Disposed

Sri M.v.Ramana, v. The State of Telangana

Telangana HC31 Jan 2025WP/28582/2024

Case brief

AI extract

What is this about?

Petitioners challenged refusal to register a supplemental memorandum of deposit of title deeds over their flat, refused on the basis of prohibited-property lists. Relying on an earlier order setting aside one list and noting the other list was not furnished by the competent authority under Rules 238 and 241, the Court directed registration subject to statutory compliance, clarifying registration d

What did the court decide?

Direction to Respondent No.2 to receive, register and release Pending Doc.No.P.289/2024 within three weeks, subject to petitioners complying with the Registration Act, 1908 and Indian Stamp Act, 1899;

Sri M.v.Ramana, Vs The State of Telangana — Property and Title | Telangana HC (2025)

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[³²⁵⁵ ]

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IN THE HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE THIRTY FIRST^{DAYOF JANUARY} TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{N.V. SHRAVAN KUMAR}

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WRIT PETITION NO: 28582^{OF 2024}

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Between:

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Sri M.V.Ramana, S/o.^{Latelvl.S. R.Anjaneyulu, aged about 60 years,} OCcupation Section^{Officer in Writ DB Seiction, High Court of Telangana,R/o.} ftai No ZOe, Anasuya^{Apartments'StreetNo.8, Himayathnagar, Hyderabad'}

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Smt.Satya Kumari, Wo.^{M.V.Ramana,aged.aUpyt} Qp^{years,^Occupation'} Retired^'as Senior^{Managerin Canara Bank, R/o Flat No'203, Anasuya} Apirtment., Street^No.8, tTimayathnag4r,^Hyderabqd.

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...PETITIONERS

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AND

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1 . The State of Telangana,^{Representedby- its Principa.l.Secretary, Revenue} Department^{(StamIsand R6gistration),Secretariat, Hyderabad'}

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District Registrar Office,^{The Joint Sub-Registrar-11,.(Stampsand} Registratioi), lndustrial^{Area, Prashanth Nagar,Kufiatpally'Ranga Reddy} District.

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The District^{Collector, Ranga ReddyDistrict.}

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The Deputy Collector^{and Tahsildar, SerilingampallyMandal'Ranga Reddy} District.

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...RESPONDENTS

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Petition under Article²²⁶ oI^{the constitutionof lndiaprayingthat in the} circumstances stated^{in the affidavitfiled therewith, the High court may be} pleaseQ to issue an appropriate^{writ, order or Direction more particularly onein} ihe nature of Writ of^{mandamus declaring the actionof the Respondent No.2in} lssuing^{the intimationof Refusal dated06 05.2024in Lr.No.872lRO(OB)1202ain} r"rp"Jt of^{PendingDoc.No.P.2B9l2024viz., Supplemental. Memo.randum of} Oefosit of Titte Dieds^{dated14.03.2024,submitted by the petitionersfor} Lii.tr"tion, duly complying^{the provisions of th-e Registration-A91,-} ]9^0^B^?"9^th" lniian stamp ntt,^{rabsi initudingpayment of chailanNo.300GJH140324dated} 14.03.2024 in^{respect of the Flat No 402 fourth floor, in 'ANUSHA'SPERAL'} apartment constructed^{on Plot Nos.71 (P), 72,73 situatedat Khanamet Village,} Seiitingmapatty^{Mandal, Ranga Reddy District, for declarationof the listsdated} 1O.O6.iO2i and^{29.09.2021furnished by the thirdrespondent, DistrictCollector}

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and the list dated 16.06.2017 furnished by the fourth respondent, Tahsildar in so far as the petitioners property is concerned as illegal, arbitrary, contrary to law, violative of principles of natural justice and petitioner s fundamental rights including the Right to Property guaranteed under Articles 14, 19, 21 and 300-4 of the constitution of lndia and consequently dlrect the second respondent to receive and register the Pending Doc.No. P.2Bgl2024 executed by the petitioners in favour of Canara []ank, as a security to the additional loan availed by them_

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lA NO: 1 OF 2024

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Pgtition under section^'151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased ro direCt the Respondent No.2 tO forthwith receive and register the gupplemental Memorandurh^of Deposit of Title Deeds dated 14.03.2024 execute( by the petitiongrs in favour of the Canara Bank, Kachigudp Brqnch, in respect of th;, flqt [9.40_,2,^{fourthfloor, in 'ANUSHA'S pERAL; apartmentconstructed'oh pfdt ruoi,Zi} (P), 7?, 73 situated at_ Khanamet Viilage, Serilingmapaily Mandat and Municipality, Ranga Reddy District, pending disposal of the abbve'wr:ii petition,

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Counsel for the Petitioners: SRI BOTLA VENKATESWARA RAO

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Counsel for the Respondents: ASST. cP FOR STAMPS & REGTSTRATTON

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Thq Court made the rfollowing: ORDER

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HONOURABLE SRI JUSTICE N.V.SHRAVAN^KUMAR

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WRIT PETITION N0.28582 of 2024

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ORDER:

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This writ petition is filed questioning the^{action of the} respondent No.2 in issuing the intimation^{of Refusal dated} 06.05.2024 in Lr.No.872 IRO^{(OB\12024 in respect of Pending} Doc.No.P.28g 12024 viz., Supplemental^memorandumof Deposit of Title Deeds dated 14.03.2024,^{submitted by the} petitioners for registration, duly complying^{the provisions of} the Registration Act, 1908 and^{the Indian Stamp Act,' 1899} including payment of Challan^{No.300GJH140324dated} 14.03.2024 in respect of^{the Flat No.402,fourth floor, in} 'ANUSHA'S PERAL'apartment^{constructedon Plot Nos.71 (P),} 72, 73 situated at Khanamet^{Village, SerilingampallyMandal,} Ranga Reddy District, for^{declarationof the lists dated} 10.06.202l and 29.09.2021^{furnishedby thethird} respondent, District Collector^{and the list datedL6} '06^'2017 furnished by the fourth^{respondent,Thahsildar in so far as the} petitioners property is concerned^{as illegal, arbitrary,contrary} to law, violative of^{principlesof natural justiceand petitioner's} fundamenta-l rights including^{the Right to Property guaranteed} under Articles 14, Ig,2l^{and 3OO-A of the Constitution of} India and seeking a^{directionto 2'd respondentto receiveand}

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register the Pending document No.P.289 /2024 executed by the t petitioners irr favour of Canara Bank, as a securit5z to the additional 1oa.n availed by them.

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The brief facts of the case are that the petitioners claim that they are absolute owners and possessors of the subject property purr:hased earlier vide registered sa-le deed dated 09.O2.2O15 bearing document No.780 of 2015. It is srrbmitted that original owner by name M.S.R.K.M.Sai Babu possessed the plot beari.ng Nos.7lP and 73p admeasuring 300 square yards in Sy.No.4l/8 and 4I/9 situated at Khanamet Village under GHMC Serilingampally Circle, Serilingampally Mandal, Ranga Reddy District under a Sale deed dated 11.11.1993 registered document No.1O1O6/1993. Thereafter, he applied for layout regulaizatton from the GHMC, Hyderabad and proceedings to that affect was issued vide proceedings No.LRS/2251/CR-12/WESTZONE/GHMC/2OOB, dated 3I.72.2OO8. Similarly, one Smt.N. Lakshmi claims to be absolute owner and possessor of plot bearing Nos.71p and 73p admeasuring llo0 square yards in Sy.No.41/g anrl 47/9 situated at Khanamet Village under GHMC Seritingzrmpally Circle, Serilingampally Mandal, Ranga Reddy District trnder a

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Sate deed dated 11.11.1993^{registereddocument} No.10108/1993. Thereafter, she applied for layout regolarization from the GHMC, Hyderabad^{ald proceedings to} that a-ffect was issued vide^{ProceedingsNo.LRSl22s3lCR'} L2|WES'TZONE/GHMC/2008 dated^{31.12.2OO8- Similarlv,} one Sri Kalyalam Srinivasa^{Rao claimsto be absolute owner} ald possessor of plot bearing^{No.73P admeasuring 299 square} yards in Sy.No.4l/8 and 4l/9 situated^{at KhanametVillage} under GHMC Serilingampally^{Circle, SerilingampallyI\tlandal,} Ranga Reddy District under a^{Sale deed dated 11.11'1993} registered document No.10109/1993.^{Thereafter, he applied} for layout regularization from^{the GHMC, Hyderabad and} proceedings to that affect^{was issued vide Proceedings} No.LRS/2249 /CR-r2 /WESTZONE/GHMC/2008^dated 31.72.2008. The^{petitionershave pirrchasedthe said plots} from ANUSHA'S PEARL^{from out of the builders share in the} said property by availing^{housing loan from Syndicate Bank} under letter of^. sanction^{dated 17 -O2.2O14and created} equitable mortgage in^{respect ofthe said property by} depositing the Original^{of Sale Deed as security and by} executing Deposit of Title^{Deeds dated O3.03'2O15which was} registered as document^{No.129L/2015 on the file of Sub-}

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Registrar^{Office, Serilingampally,} Hyderabad. Now the petitioner has availed additional tiousing loan of Rs. 1 2.79 lakhs from^{C,anara Bank, Kachiguda} branch for the purpose of additional^{works/repairs/renovation} and same was sanctioned^{vide letter} dated 04.08.2023 and have executed supplemental.^{memorandum of deposit} of title deeds in respect of very same^{property which} was already under equitable mortgage with the said bank as a securit5r for the enhanced f^additional loan. Thereafter, the petitioner approached^{t.6e 2"d} respondent and submitted the d.ocument which was assigned as pending document No.P289 /2024 dated 06.05.2024.^Thereafter, the respondent No.2 hers issued refusa-l order^<lated 06.05.2024 with the following reasons:

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'As per the list furnished by District Collector Rarrga Reddy^{Vi<le Lr.No.E5/2825/2021} Dated 10.06.2021 Dar.ed 29.09.2021 ,^{the land} in Survey No-41/8 and 4t/9 situated at Kanamet^{!'illageis declared} as Government Land under Section 22-A^{(l)(:b) ofRegistration} Act, 1908 and as prohibited tor registratiorr.

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As per the list of properties sent by the Deputy Collector and^{Thahsildar,the property} in Survey No.41/8 aod 4t/9 in Khanarnet^.Village, Seritingampally Mandat, RR District is categorized.^{as assigned} land under sec 5 (2) of Thc Telangana Assigned^{Lands (Prohibition;} of Tralsfers) Act lg77 vide Letler No.B I^{17 5l} ,l20^{17 dated} l6.O6.2otz".

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The Joint Sub-Registrar-Il, R.O.R.R.District^{who is} respondent No.2 has filed counter stating that^the Supplemental Memorandum of Deposit^{of Title Deeds was} admitted and kept pending as^{pending document bearing} No.P.289/2O24 and had only extracted^{the reasonsstated in} the refusal order in the counter^{and submitsthat} ;by^{virtue of} l,etter No.ESl2825l2O2l dated^{29.O9.2021andvide} Lr.No.B/175112017 dated 16.06.2017^{the said properties} were included in the prohibited^{list under Section 22-A',of the} Registration Act, 1908. However,^{in some of the plots in the} said list a reference was taken^{to Sy.Nos.4l} /8^{and 4l/9} situated at Khanamet^{Village.As far as the propertyof the} petitioners is concerned to the extent of^{properties mentioned} in the prohibited list reference^{was taken asFile} No.E5l4733l2013/SERILINGAMPALLY^{dated 26.O9.2Ot3in} the letter and remarks column.^{There is no reference to the} letter No.ES/ 2825 /^{2021 dated 29.O9.2021.}

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Learned counsel for the^{petitioner submits that this} Court vide order dated 19.07.2024^{in W.P-No. 16109 of 2O24} has set-aside the letter^No.E5/2825 l2O2l^{dated 29'O9'2021}

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as such the first objection taken by the 2"d respondent 1n refusing to register the subject docuinent is over ruled.

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CominSJ to the 2'a objection i.e., list of property which have been categorized AS assigned land vide letter Lr.No.B/1751 /2017 dated 16.O6.2017. Learned counsel for the petitioner draws attention of this Court to Rule 238 ald 247 under Chapter XXXIII of Section 22-A and lbr better understanding the same is extracted here:

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"2i18. District Collectors shall furnish lists of immo-,abie properties falling under clauses (a) and (b) of sub-section {l) of section 22 A including aly subsequent additions. deletions or modificaticns to the District Registrar concerned and to the Inspector-General of Registration under proper acknowledgernent in Form I and II respectively of Appendix XI. The lists sha[ be signed by the District Collectors. Lists signed by any other oIficer shall not tre considered.

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The District Collector shall furnish the list of propertics to be notified or to be de-notifred under section 22-i\ (l) (e) or section 22 (Al l4l, as the case may be, to the princ:ipal Secretary to Government, Revenue (Registration) Department, Telangana State for publication in the Gazette in. Form I/ of Appendlx )(I".

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Learned counsel for the petitioner submits that in terms of Rule 238 and 247 of Chapter XXXII Section 22-A, the District Collectors shall furnish lists of immovable pr:operties falling under clauses (a) and (b) of sub-section (1) of section 22-A including any subsequent additions, deletions or

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modifications to the District Registrar concerned ald^{to the} Inspector-General of Registration under^proper acknowledgement in Form I and II respectively^{and the lists} shall be signed by the District Collectors.^{He further submits} that the District Collector shall furnish the list^{of properties to} be notified or to be de-notified under section^{22-A (11 (el or} section 22 lA) (4), as the case may be, to^{the Principal} Secretary to Government, Revenue^{(Registration) Department,} Telangana State for publication in the^{Gazette in Form IV of} Appendix XI.

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7 . l,earned counsel for the petitioner submits^{that the} petitioner presented document for registration^{beforethe 2'd} respondent duly paylng the required^{stamp duty and} registration fee payable on the said^{documentand2"d} respondent having registered all^{the documentsright from the} year 1993 including the earlier document^{dated 03.03.2015 in} the year 2015 registered^as document^{No.l29l/2O15,refused} to even receive the said document^{for registrationwithout any} reason by saying that unless^{and until they get a Courtorder,} document cannot be registered.^{The action of the 2"d} respondent in refusing even to^{receive and registerthe}

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document vr'as challenged before Honble Court by frling W.P.No. 12874 of 2024 and the sarfie was disposed of by an order dated O3.O5.2O24. The operative portion of the said order is extracted as under for better understanding of the case:

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"R-ecording the above submission made by learned counsel on either side and without expressing any opinron on the merits; of the case, this writ petition is drsposed of directing the Registering Authority to receive, register and release the subject documents, subject to the petitioners complyin6l with the provisions of the Indian Registration Act, 1908 and lndian Stamps 3.ct, 1899, as expeditiously as possible, preferably within a preriod of three (03) weeks from the date of receipt of copy of this order. It is also open to the Registering Authority to refuse^ito register the documents, by specifrcally assign the reasons in terms of Section 71 of the Act, 190g and communicate the said decision to the petitioners.

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Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs."

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Learned Assistant Government pleader submits that to the extent of Orders passed in W.p.No. 12874 of 20,.24 d,ated O3.O5.2O24 and W.P.No. 16109 of 2024 dated 19.117.2024, does not dispute the same.

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Heard bolh sides.

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In view of the^{above, in terms of the orders passedin} a) W.P,No.16109 of 2024 dated 19.07.2024, wherein letter No.E5/2825 /2021 dated 29.O9.2O2I is already set-aside by this Court and b) W.P.No.72874 of 2024 dated O3.O5.2O24 and taking into account the Rule position i.e., Rule 238 and 241 of Chapter XXXII read with Section 22-A of Indian Registration Act, 1908, wherein the District Collector who is competent to furnish the list of properties to be notified and in the absence of such notification under the provisions of Section 22'(ll^(el, this writ petition is allowed directing the Registering Authority/Respondent No.2 to receive, register and release the subject document, subject to the petitioners complying with ; I \ the provisions of the Indian Registration Act, 1908 and Indian Stamp Act, 1899, as expeditiously AS possible, preferably within a period of (O3) three weeks from the date of receipt of this order. It is also open to the Registering Authorit5r to^refuse to register the subject documents, by specifically assign^the reasons in terms of Section 7 1 of the Act, 1908^and communicate the said decision to the petitioners

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It is made clear that mere registration of the^document does not confer tifle on the subject^propertyand it^{is also}

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made ciear that this order would not have any bearing on a1l those matters where title/rights vof the parties zrre pending before the authorities either in revision/appeals for adjudicatron and in any other case this order also does not preclude the parties in asserting their rights before a competent rlourt of law.

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