M.Ravi v. State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 16742 OF 2021 Between:
M.Ravi, S/o.late Sheshaiah, aged about 52 years, Occ.Business, Rl/o.H.No.4-3175iA, lndira Nagar, Dornakal, Warangal Dislrict, rep. by his regd. AGPA Holder Pilli Swathi D/o.Sri Pilli Balaram aged about 30 'years, - Occ.Household, R/o.H.No.10-22, Palmakula Village, Shamshabad lr/andal, Ranga Reddy District. ...PETITIONER AND State of Telangana, rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad. The District Registrar, Stamps and Registration Department Ranga Reddy District.
The Sub Registrar, Stamps and Registration Department SRO, Shamshabad, Ranga Reddy District.
1.
2.
3.
,RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of [\/andamus declaring the action of the respondents more particularly the 3rd respondent in refusing to register the documents presented by the petitioner in respect of land bearing plot no.379 admeasuring 200 sq. yards, under sy.nos.19/20, 19122, 19123,19125, 19126 and '19/48, situated at Lakshmi Meridian City, Ammapally Village, Shamshabad Mandal, Ranga Reddy District, on the ground of issuance of the Notification dated.26.09.
2013 issued by the District Collector, Ranga Reddy District, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and consequently direct the respondents 2 and 3 to register and release the documents presented by the petitioner in respect of subject land without reference to the Notification dated.26.09.2013 issued by the District Collector, Ranga Reddy District.
the respondents 2 and 3 to receive, register and release the documents presented by the petitioners in respect of land bearing plot no.379 admeasuring 200 sq. yards' under sy.nos.1 gl2o, 19122, 19123, 19t25, 19t26 and 19/48, situated at Lakshmi Meridian city, Ammapally Village, Shamshabad Mandal, Ranga Reddy District, without reference to the Notification dated.26.09.2013 issued by the District Collector, Ranga Reddy District, pending disposal of the writ petition' Counsel for the Petitioner: SRI MOHD. MOIN AHMED QUADRI Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
-2HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No,16742 of 2O2L ORDER:
Heard Sri Mohd.Moin Ahmed Quadri, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the resPondents.
2.
This Writ Petition is filed alleging that the registering authorities are refusing to register the documents presented by the petitioner in respect of land bearing Plot No'379, admeasuring 2O0 Square yards in Sy.Nos.19/20, 19 122, 19 123' 19 125, 19 126 and 19 148 of Lakshmi Meridian City, Ammapally Village, Shamshabad Mandal, Ranga Reddy District, on the ground that it is included in the District Gazette Notilication dated 26.O9.2073. 3.
The issue of inclusion of properties in the prohibited list under Section 22-A ol the Registration Act, 19O8 (for short, 'the Act') was considered by the Fu1l Bench of this Court in VINJAMURI RAJAGOPALA CHARY rl. STATE OF ANDHRA PRADESH1 giving severai directions. Insofar as this Writ Petition is concerned, paragraph No'25.3 of the said judgment is relevant whereunder ih" Di"t.i.t Collector is vested power to notify the District Registrar/ Registering Authority that the subject properties are Government properties and no deed of conveyance can be entertained.
4 .
In the case on hand, what was issued by the District Collector was only a notification calling for objections and so far he has not exercised the power vested under Section 22-A of the Act' ' 20 l5 (3) AI-T 96
-JThe 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 elaborateiy considered by the Full Bench of this Court.
5.
It is also appropriate to note at this stage that. the decision of the Full Bench of this Court was carried to the Supreme Court in Civil Appeai No.4019 of 2018 and batch. The Supreme Court granted liberty to the petitioners therein and any other aggrieved person to chalienge the validity of Section 22-A of the Act and directed the High Court to decide the said validity. The Supreme Court has also granted interim direction of registration ol deeds of conveyance, but such registration was directed to be treated as provisional subject to the result of the writ petitions now pending before the High Court and the parties should not claim any additional equity.
6.
The Gazette notification dated 26.09.2013 u'e,s considered in W.P.No.19069 of 2074. Paragraph No.12 of the judgment dated 25.08.2014 reads as under :
"Hence, the Wdt Petition is disposed of directing the Sub-Registrar to receive and process the deeds of conveyance without reference to the District Gazette notification dated 26,09 .2013 in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, it is open to the registering authority to refuse to register the deeds presented before him, if he has any other objection, by duly assigrring reasons in support of such decision and communicate the decision to the petitioners. It is made clear that mere registration of deed of conveyance does not confer title to the property and it is made clear that this order does not preclude the Government to take appropriate steps as warranted by 1aw and to assert its title. No costs."
7.
Following the said decision, several other Writ petitions were disposed of.
8.
Learned Assistant Government pleader points out that though notification, dated, 26.09.2013, was set aside by this Court and therefore reference to the said notification to reject the deeds of conveyance presented before the registering authority cannot be valid, but the property deeds may have been affected by any other statutory provision and merely because the gazette notification is set aside, the petitioner cannot seek to register the deeds of conveyance without llrst requesting for deletion of the properties from the list of prohibited properties affected by various statutory provisions such as the Telangana Assigned Lands (prohibition of I Transfers) Act, 1977 and the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 etc.,
9. I see merit in the submission of learned Assistant Government Pleader.
10. In view of the submission of learned Assistant Government Pleader, the writ petition is disposed of, granting liberty to the petitioner to present the deed of conveyance in compliance of the Indian Registration Act, 1908 and the Indian Stamp Act, lg99 and the Rules made thereunder. On presenting the document, the registering authority shall receive and process the subject document without reference to the District Gazette notification dated 26.09.20 13. However, he shall verify whether the propert5z in issue is affected by any other prohibition clause while processing the document for registration, He shall register and release the document only if the property is not affected by any other statutory
restriction and is clear from any dispute. These directions also subject to State or authority for taking further steps as directed consequent to the judgment rendered in WP.No.19069 of 2074, dated 25.08. 2014. tt is made clear that mere registration of document does not confer title to the vendee. It is also made clear that this order does not preclude the Government/ District Collector to take appropriate steps as warranted by 1aw and to assert its title. There sha11 be no ord'er as to costs. Miscellaneous petitions, if any, shall stand closed.
SD/-K.SAILESHI //TRUE coPY// ASSISTANTA;GISTRAR SECTION OFFICER To,
1. The Principal Secretary, Revenue (Stamps and Registration) Department, State of Telangana, Secretariat, Hyderabad.
2. The . District Registrar, Stamps and Registration Department Ranga Reddy District.
3. The Sub Registrar, Stamps and Registration Department SRO, Shamshabad, Ranga Reddy District.
4. One CC to Sri Mohd. l\/oin Ahmed Quadri, Advocate IOPUCI
5. Two CCs to GP for Revenue, High Court for the Staie of Telangana at Hyderabad. [OUT]
6. Two CD Copies.
7. One Spare Copy.
MP. -r-'
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HIGH COURT DATED:2310712021 SIAIt -{
ORDER
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rJ 0 6 AUGz0tl WP.No.16742 of 2021 * ilFSnaril.'r DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ a>