HONOURABLE THE ACTING CHIEF JUSTICE
SRI M.S.RAMACHANDRA RAO
AND
HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT APPEAL No. 443 OF 2021
JUDGMENT: (Per Hon'ble The Acting Chief Justice Sri M.S.Ramachandra Rao)
This Writ Appeal is filed challenging the order dt. 02.09.2021 in
I.A.No.1 of 2021 in W.P.No.20460 of 2021.
2. The main contention raised by the appellants in the Writ Petition was
that on the basis of a Memo No.G2/257/2019, dt. 26.08.2020 issued by the
2nd respondent, the 3rd respondent cannot refuse to register and release the
sale deed of the appellants already given a pending registration document Nos.118 to 126 of 2021.
3. The appellants had relied upon an order passed by this Bench on 23.08.2021 in W.P.No.9248 of 2021 before the learned Single Judge.
4. Having noticed the same, the learned Single Judge on 02.09.2021 passed orders in I.A.No.1 of 2021 in W.P.No.20460 of 2021 as under:
"Having regard to the orders passed by the Division Bench of this Court in W.P.No.9248 of 2021, dated 23.08.2021, the official respondents are directed to receive, process, register and release the sale deed presented by the petitioners vide pending document Nos.118 to 126 of 2021, without reference to Memo No.G2/257/2019, dated 26.08.2020 issued by respondent No.2, as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order, subject to the petitioners complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899.
However, any such registration shall be treated as a provisional one. It is made clear that mere registration of the documents does not confer any title to the property. The petitioners shall not claim equity in case any adverse orders are passed against them. If any proceedings/suit/appeal are pending between the executant of the document/Government or any other interested party, the registration of the ::2::
document will be subject to the result of that proceedings/suit/appeal. It is also made clear that this order does not preclude the Government/District Collector to take appropriate steps as warranted by law and to assert its title."
5. This Writ Appeal is filed aggrieved by the second paragraph of the order passed by the learned Single Judge.
6. Learned counsel for the appellants would contend that when the 2nd respondent has been held to have no jurisdiction under the provisions of the Registration Act, 1908 to issue the said Memo referred to in the order passed by a Division Bench of this Court on 23.08.2021 in W.P.No.9248 of 2021 prohibiting registration in relation to any property, it is the duty of the 3rd respondent to accept the document presented by appellants for registration, register it and then release it and he cannot refuse to do so, and the learned Single Judge, therefore, ought not to have imposed the limitations on such registration making it merely provisional by stating that it does not confer any title.
7. We completely agree with the contention of the learned counsel for the appellants. If the 2nd respondent had no jurisdiction to issue the Memo as per our order dt. 23.08.2021 in W.P.No.9248 of 2021, the learned Single Judge ought not to have imposed the restriction which he did in the second paragraph of his order.
8. Though the learned Government Pleader appearing for the respondents filed a counter in the Writ Petition referring to G.O.Ms.No.111, dt. 08.03.1996, the said G.O. would apply only in respect of granting ::3::
construction permissions near Osmansagar and Himayatsagar lakes and at has no relevance as far as registration is concerned.
9. In any event, without challenging the order passed by the learned Single Judge insofar as he directed registration of the documents and release to them, in the appeal filed by the appellants questioning the second paragraph of the order, such a contention ought not to have been raised.
10. Similar principle would equally apply to the other contention raised by the State with regard to the land being agricultural land.
11. Therefore, the Writ Appeal is allowed. The second paragraph in the order dated 02.09.2021 in I.A.No.1 of 2021 in W.P.No.20460 of 2021 insofar as the learned Single Judge imposed restriction on the appellants for getting the registration of the abovementioned documents, is set aside in toto. It is, however, made clear that such registration will abide by the result of the Writ Petition.
12. Pending miscellaneous petitions, if any, in this Writ Appeal shall stand closed. No costs.
______________________________ M.S.RAMACHANDRA RAO, ACJ ______________________ T.VINOD KUMAR, J Date: 24.09.2021.
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