Telangana High Court
Geddam Jacob Nixon vs The State Of Telangana And 4 Others on 16 July, 2021
Bench: P Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.15854 of 2021
Date:16.07.2021
Between:
Geddam Jacob Nixon, s/o. GeddamJacob Diva Asserwadam,
Aged 51 years, occu: Employee, r/o. Plot No.156,
Indu Fortune Fields, Phase-13, KPHB Colony,
Kukatpally, rep.by GPA holder A.V.Chaitanya Kiran,
s/o.Abburi Peddanna, aged 44 years, occu: Business,
r/o. Flat No.202, A.R.K. Villa, White Fields,
Kondapur, Hyderabad.
.....Petitioner
And
The State of Telangana,
Rep., by its Principal Secretary,
Stamps & Registration Department,
Secretariat, Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.15854 of 2021
ORDER :
Heard Mr. Jakkula Sridhar learned counsel for the petitioner
and learned Assistant Government Pleader for Revenue.
2. This Writ Petition is filed alleging that the registering
authorities are refusing to register the sale deed on the ground that
District Gazette notification was issued on 26.09.2013, wherein the
subject property was included in the said notification.
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 these Writ
Petitions are 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.
2015 (3) ALT 96
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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 Gazatte 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
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W.P.No.15854 of 2021
process the deeds of conveyance 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 deeds 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 petitioners. It is made
clear that mere registration of deeds of conveyance does not confer
title to the property. 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. Pending
miscellaneous petitions, if any, shall stand closed.
__________________________
JUSTICE P.NAVEEN RAO
Date: 16.07.2021
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W.P.No.15854 of 2021
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.15854 of 2021
Date:16.07.2021
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