Ramidi Surender Reddy vs The State Of Telangana
2022 Latest Caselaw 1141 Tel

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               HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                           WRIT PETITION No.11887 OF 2022

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

2015 (3) ALT 96 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 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.

________________________ B. VIJAYSEN REDDY, J Date: 11.3.2022 DA HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.11887 OF 2022

11.3.2022

DA HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MAIN CASE NO: W.P.No. 11887 of 2022

PROCEEDING SHEET

SL DATE ORDER OFFICE NO NOTE

1 11.3.2022 BVR,J

Writ Petition disposed of. No costs.

                                (Vide separate order)
                                         (b/o)
                                          DA
 SL   DATE   ORDER   OFFICE
NO                   NOTE