Telangana High Court
A.Venkata Rama Lakshmana Rao vs State Of Telangana And 2 Others on 9 January, 2023
Bench: K. Sarath
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No. 653 of 2023
ORDER:
Heard learned counsel for the petitioner and learned
Government Pleader for Stamps and Registration 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.22 admeasuring
437 Sq. yards, Plot No.23 admeasuring 384 Sq. yards and
Plot No.24/part admeasuring 179 Sq. yards total
admeasuring 1000 Square yards in Sy.No.19/47 situated at
Ashok Nagar, 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
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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. 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.
2015 (3) ALT 96
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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
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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
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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 pending, if any, shall stand closed.
_____________________
JUSTICE K.SARATH
Dated:09.01.2023
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