Sri. Singa Reddy Prathapa Reddy v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.3431 of 2019 ORDER:

The grievance of the petitioners is that respondent Nos.4 and 5 are refusing to register the documents presented by them in relation to Plot No.46 in Survey No.5/3 of Raidurg Panmaktha Village, Serilingampally Mandal, Ranga Reddy District, on the strength of the Notification dated 26.09.2013 issued by the District Collector, Ranga Reddy District.

Ms. N.Niyatha, learned counsel for the petitioners, would inform this Court that the aforesaid Notification dated 26.09.2013 was considered by the common High Court for the States of Telangana and Andhra Pradesh earlier in Writ Petition No.19069 of 2014 and the common High Court directed entertainment of the document for registration in that case without reference to the said Notification. He would also point out that similar were the observations of another learned single Judge of the common High Court for the States of Telangana and Andhra Pradesh in Writ Petition No.38491 of 2018.

Perusal of the Notification dated 26.09.2013 would demonstrate that the District Collector, Ranga Reddy District, purported to issue the said Notification notifying lands under Section 22-A(1)(a) of the Registration Act, 1908 (for brevity, 'the Act of 1908') and invited objections and suggestions from the affected people.

Dt:20.02.2019 SK, J WP.No.3431 of 2019 Section 22-A(1)(a) of the Act of 1908 prohibits registration of documents relating to transfer of immovable property, alienation or transfer of which is prohibited under any statute of the State or the Central Government. Significantly, no procedure is prescribed to the effect that a prohibitory list in relation to the lands which would be covered by Section-22-A(1)(a) of the Act of 1908 should be prepared only after calling for objections. The procedure underlying the Notification dated 26.9.2013 was therefore not sourced in any law and the orders aforestated directing the registration authorities to ignore the same cannot be said to be without basis. In that view of the matter, the Writ Petition is disposed of directing respondent Nos.

4 and 5 to receive and process the documents presented by the petitioners without reference to the Notification dated 26.09.2013 issued by the District Collector, Ranga Reddy District. In the event the said documents are found to be fit for registration, respondent Nos.4 and 5 shall complete the due formalities in accordance with law and release the documents. However, if he still finds any ground to exercise power under Section-76 of the Act of 1908 and refuse registration, he shall pass a reasoned order and communicate the same to the petitioners. This exercise shall be completed expeditiously and in any event, not later than one month from the date of receipt of a copy of this order.

Dt:20.02.2019 SK, J WP.No.3431 of 2019 appropriate steps as warranted by law, if it seeks to assert any right or title over the said land.

Miscellaneous Petitions pending in this Writ Petition shall stand closed in the light of this final order. No order as to costs. ______________________ JUSTICE SANJAY KUMAR 20th February, 2019 DR