Govind Toshniwal Huf vs The State Of Telangana And 2 Others
2021 Latest Caselaw 2043 Tel

Citation : 2021 Latest Caselaw 2043 Tel
Judgement Date : 8 July, 2021

Telangana High Court

Govind Toshniwal Huf vs The State Of Telangana And 2 Others on 8 July, 2021

Bench: P Naveen Rao

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            THE HONOURABLE SRI JUSTICE P.NAVEEN RAO

                    WRIT PETITION No. 15228 OF 2021

                              DATED : 08.07.2021

Between :

Govind Toshniwal HUF S/o Late Sriram Toshniwal
Aged 41 years Occupation Business
R/o H No 141162 Seetarampet Nampally Hyderabad
                                                          ..... Petitioner

                                          And
The State of Telangana and 2 Others
Rep by its Principal Secretary Revenue Stamps and Registration Department
Secretariat Hyderabad & others


& others.

                                                            .....Respondents




The Court made the following:
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                THE HONOURABLE SRI JUSTICE P.NAVEEN RAO

                        WRIT PETITION No. 15228 OF 2021

ORDER:

Heard learned counsel for the petitioner Ms Annapurna Reddy and

learned Government Pleader for Revenue.

2. This Writ Petition is filed seeking following relief:

"..........to issue Writ or direction one or more particularly in the nature of Writ of Mandamus declaring the action of the official respondents more particularly the 3rd respondent in refusing to register the documents presented by the petitioners in respect of land bearing Plot No 407 admeasuring 200 Sq yds under Sy Nos 19/20, 19/22, 19/23, 19/25, 19/26 and 19/48 situated at Lakshmi Meridian City Ammapally Village Shamshabad Mandal 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 is respect of subject land without reference to the Notification dated 26/09/2013 issued by the District Collector Ranga Reddy District and pass........"

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 PRADESH1 giving several directions.

Insofar as this Writ Petition is concerned, paragraph No.25.3 of the said

judgment is relevant whereunder 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

2015 (3) ALT 96

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 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."

7. Following the said decision, several other Writ Petitions were

disposed of.

8. In view thereof, following the earlier decision in W.P.No.19069 of

2014, dated 25.08.2014, this Writ Petition is also disposed of directing

the registering authority to receive and process the subject document

without reference to the District Gazette notification dated 26.09.2013

subject to compliance of the provisions of the Indian Registration Act,

1908 and Indian Stamp Act, 1899. It is also open to the registering

authority to refuse to register the document presented before him, if he

has any other objection, by duly assigning reasons in support of such

decision and communicate the said decision to the petitioner. It is made

clear that mere registration of document does not confer title to the