Telangana High Court
Kadukuntla Thirupathamma vs The State Of Telangana on 23 July, 2021
Bench: P Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.16732 of 2021
Date:23.07.2021
Between:
Kadukuntla Thirupathamma D/o.Balakrishna,
Aged 32 years, R/o.H.No.3-1-42, Sri Sai Nagar,
Maktha Maahaboobpet, Miyapur, Hyderabad.
.....Petitioner
And
The State of Telangana,
Rep., by its 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.16732 of 2021
ORDER:
Heard learned counsel for the petitioner and learned
Government Pleader for Revenue.
2. This Writ Petition is filed alleging that the registering
authorities are refusing to register and release the document
presented by the petitioner in respect of property bearing House
No.4-2/40 (PTIN.No.1219986426), Plot No.40, admeasuring 200
Square yards in Sy.No.44/5/A of Maktha Mahaboobpet Village,
Serilingampally Mandal, Ranga Reddy District on the ground that
survey No.44 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. 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
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. 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.16732 of 2021
Date:23.07.2021
Nvl
