A.V. Chaitanya. Kiran vs The State Of Telangana
2022 Latest Caselaw 3979 Tel

Citation : 2022 Latest Caselaw 3979 Tel
Judgement Date : 29 July, 2022

Telangana High Court

A.V. Chaitanya. Kiran vs The State Of Telangana on 29 July, 2022

Bench: Mummineni Sudheer Kumar

      THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

                      WRIT PETITION No.30803 of 2022

ORDER:

Heard Sri 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 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

2015 (3) ALT 96

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 property 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 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 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 the

reasons in support of such decision and communicate the said