Telangana High Court
Sri. Tarra Janardhan Rao vs The State Of Telangana on 22 March, 2024
* THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
+ WRIT PETITION Nos.9645 of 2021 and 26353 of 2023
% Dated 22-03-2024
Between:
# Sri Chinnaramaiahgari Shiva Rajulu
S/o. Ch.Agamaiah
...Petitioner
and
$ The State of Telangana,
Rep.by its Principal Secretary (Revenue)
Secretariat, Hyderabad and others.
....Respondents
! Counsel for the Appellant : Mr. Katika Ravinder Reddy
^ Counsel for the respondents : Mr. G.P. for Stamps and Registration
< GIST : ---
>HEAD NOTE : ---
? Cases referred: :
1. 2005 (6) ALT 33 (SC)
2. 2011 (4) ALD 43
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W.P. Nos.9645 of 2021 and 26353 of 2023
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
W.P. Nos. 9645 of 2021 and 26353 of 2023
COMMON ORDER:
Since the issues involved in these writ petitions are common for
consideration they are being disposed of by this common order.
2. W.P. No.9645 of 2021 has been filed seeking a writ of mandamus to
declare the action of the 3rd respondent i.e., Sub Registrar, Qutbullapur,
Medchal-Malkajgiri District, in refusing to receive and register the sale deed
presented by the petitioners in respect of property House bearing No.03-022,
and Plot bearing No.03-022/NR, with a plinth area of 435 sq.fts.,
Commercial and 400 sq.fts., Residential in Ground Floor and 835 sq.fts., on
first floor, thus totally 435 sq.fts., Commercial in Ground Floor and 1235
sq.fts., residential in Ground and first floors, on Plot No.1034, and land
admeasuring 142 sq.yds., covered under Block No.3 and Ward No.1, in
Sy.No.107, situated at Weaker Section Housing Colony, Suraram Colony of
Suraram village, Quthbullapur Mandal, and Municipality, under GHMC,
Medchal-Malkajgiri district (herein after referred to as 'the subject property')
basing on prohibitory list under Section 22-A of Registration Act as per the
1. Ranga Reddy District Gazette Notification R.R.No.83, communicated by
Joint Collector, Ranga Reddy vide File No.E5/4730/2013/Quthbullapur/
Nizampet dated 25.09.2013, 2. Deputy Collector & Tahsildar Quthbullapur
Mandal, File No.B/583/2012, dated 17.02.2012 and 3. Gazette Notification
No.134, dated 10.03.2005 and G.O.Ms.No.292, Revenue (Registration.I),
9th March 2005 communicated by Commissioner and Inspector General
(R&S), Hyderabad vide File No.G1/4661/2005, dated 02.07.2005, is illegal,
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W.P. Nos.9645 of 2021 and 26353 of 2023
arbitrary, in violation of Articles 14, 21 and 300-A of Constitution of India
and also in violation of Registration Act, 1908 besides in violation of
principles of natural justice and consequently direct the respondent No.3
herein to receive and register the sale deed presented by the petitioners,
in respect of the House bearing No.03.022, and plot bearing No.03-022/NR,
with a plinth area of 435 sq.fts., commercial and 400 sq.fts., residential in
ground floor and 835 sq.fts., in first floor, thus totally 435 sq.fts.,
commercial in ground floor and 1235 sq.fts., residential in ground and first
floors on plot No.1034 and land admeasuring 142 sq.yds., covered under
Block No.3 and Ward No.107, situated at Weaker Section Housing Colony,
Suraram Colony of Suraram Village, Quthbullapur Mandal and
Municipality, under GHMC, Medchal-Malkajgiri district.
3. W.P. No.26353 of 2023 has been filed seeking a writ of mandamus
questioning the action of the respondent No.3, Sub-Registrar, Quthbullapur,
Medchal-Malkajgiri in not receiving and registering the sale deed presented
by the petitioner in respect of all that the House No.28-169/4/2/1
(PTIN No.1151601839), with plinth area of 450 Sft., of RCC in ground floor
and 450 Sft., of RCC in first floor, thus the total plinth are is 900 Sft.,
(G+1) of RCC admeasuring 100 square yards or 83.67 sq.meters (covered
under Block No.28) in Survey No.151, situated at Maruthi Nagar of
Quthbullapur village and Mandal, under GHMC Quthbullapur Circle,
Medcal-Malkajgiri district, Telangana State (hereinafter referred to as
'the subject property') on the basis of prohibitory list under Section 22-A of
the Registration Act, 1908 as per the 1. Ranga Reddy District Gazette
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W.P. Nos.9645 of 2021 and 26353 of 2023
Notification R.R. No.83, communicated by Joint Collector, Ranga Reddy vide
File No.E5/4730/2013/Quthbullapur/Quthbullapur dated 25.09.2013,
2. Deputy Collector & Tahsildar Quthbullapur Mandal, File No.B/583/2012,
dated 17.02.2012 and 3. Gazette Notification No.134, dated 10.03.2005 and
G.O.Ms.No.292, Revenue (Registration.I), 9th March 2005 communicated by
Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide
File No.G1/4661/2005, dated 02.07.2005, as illegal, arbitrary, in violation
of Articles 14, 21 and 300-A of Constitution of India and also in violation of
Registration Act, 1908 besides in violation of principles of natural justice
and consequently direct the respondent No.3 to receive and register the
subject property without reference to the Gazette No.83.
4. Brief facts of the case in W.P. No.9645 of 2021 are that the vendor of
the petitioner is the absolute owner and possessor of the subject property
and having purchased the same through registered sale deed bearing
document No.7451/2012, dated 12.07.2021, the petitioner and his
predecessors are in the title and in peaceful possession, without there being
any interference from any quarter. It is submitted that the petitioner has
prepared the sale deed and also paid Challan on 18.02.2021 and the same
was presented before the 3rd respondent for registration, but the
3rd respondent has refused to receive and register the same on the ground
that the subject property is located in Sy.No.107, situated at Weaker Section
Housing Colony, Suraram Colony of Suraram village, Quthbullapur Mandal
and Municipality, under GHMC, Medchal-Malkajgiri District, which is under
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W.P. Nos.9645 of 2021 and 26353 of 2023
prohibitory list as per the Section 22-A of the Registration Act, basing on the
following information:
"1. The property is Government land, notified as prohibited
property u/s 22-A of Registration Act as per the Ranga Reddy
District Gazette Notification R.R.No.83, Communicated by
Joint Collector, Ranga Reddy vide File No.E5/4730/2013/
Quthbullapur/Nizampet, dated 25-09-2013.
2. Deputy Collector & Tahasildar Quthbullapur Mandal,
File No. B/583/2012, dated 17-02-2012.
3. Gazette Notification No.134, dated 10-03-2005 and
G.O.Ms.No.292, Revenue (Registration.I), 9th March 2005
communicated by Commissioner and Inspector General (R&S),
Hyderabad Vide File No.G1/4661/2005, Dt.02-07-2005."
5. Challenging the said action of the 3rd respondent, the petitioner filed
the present writ petition.
6. Brief facts of the case in W.P. No.26353 of 2023 are that the
petitioner is the absolute owner and possessor of the subject property
having purchased the same vide sale deed Document No.4914 of 2007,
dated 22.03.2007, registered at SRO., Ranga Reddy. It is submitted that
due to his family necessities has offered to sell the subject property to the
prospective purchaser and having come to know about the same,
the prospective purchaser approached and expressed his willingness to
purchase the said property and upon offer and acceptance, both the parties
have agreed to go further and entered into sale agreement and presented the
same for registration before the respondent No.3 on 12.09.2023 but the
respondent No.3 has refused to receive and register the sale deed on the
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W.P. Nos.9645 of 2021 and 26353 of 2023
ground that the subject property is located in Sy.No.151, situated at
Maruthi Nagar of Quthbullapur village and Mandal, under GHMC
Quthbullapur Circle, Medchal-Malkajgiri District, as per the list in
Notification R.R. No.83, dated 25.09.2013, which is under prohibitory list as
per the Section 22-A of the Registration Act, based on the following
information.
"1. The property is Government land, notified as prohibited
property u/s 22-A of Registration Act as per the Ranga Reddy
District Gazette Notification R.R.No.83, Communicated by
Joint Collector, Ranga Reddy vide File No.E5/4730/2013/
Quthbullapur/Quthbullapur, dated 25-09-2013.
2. Deputy Collector & Tahasildar Quthbullapur Mandal,
File No. B/583/2012, dated 17-02-2012.
3. Gazette Notification No.134, dated 10-03-2005 and
G.O.Ms.No.292, Revenue (Registration.I), 9th March 2005
communicated by Commissioner and Inspector General (R&S),
Hyderabad Vide File No.G1/4661/2005, Dt.02-07-2005."
7. Challenging the said action of the 3rd respondent, the petitioner filed
the present writ petition.
COUNTER FILED IN W.P. No.26353 of 2023:
8. On behalf of the respondent No.3 in W.P. No.26353 of 2023,
while denying the writ averments, counter affidavit has been filed, inter alia,
stating that on verification of the prohibitory watch register, the land
bearing in Sy.No.151, situated at Maruthi Nagar of Quthbullapur village and
Mandal, under GHMC Quthbullapur Circle, Medchal-Malkajgiri District,
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W.P. Nos.9645 of 2021 and 26353 of 2023
is classified as Government land, as such it is prohibited for registration
under Section 22-A of the Registration Act, 1908 as per the following
records.
a) "Ranga Reddy District Gazette notification R.R. No.83
communicated by Joint Collector Rangareddy vide File
No.E5/4730/2013/Quthfullapur/Quthbullapur,
dated 25.09.2013.
b) Deputy Collector and Tahsildar, Quthbullapur Mandal
File No.B/583/2012, dated 17.02.2012 and
c) Gazette Notification No.134, dated 10.03.2005 and
G.O.Ms.No.292, Revenue (Registration.I), 9th March
2005 communicated by Commissioner and Inspector
General (Registration & Stamps), Hyderabad vide File
No.G1/4661/2005, dated 02.07.2005."
9. It is submitted that in pursuance to the interim direction passed by
this Court on 22.09.2023 in the writ petition, the subject property in the
writ petition was registered vide Document No.26459/2023 registered at
SRO, Quthbullapur. It is further submitted that in the interim order dated
22.09.2023 passed by this Court, reference of Civil Appeal No.4223 of 2018
and batch has been taken whereunder the Hon'ble Apex Court directed that
the Registration may go on pending the writ petition challenging the validity
of Section 22-A of the Registration Act. As the validity of the Section 22-A of
the Act is upheld by the Division Bench of this Court vide its order dated
19.10.2023 in W.P. No.28300 of 2007 and batch, the interim order passed
by this Court on 22.09.2023 will no longer survive, as such, prayed to
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W.P. Nos.9645 of 2021 and 26353 of 2023
vacate the interim order dated 22.09.2023 and consequently sought to
dismiss the writ petition.
SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONER:
10. The learned counsel for the petitioner would submit that the above
reasons shown by the 3rd respondent for refusing to register the subject
property appears that the authorities have incorporated the subject property
in the prohibitory list under Section 22-A of the Registration Act without
following due process of law.
11. It is further submitted that the subject property is private patta land
but for the reasons best known to the authorities for including the subject
property in the prohibitory list is bad in law. It is further submitted that the
respondents' authorities have failed to take note that the subject property
had already been converted into plots long back and almost the entire area
was converted into residential colony.
12. It is further submitted that the authorities are refusing to receive and
register the subject document based on a Gazette notification issued in the
year 2005, which was struck down by this Court in W.P. No.14099 of 2003
while placing reliance on the judgment rendered by the Hon'ble Supreme
Court in the case of State of Rajasthan and others Vs. Basant Nahata 1
and thereafter, the Government has issued a fresh notification under the Act
19 of 2007, therefore refusal for registration of the subject property on the
ground of 2005 notification is bad in law and the same is held by this Court
2005 (6) ALT 33 (SC)
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W.P. Nos.9645 of 2021 and 26353 of 2023
in the case of T.Yedukondalu Vs. The Principal Secretary to
Government 2.
13. It is further submitted that the Government Orders, which are relied
on by the respondent No.3 in rejecting for registration of the subject
property is G.O.Ms.No.786, dated 09.11.1999, which stipulats prohibition of
registration of documents on the ground that they are opposed to public
policy therefore the present case of the petitioner is also covered by the
above said issue. It is further submitted that the acts of the respondents in
including the subject property in the prohibitory list published under
Section 22-A of the Registration Act vide G.O.Ms.No.280 to 296, dated
10.03.2005, vide File No.G1/4661/2005, dated 02.07.2005, Gazette
Notification No.134, dated 10.03.2005 is illegal and arbitrary and in
violation of Articles 14, 21 and 300-A of the Constitution of India and that
the action of the 3rd respondent in refusing to receive and register the
subject property basing on the Notification vide R.R.No.83, issued by the
Collector, Ranga Reddy District, is bad in law as he is not competent to
issue such notification or directions to the 3rd respondent office.
14. The learned counsel for the petitioner would further submit that in
similar circumstances, this Court in W.P. No.11330 of 2019 and in
W.P. No.16899 of 2019 directed the authorities to register and release the
documents.
2011 (4) ALD 43
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15. On the other hand, the learned Government Pleader for Stamps and
Registration appearing for the respondents while reiterating the counter
averments would submit that the Division Bench of this Court in
W.P. No.28300 of 2007 and batch wherein the validity of the Section 22-A of
the Act has been challenged vide order dated 19.10.2023 passed order
validating the Section 22-A of the Registration Act. Hence, he sought to
dismiss the writ petition.
INTERIM ORDERS:
16. From a perusal of the proceedings in W.P. No.9645 of 2021, this Court
on 28.04.2021, passed the following interim order:
"Heard learned counsel for the petitioner, learned
Government Pleader for Revenue and learned Special
Government Pleader appearing for learned Advocate General.
Post along with w.P.No.4236 of 2021.
The deed of conveyance presented by the petitioner in
respect of House bearing No.03-022 and Plot bearing
No.03-022 NR with a plinth area of 435 sq. feet commercial
and 400 sq. feet residential in ground floor and 1235 sq. feet
residential in ground and first floors on Plot No.1034 and land
admeasuring 142 sq. yards covered under Block No.3 and
Ward No.1 in Survey No.107 situated at Weaker Section
Housing Colony, Suraram Colonl, of Suraram Village,
Quthbullapur Mandal and Municipality, under GHMC,
Medchal - Malkajgiri District, was refused for registration by
referring to File No.E5/4730/2013/Quthubullapur/
Gajularamaram, dated 25.09.2013, File No.B/583/2012 dated
17.02.2012 of the Tahsildar, Quthubullapur Mandal, Gazette
Notification No.134, dated 10.03.2005, and G.O.Ms.No.292,
dated 09.03.2005.
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W.P. Nos.9645 of 2021 and 26353 of 2023
According to learned counsel for the petitioner,
the Gazette Notification was set aside by the Division Bench of
this Court in judgment, dated 07.12.2005, in W.P.No.14099 of
2003 and batch. Though after this judgment, Section 22-A of
the Registration Act, 1908 was amended, no further
notification was issued as required by the Registration Act.
However, on 25.09.2013, the District Collector issued
preliminary notification calling for objections. This
notification was found to be defective by this Court in
W.P.No.19069 of 2014, dated 25.08.2014.
The letter dated 17.02.2012 was issued by the Tahsildar
notifying the particular property as the Government land and
requesting the Sub-Registrar not to register any deed of
conveyance.
Having regard to declaration given by the Full Bench of
this court in Vinjamuri Raiagopala Chary v, State of Andhra
Pradesh [2016 (1] ALT 55O (FB)], the authority competent to
notify is the District Collector.
This clearly shows that there was no application of
mind by the revenue authorities and by the Sub-Registrar in
rejecting the document for registration. On this issue, several
writ petitions are filed. Though, they are glaring, so far the
Government has not applied its mind and measures are put in
place to streamline registration process affecting citizens.
Subject to further consideration of the issue after the
judgment of the Hon'ble Supreme Court in Civil Appeal
No.4223 of 2018 and batch, the provisions of Section 22-A of
the Registration Act and the orders issued by this Court in
various writ petitions, by way of interim order,
the respondent-registration authority is directed to receive and
process the document, without reference to the letter dated
17.02.2012, and the Gazette Notification, dated 25.09.2013,
subject to compliance of provisions of the Indian Registration
Act, 1908 and Indian Stamp Act, 1899 and to ascertain the
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W.P. Nos.9645 of 2021 and 26353 of 2023
status of land, as reflected in the revenue records. If the deed
of conveyance complies with all the requirements and there is
no embargo in accepting the document for registration,
the Registering Authority shall register and release the
document. However, any such action shall abide the result of
the writ petition. Further, petitioner is directed not to resort to
further conveyance of the subject property without leave of
this Court."
17. From a perusal of the proceedings in W.P. No.26353 of 2023,
this Court on 22.09.2023, passed the following interim order:
"Notice before admission.
Learned Assistant Government Pleader for Stamps and
Registration waives notice for Respondent Nos.1 to 5.
Heard Sri T.V.Srikanth, learned counsel for the Writ
Petitioner as well as Sri B.Dileep Kumar, learned Assistant
Government Pleader for Stamps and Registration, who is
representing Respondent Nos.l to 5.
This Writ Petition is filed seeking the Court to declare
the inaction of the 3rd respondent i.e., Sub-Registrar,
Quthbullapur Mandal, Medchal-Malkajgiri District, in
receiving and registering the Sale Deed presented by the
petitioner in respect of House No.28-169/4/2/1, admeasuring
100.0 Sq.yards, located in Sy.No.151 (Covered under Block
N0.28) of Maruthi Nagar, Quthbullapur Village and Mandal,
under GHMC Quthbullapur Circle, Medchal-Malkajgiri
District, on the ground that the Survey number where the
House is located is notified as prohibited property under
Section 22A of the Registration Act vide Gazette Notification
No.E5/4730/2013 dated 25.09.2013 and File
No.B/583/2012, dated 17.02.2012, as illegal and arbitrary
and consequently to direct the said Public Authority to receive
and register the said document.
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Learned counsel for the petitioner states that the
Division Bench of this Court, through orders dated
07.12.2005, in W.P.No.14099 of 2003 and Batch, has
set-aside the Gazette notification and no further notification
was issued as per law. Learned counsel for the petitioner
states that the Registering Authority has thus no power of
refusal to receive the document. Learned counsel brought to
the notice of this Court the order of this Court in W.P.No.4236
of 2021, dated 25.02.2021, wherein this Court observed as
follows:-
"The deed of conveyance presented by the
petitioner in respect of house bearing No.28-1741218 with
a plinth area of 2100 sq. ft., G+2, and Pent House on plot
bearing No.218, admeasuring 105 Sq yards in Sy.No.151,
Vijayanagar Colony, Maruthi Nagar, Quthbullapur Village,
GHMC Circle, Medchal-Malkajgiri District was refused for
registration by referring to File No.E5/4730/2013/
Quthbullapur/Nizampet,dated 25.09.2013, File
No.8/583/2012 dated 17.02.2012 of the Tahsildar,
Quthubullapur Mandal, Gazette notification No.l34, dated
10.03.2005 and G.O.Ms.No.292 dated 09.03.2005.
According to learned counsel for the petitioner,
the gazette notification was set aside by the Division
Bench of this Court in judgment, dated 07.12.2005, in
W.P.No.14099 of 2003 and batch. Though after this
judgment, Section 22-A of the Registration Act, 1908 (for
short, 'the Act') was amended, no further notification was
issued as required by the Act. However, on 25.09.2013,
the District Collector issued preliminary notification calling
for objections. This notification was found to be defective
by this Court in W.P.No.19069 of 2014, dated 25.08.2014.
The letter dated 08.09.2011 was issued by the Tahsildar
notifying the particular property as Government land and
requesting the Sub Registrar not to register any deed of
conveyance.
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Having regard to declaration given by the Full
Bench of this Court in Vinjamuri Rajagopala Chary v.
State of Andhra Pradesh [2016(l) ALT 550 (FB)], the
authority competent to notify is the District Collector.
This clearly shows there was no application of
mind by the revenue authorities and by the Sub Registrar
in rejecting the document for registration. On this issue
several writ petitions are filed. Though, they are glaring,
so far Government has not applied its mind and measures
are put in place to streamline registration process affecting
citizens.
Subject to further consideration of the issue after
the judgment of the Hon'ble Supreme Court in Civil Appeal
No.4223 of 2018 & Bath, the provisions of Section 22-A of
the Registration Act and the orders issued by this Court in
various writ petitions, by way of interim order,
the respondent-registration authority is directed to receive
and process the deed of conveyance, without reference to
the letter dated 17.02.2012 and the Gazette Notification
dated 25.09.2013 subject to compliance of provisions of
the Indian Registration Act, 1908 and Indian Stamp Act
1899 and to ascertain the status of land, as reflected in
the revenue records. If the deed of conveyance complies
with all the requirements and there is no embargo in
accepting the document for registration, the Registering
Authority shall register and release the document.
However, any such action shall abide the result of the writ
petition. Further petitioner is directed not to resort to
further conveyance of the subject property without leave of
this Court."
Learned Assistant Government Pleader did not bring to
the notice of this Court anything to hold that the present
Writ Petition stands on a different footing as that of the
Writ Petition that is referred supra.
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Therefore, pending consideration of the matter, which
would be taken after the judgment of the Hon'ble Supreme
Court in Civil Appeal No.4223 of 2018 and Batch, this Court
is of the view that an interim order can be issued directing the
Registering Authority to receive and proceed with the
registration in case the deed presented is in accordance with
the provisions of the Registration Act, 1908 and Indian Stamp
Act, 1899.
Resultantly, the Sub-Registrar, Quthbullapur Mandal
Medchal-Malkajgiri District, is directed to receive and register
the Sale Deed that would be presented by the petitioner in
respect of the subject property i.e., in respect of House
No.28-169/4/2/1, admeasuring 100.0 Sq.yards, located in
Sy.No.151 (Covered under Block No.28) of Maruthi Nagar,
Quthbullapur Village and Mandal, under GHMC Quthbullapur
Circle, Medchal-Malkajgiri District, without reference to the
letter dated 17.02.2012 and the Gazette Notification dated
25.09.2013, however on compliance of the provisions of the
Registration Act, 1908 and Indian Stamp Act, 1899.
The Registration be carried out after ascertaining the status of
land as reflected in the revenue records. The parties are
prohibited from proceeding with further conveyance of the
property except on obtaining required permission from this
Court. Further, the registration shall be subject to the final
result of the writ petition.
Registry to make an endorsement on the Writ petition
to the effect that the same shall not be permitted to be
withdrawn.
List on 11.10.2023."
ANALYSIS:
18. In the cases on hand, what was issued by the District Collector was
only a Notification in R.R. No.83 dated 25.09.2013 calling for objections and
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suggestion on the proposal from all persons, who are likely to be affected
thereby for being taken into consideration by the Government and so far the
District Collector 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 in
Vinjamuri Raiagopala Chary. It is significant to note here that the decision of
the Full Bench of this Court was carried to the Hon'ble Supreme Court in
Civil Appeal No.4223 of 2018 and batch. The Hon'ble 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 Hon'ble 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. Eventually, the Hon'ble Supreme Court
held as under:
"7. We note that in all these appeals, registration has
been permitted making it subject to the result of the appeals
with a further condition that no further registration shall take
place without permission from the Court. It is ordered that
the registration already permitted by this Court shall be
treated as a provisional registration subject to the result of the
writ petitions now pending before the High Court. We make it
clear that merely because registration has been permitted, the
parties shall not claim any additional equity. We further
make it clear that without express permission from the High
Court, there shall be no further transfer. In order to avoid
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further difficulty to the similarly situated people, we make it
clear that it will be open to them to approach the High Court
and seek appropriate and similar interim orders regarding
transfers during the pendency of the writ petitions.
8. The learned senior counsel has pointed out that
same mechanism for redressal under Section 22 A (1) (e) may
be made applicable as far as the grievance in respect of
Section 22A (1) (a) to (d) is concerned. It is pointed out that
even in respect of the orders which have otherwise become
final, they would be relegated to the same authority and will
be subject to further revision/appeal etc. This is also a matter
to be considered by the High Court when the writ petitions are
finally heard. Therefore, we permit the parties to raise this
contention also before the Bench concerned while considering
the vires of the Section, in order to reach a workable solution.
The Court may consider the issue on its own merit and the
impugned order shall not stand in that way.
9. We further make it clear that we have not otherwise
considered the matter on merits.
10. In view of the above, the appeals are disposed of."
19. Thereafter, the Division Bench of this Court in W.P. No.28300 of 2007
and batch had dealt with the validity of Section 22-A of the Act as
incorporated in the Registration Act, 1908 and the Amended Act, 19 of 2007
with effect from 20.06.2007, which was under challenge. The Division
Bench of this Court vide its common judgment dated 19.10.2023 had
upheld the validity of the Section 22-A of the Act.
20. For the facility of reference, Section 22-A of the Act is extracted
hereunder.
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"22-A. Prohibition of Registration of certain documents:--
(1) The following classes of documents shall be
prohibited from registration, namely:--
(a) documents relating to transfer of immovable
property, the alienation or transfer of which is prohibited
under any statute of the State or Central Government;
(b) documents relating to transfer of property by way of
sale, agreement of sale, gift, exchange or lease in respect of
immovable property owned by the State or Central
Government, executed by persons other than those statutorily
empowered to do so;
(c) documents relating to transfer of property by way of
sale, agreement of sale, gift, exchange or lease exceeding (ten)
10 years in respect of immovable property, owned by Religious
and Charitable Endowments falling under the purview of the
Andhra Pradesh Charitable and Hindu Religious Institutions
and Endowments Act, 1987 or by Wakfs falling under the
Wakfs Act, 1995 executed by persons other than those
statutorily empowered to do so;
(d) Agricultural or urban lands declared as surplus
under the Andhra Pradesh Land Reforms (Ceiling on
Agricultural Holdings) Act, 1973 or the Urban Land (Ceiling
and Regulation) Act, 1976;
(e) Any documents or class of documents pertaining to
the properties the State Government may, by notification
prohibit the registration in which avowed or accrued interests
of Central and State Governments, Local Bodies, Educational,
Cultural, Religious and Charitable Institutions, those attached
by Civil, Criminal, Revenue Courts and Direct and Indirect
Tax Laws and others which are likely to adversely affect these
interest.
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W.P. Nos.9645 of 2021 and 26353 of 2023
(2) For the purpose of Clause (e) of sub-section (1), the
State Government shall publish a notification after obtaining
reasons for and full description of properties furnished by the
District Collectors concerned in the manner as may be
prescribed.
(3) Notwithstanding anything contained in this Act, the
registering officer shall refuse to register any document to
which a notification issued under Clause (e) of sub-section (1).
(4) The State Government either suo motu or on an
application by any person or for giving effect to the final orders
of the High Court of Andhra Pradesh or Supreme Court of
India may proceed to denotify, either in full or in part, the
notification issued under sub- section (2)."
21. The Division Bench of this Court in the above batch of W.P. No.28300
of 2007 vide its common judgment dated 19.10.2023 at para No.25 held as
under:
"25. Thus, from a perusal of the statement of Objects and
Reasons, it is evident that Section 22A of the Act has been
incorporated to empower the Government to notify the
registration of such documents or class of documents as
opposed to public policy and to reject their registration. The
Act has been amended to overcome the deficiency pointed out
by a Division Bench of this Court and the Supreme Court in
Basant Nahata (supra) and to avoid illegal transactions of
transfer of property relating to Government, religious and
charitable institutions. The object of the provision is to
protect the vacant lands as well as the properties in which
State Government has either avowed or accrued interest,
properties belonging to local bodies as well as religious and
charitable institutions and wakfs. With rapid increase of
population and industrialization, the prices of land available
for agriculture and human inhabitation have skyrocketed.
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W.P. Nos.9645 of 2021 and 26353 of 2023
The land mafia and unscrupulous elements are grabbing the
land and encroaching the public and private properties and
are also executing the registered documents affecting
immovable properties of third parties. The aforesaid activity of
grabbing vacant lands is a social evil which is sought to be
remedied by enacting Section 22A of the Act."
22. The Division Bench of this Court in its judgment dated 19.10.2023
also referred the Full Bench paragraphs 155 and 156 at para 30, which
reads as under:
"30. Thereafter, the Full Bench of this Court in
Vinjamuri Rajagopala Chary in paragraphs 155 and 156 of
its decision held as follows:
"155. Further, as noticed earlier the State Government is
empowered either suo motu or on application to consider the
grievances against inclusion of any property in the prohibitory
list under Section 22-A of Registration Act and is also
empowered to de-notify either in full or in part the notification
issued under sub-section (2). In our opinion, the redressal
mechanism is available only with respect to notifications
published relating to the properties falling under clause (e) of
Section 22-A. Hence, any grievance of the parties with
reference to the properties covered by clauses (a) to (d) will
have to be questioned by the aggrieved parties only by
appropriate proceedings before a competent Court and the
adjudication by such Court would be final. Further, so far as
notified properties falling under clause (e) are concerned, the
redressal mechanism under subsection (4) of Section 22-A
would be able to effectively address the grievance provided the
mechanism thereunder is effective, expeditious, fair, and
judicious. Thus, in order to make an effective redressal
mechanism, we deem it appropriate to direct the respective
Governments of both the States to constitute a Committee or
21 NVSK, J
W.P. Nos.9645 of 2021 and 26353 of 2023
establish a Forum within time frame, may be comprising of
Principal Secretary of Revenue, Director of Survey and Land
Records and a retired Judicial Officer of the rank of a District
Judge which shall meet periodically to consider the grievances
of the persons affected by the notifications. The Committee
shall be empowered to examine relevant records and then
pass a reasoned order either accepting or rejecting the
grievance by either confirming/deleting/modifying any such
property from the notified list of properties. In our view, such
orders passed by the Committee shall be binding on the State
as well as on the aggrieved person and in the event of any of
them being aggrieved thereby, they shall have to approach a
competent Court of Law for redressal of their grievance.
156. We, thus, summarize our conclusions and issue
directions as follows :
(i) The authorities mentioned in the guidelines, which are
obliged to prepare lists of properties covered by clauses (a) to
(d), to be sent to the registering authorities under the
provisions of Registration Act, shall clearly indicate the
relevant clause under which each property is classified.
(ii) Insofar as clause (a) is concerned, the concerned District
Collectors shall also indicate the statute under which a
transaction and its registration is prohibited. Further in
respect of the properties covered under clause (b), they shall
clearly indicate which of the Governments own the property.
(iii) Insofar as paragraphs (3) and (4) in the Guidelines,
covering properties under clause (c) and (d) are concerned, the
authorities contemplated therein shall also forward to the
registering authorities, along with lists, the extracts of
registers/gazette if the property is covered by either
endowment or wakf, and declarations/orders made under the
provisions of Ceiling Acts if the property is covered under
clause (d).
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W.P. Nos.9645 of 2021 and 26353 of 2023
(iv) The authorities forwarding the lists of properties/lands to
the registering authority shall also upload the same to the
website of both the Governments, namely igrs.ap.gov.in of the
State of Andhra Pradesh and registration.telangana. gov.in of
the State of Telangana. If there is any change in the website,
the State Governments shall indicate the same to all
concerned, may be by issuing a press note or an
advertisement in prominent daily news papers.
(v) No notification, contemplated by sub-section (2) of Section
22A, is necessary with respect to the properties falling under
clauses (a) to (d) of subsection (1) of Section 22-A.
(vi) The properties covered under clause (e) of Section 22-A
shall be notified in the official gazette of the State
Governments and shall be forwarded, along with the list of
properties, and a copy of the relevant notification/gazette, to
the concerned registering authorities under the provisions of
Registration Act and shall also place the said
notification/gazette on the aforementioned websites of both
the State Governments. The Registering authorities shall
make available a copy of the Notification/Gazette on an
application made by an aggrieved party.
(vii) The registering authorities would be justified in refusing
registration of documents in respect of the properties covered
by clauses (a) to (d) of subsection (1) of Section 22-A provided
the authorities contemplated under the guidelines, as
aforementioned, have communicated the lists of properties
prohibited under these clauses.
(viii) The concerned authorities, which are obliged to furnish
the lists of properties covered by clauses (a) to (d) of sub-
section (1) of Section 22-A, and the concerned Registering
Officers shall follow the guidelines scrupulously.
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W.P. Nos.9645 of 2021 and 26353 of 2023
(ix) It is open to the parties to a document, if the relevant
property/land finds place in the list of properties covered by
clauses (a) to (d) of sub-section (1) of Section 22-A, to apply for
its deletion from the list or modification thereof, to the
concerned authorities as provided for in the guidelines. The
concerned authorities are obliged to consider the request in
proper perspective and pass appropriate order within six
weeks from the date of receipt of the application and make its
copy available to the concerned party.
(x) The redressal mechanism under Section 22-A(4) shall be
before the Committees to be constituted by respective State
Governments as directed in paragraph-35.1 above. The State
Governments shall constitute such committees within eight
weeks from the date of pronouncement of this judgment.
(xi) Apart from the redressal mechanism, it is also open to an
aggrieved person to approach appropriate forum including
Civil Court for either seeking appropriate declaration or
deletion of his property/land from the list of prohibited
properties or for any other appropriate relief.
(xii) The directions issued by learned single Judges in six
judgments (W.P.No.2775 of 2009, dated 15.03.2011;
W.P.Nos.20050 of 2011 and batch, dated 08.09.2011;
W.P.No.26566 of 2011, dated 18.01.2013; W.P.No.30526 of
2012 and batch, dated 31.12.2012; W.P.No.31409 of 2014,
dated 29.01.2015 and W.P.No.24587 of 2014 and batch
01.06.2015) or any other judgments dealing with the
provisions of Section 22-A, if are inconsistent with the
observations made or directions issued in this judgment, it is
made clear that the observations made and directions issued
in this judgment shall prevail and would be binding on the
parties including the registering authorities under the
Registration Act or Government officials or the officials under
the Endowments Act, Wakf Act and Ceiling Acts.
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W.P. Nos.9645 of 2021 and 26353 of 2023
(xiii) If the party concerned seeks extracts of the
list/register/gazette of properties covered by clauses (a) to (e)
of Section 22-A (1), received by the registering officer on the
basis of which he refused registration, it shall be furnished
within 10 days from the date of an application made by the
aggrieved party.
(xiv) Registering officer shall not act and refuse registration of
a document in respect of any property furnished to him
directly by any authority/officer other than the
officers/authorities mentioned in the Guidelines.
(xv) Mere registration of a document shall not confer title on
the vendee/alienee, if the property is otherwise covered by
clauses (a) to (e), but did not find place in the lists furnished
by the concerned authorities to the registering officers. In
such cases, the only remedy available to the authorities under
clauses (a) to (e) of sub-section (1) of Section 22-A is to
approach appropriate forums for appropriate relief."
23. From a perusal of the Notification in R.R. No.83, dated 25.09.2013,
the subject lands were notified under Section 22-A (1)(a) for the purpose of
Section 22-A(1). It is only a notice given inviting objections and suggestions
on the above proposal from all persons who are likely to be affected thereby
for being taken into consideration by the Government. The details of the
properties mentioned in the annexure states that the subject lands are
Government lands.
24. Section 22-A (1) (e) of the Act manifests that any documents or class
of documents pertaining to the properties, the State Government may,
by notification prohibit the registration in which avowed or accrued interests
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W.P. Nos.9645 of 2021 and 26353 of 2023
of Central and State Governments, Local Bodies, Educational, Cultural,
Religious and Charitable Institutions, those attached by Civil, Criminal,
Revenue Courts and Direct and Indirect Tax Laws and others which are
likely to adversely affect these interest.
Section 22-A (2) reads as under:
"(2) For the purpose of Clause (e) of sub-section
(1), the State Government shall publish a notification after
obtaining reasons for and full description of properties
furnished by the District Collectors concerned in the manner
as may be prescribed."
25. It is pertinent to note that in the case of Vinjamuri Rajagopala Chary
(Supra) paras 156 had summarized and issued directions. As per the
Clause (v) no notification is contemplated under sub-section (2) of Section
22-A with respect to the properties falling under clauses (a) to (d) of
sub-section (1) of Section 22-A. As per Clause (vi), the properties covered
under clause (e) of Section 22-A shall be notified in the official Gazette of the
State Governments and shall be forwarded, along with the list of properties,
and a copy of the relevant notification/Gazette, to the concerned registering
authorities under the provisions of Registration Act and shall also place the
said notification/Gazette on the websites of both the State Governments.
26. The subject lands in these writ petitions as per the Notification in
R.R.No.83 in File No.E5/4730/2013/Quthbullapur/Quthbullapur, dated
25.09.2013, which according to the District Collector were classified as
Government lands and a Notification was issued calling for
objections/suggestions before placing for prohibitions. Section 22-A (1) (e)
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W.P. Nos.9645 of 2021 and 26353 of 2023
and (2) stipulates that if any land is classified and determined as
Government land, the Government shall publish an official Gazette
notification after obtaining reasons for and full description of properties
furnished by the District Collector concerned in the manner as prescribed.
In the case on hand, the respondents have not followed the provisions of
Section 22-A(1)(e)(2) and the guidelines issued by the Full Bench in the case
of Vinjamuri Rajagopala Chary (Supra) wherein at para 156 held that the
authorities are obliged to follow Clause (vi) for those properties covered
under Clause (e) of Section 22-A of the Act, whereby such lands have to be
notified in the official Gazette of the State. The Notification in R.R. No.83
dated 25.09.2013 communicated by the Joint Collector, Ranga Reddy vide
File No.E5/4730/2013/Quthbullapur/Quthbullapur, dated 25.09.2013;
Deputy Collector and Tahasildhar, Quthbullapur Mandal, File
No.B/583/2012, dated 17.02.2012 and the Gazette Notification No.134,
dated 10.03.2005 and G.O.Ms.No.292, Revenue (Registration-I), 9th March
2005 communicated by the Commissioner and Inspector General (Revenue
& Stamps), Hyderabad vide File No.G1/4661/2005, dated 02.07.2005 are
not in accordance with the provisions of the Section 22-A (1) (e) and 22 (1)(2)
and also as per Clause (vi) of the guidelines issued in the case of Vinjamuri
Rajagopala Chary (Supra) and the same cannot be the basis for denying for
registration of the subject properties.
27. Further, the Tahsildar vide File No.B/583/2012, dated 17.02.2012
had notified the particular property as the Government land and requested
the Sub-Registrar not to register any deed of conveyance. The District
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W.P. Nos.9645 of 2021 and 26353 of 2023
Collector on 25.09.2013 had issued preliminary notification calling for
objections and the said notification was found to be defective by this Court
in W.P. No.19069 of 2014 dated 25.08.2014.
28. It is also pertinent to note that in the counter filed in W.P. No.26353
of 2023 prohibiting transfer/registration that subsequent to the Notification
in R.R. No.83 dated 25.09.2013 the answering respondents have not taken
any steps in notifying in the official Gazette of State Government in terms of
the guideline No.(vi) issued by the Full Bench in the case of Vinjamuri
Rajagopala Chary (Supra).
29. As such, the Notification in R.R.No.83 in File No.E5/4730/2013/
Quthbullapur/Quthbullapur, dated 25.09.2013, is only a notice given for
inviting objections and suggestions and this cannot be the basis for refusal
for registration of the subject properties. In view of the same, Gazette
Notification in R.R. No.83, dated 25.09.2013, communicated by the Joint
Collector, Ranga Reddy vide File No.E5/4730/2013/Quthbullapur/
Gajularamaram, dated 25.09.2013, 2) Deputy Collector & Tahsildar
Quthbullapur Mandal, File No.B/583/2012, dated 17.02.2012 and the
Gazette Notification No.134, dated 10.03.2005 and G.O.Ms.No.292, dated
09.03.2005 are not in consonance to the provisions of Section 22-A of the
Registration Act, 1908 and 22-A(1)(e) and Clause (vi) of the guidelines and
the same cannot be referred for the purpose of denying registration of the
subject properties. Consequently, reference made vide in File
No.E5/4730/2013/Quthbullapur/Gajularamaram, and File
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W.P. Nos.9645 of 2021 and 26353 of 2023
No.E5/4730/2013/Quthbullapur/Quthbullapur, dated 25.09.2013 and File
No.B/583/2012 dated 17.02.2012 of the Tahsildar, Quthbullapur Mandal,
are declared as illegal, arbitrary and bad in law and are hereby set aside.
30. Accordingly, W.P. Nos.9645 of 2021 and 26353 of 2023 are allowed.
31. This Court on 22.09.2023, while directing the Registering authority to
receive and process the document without reference to the letter dated
17.02.2012, and the Notification in R.R. No.83 dated 25.09.2013, had
directed the petitioner not to resort to further conveyance of the subject
property without leave of this Court. In this regard, it is made clear that
since these writ petitions (W.P. Nos.9645 of 2021 and 26353 of 2023) are
allowed, the condition that was imposed to the effect that not to resort to
further conveyance of the subject property is hereby recalled.
The Registering Authorities are directed to make necessary changes in the
records.
32. It is made clear that mere registration of the document does not confer
title on the subject property and it is also made clear that this order would
not have any bearing on all those matters where title/rights of the parties
are pending before the authorities either in revision/appeals for adjudication
and in any other case this order also does not preclude the parties in
asserting their rights before a competent Court of law. There shall be no
order as to costs.
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W.P. Nos.9645 of 2021 and 26353 of 2023
As a sequel, miscellaneous applications, if any pending, shall stand
closed.
_________________________________
JUSTICE N.V. SHRAVAN KUMAR
Date: 22.03.2024
Note: L.R. copy be marked.
B/o.
LSK
