Telangana High Court
Bandi Gopal Yadav vs State Of Telangana on 23 July, 2021
Bench: P Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.16734 of 2021
Date:23.07.2021
Between:
Bandi Gopal Yadav S/o B.Lachaiah,
Aged about 33 years, Occ:Business,
R/o H.No.22-22/1/A, Indra Reddy
Colony, Rallaguda Village, Shamshabad
Mandal, Ranga Reddy District. ..Petitioner
And
The State of Telangana,
Rep., by its Principal Secretary,
Revenue (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.16734 of 2021
ORDER:
Heard Sri Mohd.Moin Ahmed Quadri, learned counsel for the
petitioner and learned Government Pleader for Revenue appearing
for the respondents.
2. This Writ Petition is filed alleging that the registering
authorities are refusing to register and release the Sale Deed in
respect of property bearing Plot No.322, admeasuring 200 Square
yards in Sy.Nos.19/20, 19/22, 19/23, 19/25, 19/26 and 19/48 of
Lakshmi Meridian City, Ammapally Village, Shamshabad Mandal,
Ranga Reddy District, on the ground that it is included in the
District Gazette Notification dated 26.09.2013.
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.
2015 (3) ALT 96
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 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. 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 first 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
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, 1899 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 26.09.2013. However, he shall verify whether the property 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 2014,
dated 25.08.2014. It 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 law and to
assert its title. There shall be no order as to costs. Miscellaneous
petitions, if any, shall stand closed.
__________________
P.NAVEEN RAO,J
23.07.2021
Nvl
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.16734 of 2021
Date:23.07.2021
Nvl
