce to the propcrties covered by clauses (a) to (d)^rvitl havc to be questioned by the aggrieved parties only by appropriate proceedings before a compctent Court and the adjudication by such Court would be final. Further, so far^as notifed properties falling under cl:ruse (e) are concerned, the redressal mechanism under subsection⁽⁴⁾ of Section 22-A rvoulcl bc able to cffcctively address the grievancc provided the rnec[ranism thereuncler is eflectivc, expeditrous, fair,^and judir:iotrs. Thus, u-r ordcr to rnal<c an eflective rcdressal r-ncchanisrrr, rve dcem rI appropriate to alirect^{the respective} Governments o[ both the States^Lo conslitlrtc a^Co[rmitteeor

¶205

NVSK, J w P Nor 9645 ot2o2l and 26353 of2023

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¶207

estal)lish a^liorunr \'rthin tirnc frarne, nray be r:orrrprising of Pruri'ipal Secretin-v ril- Rcvcrtue, Direclor of Sun ey and I-ancl Recor cls and a retrr-t'cl Jr.rdici:rl Ollicer of the rank ol a District .Judge which shall mcet periodrc:rlly to consider the gricvances of the persons aflectcd by the notilications. The Committce sl-rtrll bc emporvcrcd to examine relevant records and then pass i1 reasonerl orrlcr crther acccpting or rejccting the gricvance by cithcr confirming/ deleting/ modifying any such propertv from the notified list ofproperties. In ortr view, suctr orclcrs passed by thc Conrmittec shall be binding on thc State as u,ell as on the erggricved person and in the event o[ any of the[r treing aggricvecl th.]reby, thcy shall have to eLpproacl-r a cornpetent Court of Law for redressal oI their^grievancc.

¶208

We, thrts, stunmarizc our couclusious attd issue d rret'Lions as follo"vs^:

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(i) Thc authoritics rncr.ttioned in the guidclines, u'hich are obligecl to prepare lists of properties covered^by clauses^{(a) to} (d), to be sent to thc registering authorities undcr the provisions of Rcgistration Act, shall clcarly tnclicate^the rclevarrt clause uncler which each^{property is classrfled.}

¶210

(ii) lnsolar as clausc (a) is concerned, the concerned^District Collectors shall :rlso indicate the^{statute under which a} tr:rnsi,rction and its registration is^{prohibited Furtherin} respecr oI the prol)crties covered under^clause {b),^{they shall} clearly indicate^wh ich of the Governments^{own the proPerty.}

¶211

(iii) Insolar as par agraphs (3)^{:rnd (4) inthe Guidelines,} covering propcrties unc{er clausc^{(c) and(d) are concerncd, thc} alrthorities contentplatcd thercin^{shall alsoforwarcltothe} registcring authoritics, alortg^{r'vitl.r lists, the cxtr:rcts of} rcgister s / gazc tte if the^{propcrtyiscovcred llyeilher} cndo*rrnent or^rvetl<1, antt^{clecl:rrations} /^{orders madc ttndcrthe} provisions of Ceilrng Acts il the^{propertyis covcred rrtrder} clausc (d)

¶212

NVSK. J w.P. Nos.9645 of20?r and 263s3 or2023

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¶214

(ir,)^'l'Lrc authorities fonvarding tllc lists ol properties / lands tcr the registering authoritv shall also upload the same to the website of both the Governrnents, namely igrs.ap.gov.in of the State of Andhra Pradesh and rcgistration. telangana. gov.in of the State of Telangana- If thcre is any change in the website, the State Governments shall indicate the same to all concerned, may be by issuing a press note or an adveltisement in prominent daily news papers.

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

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(vi)^'t'hc properties covered under clausc (c) of Section 22-A sl.rall bc r-rotifierl in the official gazette of the Statc Goverrrfirents ancl shall be forwardcd, along^with the^{list of} propertics, and a copy of the rclcvant notification/ gazetle, to thc concerned rcgistenng authorities uncler the^provisions of said Registration Act and shall also place the notification/ gazette on the aforementioned websites of^botl'r the State Governr]'lents. The flegistering authorities^shall make avzrilable a copy o[ the Notification/ Gazette on^an applcation made by an aggrieved^party.

¶217

(vii) The registering authorities wotrlc[ be^justified in refusing registration of documents in respect ol the^{propertiescovered} by clauses^(a) to^(ct) of sllbscction^{(1) of Section22-A provided} the authorities contemplatcd under the^{guidelines, as} aforementioned, have cotnrrrunicated the^{lists of properties} prohibited under these clauses.

¶218

(viii) The concerned authorities, rvhich are obliged^{to furnish} the lists of properties covered by clauses^(a) to^{(d) of sub} section⁽ 1) of Se ctior-r 22 A,^{,:r-rcl the concerncd Registering} Officels shall follou, thc guiclelincs st:rupulously

¶219

NVSK, J d 263sJ of2o?:l

¶220

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(ix) It is op(n to the p:rrties to a doculrrent, if the relevant property/land finds placc in the iist ol propertics covcrcd by clauses (a) to (d) o[ sub scctiol (l) of Section 22 A, to apply for its dcletion from the list or modification thcrcof, to the concerned authorities as providecl for in the guidelines. The conccrned authorities are obliged to considcr the request in proper perspective anc[ pass appropriatc ordcr rvithin six wccks from the date of receipt of thc application and make its copy ar,,ailable to the croncerncd party.

¶222

(x) Thc rcdressal mechanism under Scction 22-4(4) shall be before the Committces to be constituted by respective State Governments as directed in paragraph 35-l abovc. The State Governments shall constitute sltch committees within eight weeks lrom the date of pronouncernent of this^judgment.

¶223

(xi) Apart from the redressal mechanism, it is also open to an aggrieved person to appr-oach appropriate forum including Civil Court for either seeking appropriate declaration or deletion of his property/land from the list of^prohibited propertres or for any other appropriate relief.

¶224

(xii)^'lhe directions issued by learned single Judges in six judgments (W.l'].No.2775 ol 2OO9, dated 15.03.2011; W.P.Nos.2OO50 of 2O11 and batch, dated 08.O9.2011; W.P.No.26566 of 2011, datcd 18.O1.2013; W.P.No.30526^of 2Ol2 ard batch, cltrted 31.12.2OI2; W.P.No.31409^{of 2014,} dated 29.01.201.5 and W-P.No.24587 of 2Ol4^{ernd batch} O1.06.2015) or .rny other^{juclgmcnts dealing withthe} provisions of Sectron 22-A, rf are inconsistent with the observations made or directions issued^{in this judgment, it is} macle clear that thc observations made atld directions^issued in this^judgment shall prevail and^{would be binding on the} parties including the registcring authorities under^the RegisLra[ion Act or^{(iovernmentollicials or the oI]icials under} the Endowments^{Ac1. WakfAct ancl Cciling Acts-}

¶225

NVSK. J

¶226

¶227

(xiii) If thi party conccrnccl seeks extracts of the lisl/rr:gistcr/gazcllt: of propt'11ics coverecl by clauses (a) to (e) of Scction 22 A (ll, reccived bv thc rcgistcr-rng olficer on the basis of which he refused registration, it shall bc hrrnished within 10 days from the datc of an application made by the aggrieved party.

¶228

(xiv) Registering officer shall not act and rcfusc registration of :r document in respect of any propertl, furnished to hrm rlirectly by any au thority/ oflicer other than the ofhccrs / authorities rnentioned in the^{(iuiclelines.}

¶229

(xv) Mere registration of a docurnent shall not confer title on the vendee/alienee, if the propertv is otherwise covered by clauscs (a) to (e), but did not find 1;[ace in the lisLs furnished by the concemed authorities to the registering officers. L.t such cases, the only remedy available to the authorities under clauses (a) to (e) of sub-secLion (1) ol Scction 22 A is to approach appropriate forurns lot appropriate relief."

¶230

From a perusal of thc Notillcation^jn R-R.^{No.83, dated} 25.O9.2O13, the subject lands were nolified under Secl ion 22-A (1)(a) lor the^purpose of Section 22-A(l). It is only a notice^{given rnviting objections and suggestions} on the above proposal fro4r at1 persons who are 1ike1y to be^{alfected thereby} for being taken into considcration by thc Government.^{The details of the} properties mentioned in the annexure states that the subject lands are Government lands.

¶231

Section 22 A (1) (c) of the Act^{m:Lrrif-eststlrat any documents or class} of documents pertaining to the^properties, the^{State Governmentmay,} by noi i#ca iion prohibit ihc rrgisii-alion^{in uhich avo"t-cl or aici'u.-d inieresis}

¶232

¶233

w P. Nos.964s ol202r and 263s3 0f2l}2f,

¶234

¶235

of Central and Stat,r Govcrnments, Local Boclies, Dducational, Cultural, Religious and Charitable lnstitutions, those :rttachcd by Civil, Criminal, Revenue Courts and Direct and lndirect^'['ax l-aws and others whlch are 1ike1y to adversely affect these interest

¶236

Section 22-A (21 reads as under:

¶237

"(21 For the purpose of Clause {e) of sr-rb section (1), the State Governmcnt shall publish a notification aftcr obtaining reasons for and full description of propertics furnished by the District Collectors concerned in the manner as may be prescribed."

¶238

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

¶239

(Supra) paras 156 had summarized ancl issued directions. As per the Clause (v) no notification is contemplatecl under sub-section (2) of Section 22-A wlth respect to the properties falling under clauses^(a) to^(d) of sub-section⁽ 1) of Section 22-A. As pcr Clause^(vi) , tl-re^properties covered under clause (e) of Section 22-A shall be notiliecl in the official Gazette of the State Governments and sha11 be forwarclecl, along with the list of^properties, and a copy of the relevant notihcation /^C azette, to the concerned^registering authorities under the provisions of Rcgistration^{Act and shall also placethe} said notilrcati on f Gazette on the wcbsites of both tltc State^Governments.

¶240

The subject lands in these^{writ petitions ats per the Notificertionin} R.R.No.83 in F-ile No.ES /a730 /2O 13/Quthbullapur/Quthbullapur,^dated 25.09.2013, which according to the District^{Collector were classified as} Government lands and a Notification^{was issued callingfor} obj ections / suggcstions bcfore^{placingfor prohibitions Section 22-a (1)(e)}

¶241

¶242

w P xos 964s ol202r an

¶243

and (2) stipulates that if any land is classilied and determined as Governmenl land, the Governmcnt shall publish an official Gazette notificzrtion after obtaining reasons for and full description of properties furnished by the District Collector concerned in thc manner as prescribed. In the case on hand, the respondents have not followed the provisions of Section 22-e(l)(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 (vr) 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.O9.2013 communicated by the Joint Collector, R:rnga Reddy vide File No.E5/ a730/2O13lQuthbullapur/Qutl-rbullapur, dated 25.O9.2O13; Deputy Collector and Tahasildhar, Quthbullapur Mandal, File No.B/583/2012, dated 77.O2.2O12 and the Gazette Notification No.134, dated 1O.O3.2005 and G.O.Ms.No.292, Revenue^{(Registration-l),} 9th March 2OO5 communicated by thc Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide File No.Gl /a66112O05, dated O2.O7.2OO5 are not in accordance with the provisions of the Section 22-A^{(1) (e)} and 22 ll)(2) and also as per Clause (vi) of the guidelines issued in the case of^Vinjarnuri Rajagopala Chary (Supra) and the same cannot be^{the basis for denying for} registration of the subject properties.

¶244

Irurther, the Tahsitdar vide File No.B/583/2012, dated^17.O2.2O12 hacl notificd the particular property as the Government^{land and requested} the Sub Registrar not to register any^cleed of^{cotlvcyance. The District}

¶245

NVS}(, J W P. Nos 964s or2o2r 2n

¶246

¶247

Collector on 25.09.11013 had issued prelirnir-rary notilication calling for objections ancl the said notitlcation was found to be defcctivc by this Court in W.P. No l9069 of 2Ol4 dated 25.08.2014.

¶248

2A. It is also pertinent to note that in the counter fi1ed in W.P. No.26353 of 2023 prohibiting transfer/ registration that subsequent to the Notihcation in R.R. No.83 clated 25.O9.2073 the answering respondents have not taken any steps in notifying in the official Gazettc of State Government in tcrms of the guideline No. (vi) issued by the Full Bench in the case of Vinjamuri Rajagopala Chary (Supra)

¶249

As suclr, the Notification in R.R.No.S3 in File No.E5/a73O/2O13/ Quthbullapur/Quthbullapur,^{dated 25.09.2013, is only a notice givenfor} inviting objcctions and suggestions and this cannot be the basis for refusal for registration ol the subject properties. In vicw of the same, Gazette Notilrcation in R.R. No.83, dated 25.09.2073, communicated by the Joint Collector, Ranga Reddy vide File No. E5/ a73Ol 2O 13/ Quthbullapur/ Gajularamararn, dated 25.09.2O13, 2) Deputy Collector & Tahsildar Quthbullapur^{Mandal,FiIe No.B/583/2O12,dated l'7.O2.2O12 and the} Gazette Notific:rtion No.134, dated 1O.O3.2OO5 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(7)(c) and^{Clause (vi) of the guidclinesand} the same cannot be referred for the^purpose of denying^{registr:rtionof the}

¶250

File subject properties. Consequently, reference made^{vide in}

¶251

N o.E5 I 47 30 / 20 1 3 / Quthbullapur/Gajularamaram, and Filc

¶252

NVSK, J W.P. Nos-9545 or2O21and 26353 oa2023

¶253

No.E5 / 47 30 / 20 1 3 / Quthbull:rpur/ Quthbullapur, clated 2 5. 09. 20 1 3 and File No.B/583/2012 dated 77.O2.2072 of thc Tahsildar, Quthbullapur Mandal, are declarcd zrs illegal, arbitrary and bad in 1aw and are hereby set aside.

¶254

Accord^'rgly, W.P. Nos-9645 of 2O2l and 26353 of 2023 are allowed.

¶255

3 1 . This Court on 22.O9 .2023, while clirecting the Registering authority to receive and process the document without reference to the letter dated 17.O2.2012, a r-rcl the Notillcation in R.R. No.83 dated 25.O9.2073, had directed tl-re 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 rvrit petitions^(W.P. Nos.9645 of 2027^{and 26353 of 20231 are} allowed, the condition that rvas imposed to the effect that not to^resortto further convcyance of the subject property is hereby^reca11ed. The Rcgistering Authorities are directed^{to makenecessary changes in the} records.

¶256

It is made clear that^{mere registrationof the document doesnot confer} title on the subjcct property and it^{is also made clear that this orderwould} not have any be:rring on all those^{mattcrs wheretitle/ rights of the parties} are pending before the authorities^{either in revision/ appealsfor adjudication} and in any other case this^{order also does not preclude the partics in} asserting their rights before^{a competentCourt of law There shall beno} order as to cos [s.

¶257

[vsl{, J w.P. Nos.9645 ot202l and 26353 of2023

¶258

¶259

As a seqr-rel, miscelltrneous applications, if any pending, shall stand

¶260

closcd

¶261

JUSTICE N.V. SHRAVAN KUMAR

¶262

Date:22.03.2024

¶263