HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION No.28822 OF 2023
ORDER:
This Writ Petition is filed seeking the Court an order in the nature of writ of Mandamus declaring the action of respondent No.3 in refusing to register and release the sale deed presented by the petitioner in respect of House No.6-102, located on Plot No.11 in Sy.No.19/47/Part of Ammapally Village, Narkhoda Grampanchayath, Shamshabad Mandal, Ranga Reddy District, as illegal and arbitrary and consequently, to direct respondent No.3 to register and release the said document.
2. Heard Sri Mohd. Moin Ahmed Quadri, learned counsel for the writ petitioner, as well as Sri B.Dileep Kumar, learned Assistant Government Pleader for Stamps and Registration who is representing respondent Nos.1 to 3.
3. Learned counsel for the writ petitioner states that basing on the notification dated 26.09.2013 that was issued by the District Collector, Ranga Reddy District, the Registering Authority is refusing to proceed with the registration and indeed, the said notification was held to be not valid by this Court through orders in W.P.No.14656 of 2021, dated 2 Dr.CSL,J W.P.No.28822 of 2023 01.07.2021. A perusal of the order that is referred discloses that the said order pertains to the land in Sy.No.19/47, Ammapally Village, Shamshabad Mandal, Ranga Reddy District. Thus, the subject matter is same. In the said decision, the Court observed as follows:-
"3. The issue of inclusion of properties in the prohibited list under Section 22-A of the Registration Act, 1908 (for short, 'the Act') was considered by the Full Bench of this Court in VINJAMURI RAJAGOPALA CHARY v. STATE OF ANDHRA PRADESH 1 giving several directions. Insofar as this Writ Petition is concerned, paragraph No.25.3 of the said judgment is relevant where under the District 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. The issue of inclusion of properties in the prohibited list, 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.
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 Appeal No.4019 of 2018 and batch. The Supreme Court granted liberty to the petitioners therein 1 2015(3) ALT 96 3 Dr.CSL,J W.P.No.28822 of 2023 and any other aggrieved person to challenge 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 of 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 was considered in W.P.No.19069 of 2014. Paragraph No.12 of the judgment dated 25.08.2014 reads as under:
"Hence, the Writ 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 assigning 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 law and to assert its title. No costs."
4. No material, whatsoever, is placed before this Court to show that after the notification that was issued by the District Collector calling for objections, power granted under Section 22A of the Registration Act was exercised and that the properties were included in the prohibitory list.4
Dr.CSL,J W.P.No.28822 of 2023
5. Therefore, this Court is of the view that the Writ Petition is required to be disposed of giving necessary direction to the Registering Authority to receive and register the documents presented in case, the documents are in compliance with the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899.
6. Hence, the Writ Petition is disposed of with the following direction:-
"The Registering Authority is directed to receive and register the subject document without reference to the notification dated 26.09.2013 in case, the document is in compliance with the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899. If the Registering Authority finds that the document is prohibited for registration, it shall pass necessary orders to that effect and communicate its decision to the petitioner in writing. There shall be no order as to costs."
Miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:13.10.2023 dr