1. Kothapalli Nagaraju v. 1. The State of Telangana

Order

Heard learned Counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record

2. Learned Counsel for the petitioners submits that this writ petition is filed by the petitioners questioning the proceedings in Lr.No,q,5 I 2825 / 2021, dated 10.06.202I and 29 .09 .2021 issued by the respondent No.2 in so far as lancls including in Sy.Nos.4 L /12 and 4Ll13 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District as illegal and arbitrary and requested to direct the respondent No.4 herein to forthwith register and release the General Power of Attorney (bearing P. No. 146 / 2024l' dated O1.03.2024 presented by the petitioners in respect of part and parcel of the land admeasurtng 5445 Square yards rn Sy.No.4 L / 13 / A, situated at Khanamet Village, -"'-;*-' a / \ 2 sr(, J W.P.No.B635 of 2024 Serilingampally Manda-l, under GHMC Serilingampally Circle , Ranga Recld-v District, without refcrence to Lettcr bearirrg l,r'.i\o.l}5/'28'251202L, datcd 10.06.202I ar-rd

29.O9.2021 isst.rcd bv the respondent No.2.

3. Learned. counsel for the petitioners further submits that n similar circumstances, this Court disposeci of the W. P.ltro. I 6 1 0c) r:rf 2024 on L9 .O7 .2024 by directing the respondent Authorities not Lhc Lr.No.ES/2525I2021, dated 1O.06.2021 and similar letter dated 29.O9.20211 as a reason for refusal of registration and reque sted to pass similar order in this writ petition also

4. On the other hand, the learned Assistant Gover:nment Pk:ader for Stamps and Registration is not

dispu ting the srrbmission made by the learned counsel for the petitioner u'ith regard to the disposal of W.P.No. 16109 of 20'24 dated 19.07 .2024

5. [n view of the above made submissions by both sides and lbr the reasons alike in the order in W.P.No.161O9 of \ i F.t I .. .. 1.1 ':.;-j .!+ n o \( 3 SK, J W.P.No.8635 of 2O24 2024, dated L9.O7 .2024, this writ petition is disposed of by directing the respondent authorities to receive and register the sale deed presented by the petitioners in respect of the \ subjcct plot without reference to the intimation of refusal Order dated 05.03.2024 of the pending Document No. P. L46 /2024 and subject to condition of the said document complying with the provisions of the Registration Act, 19OB and the [ndian Stamp Act, 1899. 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.

6. Miscellaneous Petitions , 7f any, pending in this writ petition shall stand closed. i I I I I i 4 sr(, J W.P.No.8635 of 2O24 C) o

7. Registry is directed to artnex copy of the order in W. P. N o. 16 109 ol: 2024, datcd 19 .O7 .2024 . ,,--_\ SD/. A.SRINIVASA REDDY ISTANT REGISTRAR i, I //TRUE COPY// SECTION OFFICER To,

1. The Frrincipal Secretary, Stamps and Registration Department, Secretariat, The State of Telangana, HYderabad.

2. The tlistrict Collecbr, Ranga Reddy District- 3. The t)istrict Registrar, Ranga Reddy District. 4. The .loint Sub-Registrar-1 and 2, RO (OB), District Register Office, Ranga Reddy District.

5. One,lC to SRI S liRlDHAR, Advocate [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State, of Telangana. [OUT]

7. Two CD Copies (Alorrg with a copy of the order WP.No.{6109 of 2024, dated 19.07.2024l. PVL PSK I HIGH COTIRT DATED:0Sl/09/2025 ORDER TASHL.i (,. 3 ?? JAlt z$zs :i, ':7 WP.No.8635 of 2024 *.- DISPOSIING OF THE WRIT PETITION WITHOLIT COSTS o \ I l.k \ 2 THE How'sLE sRr Jusrrcp r.v.sHnavaN KUMAR Writ Petition No.161O9 of 2024 ORDER: .The present writ petition is filed questioning the action of respondent No.2 in issuing proceedings in No.ESl2825/2021 dated lO.06.2O2l in Sy.No.41l5 of Khanamet Village, Serilingampally Man-d.Al, Ranga Reddy as being illegal and arbitrary and direct respondent No.4 to receive, register and release the sale d.eed pr.""rr,"d by the petitioner in respect of flat bearing No.405, IV floor of Vintage heights admeasuring L775 sq.ft., with undivided share of 54 sq.yds., situated at H.No.2-56lVH/4O5, Sy.No.41/5 of Khanamet Village, Serilingampally Mandal, Ranga Reddy (subject property) District without reference to the said proceedings dated LO.06.2O2l. Brief facts of the case:

2. The brief facts of the case are that the petitioner submits that he is the absolute owner and possessor of the subject propert;r, having obtained it through a registered j6lj:f.;,a::::,i:':j:,-li-,,.:'::'..',-.,,".,:.,.-,":. Development Agreement dated 1 7.05.20fi. petitioner submits that originally one Kaatika Sandaiah was the owner and pattadar of Ac.O. 12.5 gts., in Sy.No.41/5 of 3 Khanamet village,, which he sold through registered sale deeds to the vendors of the petitioner. Thereafter, the vendor- of the petitioner sold an extent of 491 sq-yds., out of ..1475 sq.yds., to the petitioner and one K' Srinivasa Rao throughregisteredsaledeeddated3l.o|.2013. Subsequently, petitioner and his co-owner gave the prope::ty to development under registered development agreernent-cum-GPA dated 17.08.2013 to one M/s.JPS Construction and thereafter the said JPS Constructions comp:.eted the construction of residential apartment and flat Nr.4O5 fell in the share of the petitioner herein.

3. It is submitted that to meet financial requirements, the petitioner wa.nt to sell the said flat and offered to sell to the lrurchaser uiz., Smt.Manasa Ratna, who agreed to purchase the same for a sale consideration of Rs.36,O0,OOO/- and entered into an agreement of sale. [t is also submitted that his vendees obtained loan from State ---Banl:-of -India and. when the sale deed was presented 'before -- - - ---resp<lndent-No.4 for registration, the same was refused for - registration and issued a refusal order dated 10.06-2021 tn which it is stated that the sy.No.allS of Khanamet village { 4 is kept 1n prohibited tiSt under section I2(Al of-16e Registration Act, 1908 (for short the Act' hereinafter) Questioning the same, the present writ petition is filed Counter affidavit bv resoon nt No 4z

4. A counter affidavit has been filed on behalf of Joint Sub-Registrar, RO (OB) stating that the petitioner so far has not presented any document to the Registering Authority and hence the question of neither receiving nor processing the document does not arise. He would deny that the subject plot of the petitioner is not prohibited property and no notification was ever issued under Section 22-A of the Registration Act, 1908 and also many sales took place till today and without any objection, they have been registered.

4.1. He would further submit that the subject propert5r is in prohibition as per the letter issued by the District ' Collector, Ranga Reddy District in sl O2l dated 29 .O9 .2021' in which it is Lr.No.E5/ land in Sy.No.41 / 1S Government land under Section 22(A)(1)(b) of the Act, and is prohibited for registration and the registeriqg authoritiqs 5 are bound by the instructions of the District collector, Ranga Reddy District. In view of the same, prays to dismiss the writ petition as it is devoid of merits. & coNcL N

5. This Court in the case of M/s.Inuecta Technologies Put.Ltd., a.nd others u- Gouernntent of Andhra Pradeshr has upheld the validity of Section 22(Hl of thr: Act and referred to the guidelines issued by Full Benclr of this Court in the case of Vinjamuri Raiagopala Chany u. Reaenue Depanttnent2- Section 22(A)(L) of the Act is; extracted herein for the facility of reference: Prohibition R n certo;in (l)The follouing classes of documents shall be prohibited from registration, namely: (a) documents relating to transfer of immoueable property, the alienation or transfer of utLtich is prohibited under anA statute of the State or Central Gouernment; (b) documents relating to transfer of --propertg-bE wag of sale, aEreement of sale,-gift, or lease in r-espect---oJ--tmmpy*blp - - propertg owned bg the State or Central ' zoz+ 1t1 ALT 272 2 2}lt; (2) ALD 236 (FI)) : 2015 SCC OnLine Hyd407 ' r , : . , :.' . . ..,, - 1, .; ..ii, ' i. .r.' "i ; ..'i:'.:;.ilt::ii i;.. , 6 Gouernmei[, exeiited bg- peisoii-, otnei tiai those stqtutorily empowered to do so; (c) d.ocuments relating to transfer of property bg uay of sale, agreement of sale, gift, exchange or lease exceeding (ten) 1O years in respect of immoueable propertg, owned bg Religious and Charitable Endowments fatting under the puruiew of the Telangana Charitabte and Hindu Religious Institutions and. Endowments Act, 1987 or by Wakfs fatting other than those statutoilg empowered to d.o so; (d) agricultural or urba.n lands declared. as surplus under the Telangana Lqnd. Reforms (Ceiling on Agricultural Holdings) Act, 1973 or the Urban Land (Ceiling and Regulation) Act, 1976; ,"(e)-ang*doetrtnznt*or*class-rcf*doanments.--.-*@ pertaining to the properties the State Gouernme:nt maA, bg notification prohibit the registration in which auowed or accrued interests of Central and State Gouernments, Local Bodies, Educational, Cultura\ Religious and Charitable Institutions, those qttached by Ciminal, Reuenue Courts and Dtrect a..nd ird ct rffii|Iffiffitffi tiKetg to ad.uerselg affect thos e interests. ,,,,,-r,., ],.:,,, .....:' .,:i.,.'- ..:::r-;.., ;r,:ir,..!,. ...,t'.i:"'..: ..' . .i1ll rit:;:'';. ili:..'at. -::;;.'i,.1:! .' i:. ::r':'. i r 7 (i. on a perr,rsal of the letter of the District collector inLr'No.ESl2825l2o2ldated2g.o9.2o2l,itisevident that <:ertain lanrls were placed in prohibitory list und'er Section 22(Al of the Act for implementation of the court orderr; dated 23.12.2015 in w.A.No.232 0f 2012. In the case of M/s.Inuectq Technologies Pt't'Ltd'' (supra)' w.A.1tro.232 0f 2012 which was referred in the aforesaid letter was also the part of the batch, wherein validity of section 22{Al has been upheld. In the said proceedings, it is submitted. that the list of Government lands in Serilingampally Mandal and Gandipet Mandal of Rajendra Nagar Division, Ranga Reddy District were submitted for taking further n.ecessary action. In other word.s, the list of properties whiCh 66ve -"Ueen* iaentinea as the Government land.s have only been referred for taking furtkter necessary action.

7. Section 22(A)(11(e) refers to any document or - clasti ._of d.ocuments- pertaini"ng- to the pr-opert-ies -the -state in which avowed or accrued interests of Central and State Govr:rnments, Local Bodies, Educational, Cultural, 8 Religious and Charitable Institutions, thoSe-attached Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect those interests

8. Section 22lA)l2l further mandates that 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.

9. The Division Bench of this Court in its judgment in Pt t.Ltd.rlsupra)*alspJeferred -- **. 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 poragraphs' 155 and 156 of its decision hetd as JOLLOU)S: (a Gouernment is empowered either suo motu or on -,.-#. .. tsrl_a'- .- against application to inclusioru of ang propertg in the prohibitory list consider the '--.'..-. - :- .'-:| 9 tlnder Section 22-A of Registration Act and is- olso empou'ered to de-notifu either in full or in part the notification issued under sub-section (2). In our opinion, the redressal mechanism is ,zuailable only with respect .. to notifications .oublished relating to the properties falling under clause (e) o.f Section 22-A. Hence, ang grieuance of the parties with reference to the properties couered by clauses (a) to (d) uill haue to be questioned bg the aggrieued parties only by appropiate proceedings before a competent Court and the adjudication bg such Court would be final. Iurther, so far as notifi"ed properties fatting under clause (e) are concerned, the redressal mechanism under subsectton (4) of Section 22-A tlould be able to effectiuely address tlrc grieuance prowded the mechanism ----*thereunder is effectiue,*expeditious ;*fair,*'and''- judicious. Thus, in order to make an effectiue red"ressal mechanism, we d.eem it appropriate to direct the respectiue Gouernments of both the States to constitute a Committee or establish a Forum within time frame, maA be comprising of Principal Secretarg of Reuenue, Director of Surueg and Lqnd Records and a rehred 'the':-iankrcfrufliffi, dl:gelrrhich- --:*"- shatt meet periodicaltg to consider the .. *-.grieuances of the persons-affected*bg .lhe notifications. The Committee shall be l0 emp,qwered to examine releuant redoids and then pass a reasoned order either accepting or rejecting the grieuance bg either confirming/ deleting/ modifging anA such property from the ..notified list of properties. In our uiew, such orders passed bg the Committee shall be binding on the State as well as on the aggrieued person and in the euent of ang of them being aggieued therebg, theg shall haue to approach a competent Court of Law fo, redressal of their grieuance.

156. We, thus, summarize our conclusions and., issue directions as follows: (t) The authorities mentioned. in the guidelines, which are obliged to prepare lisfs o/ properties couered bg clauses (a) to (d), to be sent to the registering authorities under the T:-'-proutsionstr"/=tRcgts.!.Y-titr_ffi et:s'hiill-'clearlg*ffi indicate the releuant clause und.er which each propertg is classified. (ii) Insofar as clause (a) is concerned, the concerned Distict Collectors shall also indicate the statute under which a transa"ction and its Further in respect of registration TS under clause (b), theg the properties owll the properlg. (iit) Insofar asparagrapls (3) .and (4) in the Guid.elines, coueing prope'rti..i* und.er clause (c) 11 a"nd. (d) are concelTled, the authorities ,:ontemplatetd therein shall also forutard to the registering authorities, along with lfsfs, the extracts of registers/ ga-z'ette if the property is couered- by either endowment or wakf, and declarations/ orders made under the prouisions of Ceiling Acts if the property is couered under clause (d). (iu) The authorities forwarding the lisfs o/ properties/'lands to the registering auttnity shalt also upload the same to the website of both the Gouerrtments, namely igrs.ap.gou.in of the State of Andhra Pradesh and registration.telangana. gou.in of the State of Telangana.. If there is any change in the website, the State Gouernments shall indicate the same to all concerned, mag be bg issuing a press note -- ^-' --or an aduertisement*in*prominent *dailg''news papers. (u) I[o notification, contemplated bg sub- section (rl) of Section 22A, is necessqry utith respect to the properties falling under clauses (a) to (d) of sub section (1) of Section 22-4. of Section 22-A shall be (ui) The properties couered under clause (e) in the official *g az ett e of the'St at e'Governrnbintsro ndt halt -b e forutarded, along with the list of properties, and a copA of the releuant.notification/-gazette, to the concerned registering: autlwities - und.er the . ,.i - 1 't ., .. ..,t t r' .,'..,,.. :rri. r$:+.r.",iu#,:I:fi*-i::;l*:i,;i1.:. , ;, .. ;. . t-.' . :. .rt: : ,.-..-.....,.r .i 1 ..f ..f.:. ";,-r.iii.,.,l; t2 - - prouisfons of Regisiiatioi Act and shall qlso place the said notification/gaz,ette on the aforementioned websites of both the State Gouernments. The Registering authorities shall make auailable a Notification/ Gazette on an application made bg cop.A of o"n aggrieued partg. (uiil The registering authoities would be justified in refusing registration of documents in respect of the properties couered ba clauses (a) to (d) of subsection (1) of Section 22-A prouided the authorities contemplated under the gatdelines, as aforementioned, haue communicqted the li.sts of properties prohibited under these clauses. (uiii) The concerrled authoities, uhich are obtiged. to firnish the lists of properties couered. to',(d):bf :strbffi,AiffiaflTtrf f,er]fi o-nY*:." 22-A, and the concerned Registering Officers shall follou the guidelines scrupulouslg. , .r'+'::,tin. ;l' .'-j. _ ;. .1,.. . . ' (tx) It is open to the parties to a d.ocument, if tlle releuant propertg/lond ftnds place in the list of properties couered bg clauses (q) to (d) of sub-section (1) of Section 22-A, for its fron the list or to, guidelines. The concerned authorities are perspectiue and pass appropiate-oider within ,_ i.. . t, : - : .r. : . ' , ;: - ... :..i:,:.:.::i: ' :..:.::i.ii-,,.,.j.ir:,.',1':il"!.'.ii,ij:.: l . .'tl.,,,, :::1i:., i'i'r'. j.: - .- ' ' j ', ' 13 srx weeks from the date of recetpt of the " ctpplication and make its copy a"uailable to the concerrLed partY. .Committees (x) The redressal mechanism under Section to be 22-A(4) sha.ll be before the <:onstituted by respectiue State Gouernments as directed in paragraph'3S.7 aboue. The State ,Gouernments shall constitute such committees within eigTht weeks from the date of .ororlouncemerut of this judgment. (xi) Apart from the redressal mechanism, it is also open to an aggrieued person to approach appropriatet forum including Ciuil Court for either seeking appropriate declaration or deletion of his property/land from the list of prohibited properties or for ang other appropriate relief. (rcii) The directions issued bg learned -single Jud"ges in six;iudgments -(W,P-,1{o.2 77 5 -of -- 2009, dated 15.03.2O11; W.P.iVos. 2OO50 of 2011 and. batch, dated. 08.09-2011; W.P.No.26566 of 2011, doted 1B-O1.2013; W.P.No.3O526 of 2012 and batch, dated 31.12.2O12; W.P.No.31409 of 2014, dated 29.01.2015 and W.P.No.245B7 of 2O14 and batch O1.06.2015) or anq other judgments *d,ealing ruti.th-the are inconsistent with the obseruations made or -.dir e ctio n s i s sue d" in -this -judg rue-n t J;tis -tnade clear that the obseruations,mdde and dir-ections - j.i;;."..: ., :,r..,' -..:.,;:: t:,._,: .". .::,,;.j..j.:' :,ij:.:n:,j,rl,it ..:,' t4 issued in thii judgmei{ shalt py"uoit aid woitd be binding on the parties including the registeing authorities under the Registration Act or Gouernment officials or the officials under the Endowments Act, Wakf Act ond Ceiling Acts. NVSK, J 24 W.P. Nos.9645 of 2021 and 26353 of 2023 (xiii) If the partg concetrled seeks ertracts of the list/ register/ gazette of properties couered by clauses (a) to (e) of Section 22 A (7),,receiued by the registering fficer on the basfs of which he refused. registration, it shalt b;b furnished. within 10 d.ags from the d.ate oJ an application mad.e by the aggrieued. party. (xiu) Registeing fficer shall not act and. refuse registration of a document in respect of anA property furnished to him directlg bg ang @**--:-'-''|-autlfdiitgTqffiW,Wr;::**the@ ' :':'lir:rtt'*i1:l'i'Iir'r-::::i++ir . "."i. officers / authoitie s me ntione d. in the Giid"eline s. (xu) Mere regitstration of a doctqment shall not confer title on the uendeb/ alienee, if the property is otlrcrwise couered ,bU clauses (a) to (e), but did not bg the .,., officers. remedy a (e) of sub-section (1) of Setdion 22-A fs to approach =-appropriate relief. I i, "1- --4.;+'r-.---i'vaffi- t -f ..- f . 15 'lo: In the case on hand, in the collnter affidavit'-"- which is filed along with letter dated 29.09.2021, the subjec,t land i.e., Sy.No.4l15 of Khanamet village falls in Sl.No.52O.Subsequentto.thesaidletter,neithera notification notifying the subject lands in prohibitory list has been issued. as mandated under clause (e) of Section 22(^|(l) (extracted, supra) nor the said lands are notified in the c,fficial gazette of the state Governments as per Guide line (vi) issued by Full Bench of this court as cited supra. 1 1. Learned Assistant Government Pleader for stamps and Registration has not disputed the same.

12. It is etlso pertinent to note that in the case of Vinjatnuri Raiagopo,la Chary /Supra) at paragraph 156 the I'ull Bench of this Court had summarized and issued directions. As per the Guideline (v), no notification is of the ted under sub-section of Section to (d) of sub-section (1) of section 22(Al. As stated earlier, per Guideline (vi),-the prdFertids*Covered tinder cLause t6 (e) of Section 22-A shall be notified in the officiaL Gazette of .1 - -- .. . . -:.... -- . :..-::::-':-. --:_ ." the State Governments and shall be forwarded, along with the list of properties, and a copy of the relevant notificationf Gazette, to the concerned registering authorities under the provisions of the Act and shall also place the said notificationf Gazette on the websites of both the State Governments

13. As such, the letter dated lO.06.202l in Lr.No.ES /2825/2021 and the similar letter dated 29.O9.2O2L in which reference of letter dated LO.O6.2O2| was made, are only letters submitted by District Collector, Ranga Reddy District to District Registrar, Registration & %t6ltripS*Depiirtment i..!.tr.r.i:!,iJt.: .:r;:- : further necessary action and '',.i- . .a,i.j,.pii: . <. ..i.ii.:.:,i:i -..:,. 4t:. i r.. ., .,i; :, ..i..::i.i,. that.cannot be .J.:ii,;++s .;: i,;+ri,-i -.'_:*.-..+rr{!*€*.4m1 the basis for refusal for registration of the subject property. It is also pertinent to note that subsequently, flo notification was 1n ties withr re . . "

1. ....i ..j ,: o.' list,of - and the similar letter dated 29.09.2021 submitted by District Collector, Ranga Elg!-, ,t9 -.DJstrict . -Registi: ar';-Registration- -& sta-mps DepErrtrnent; --Ranga Reddy District are not in consonance to the provisions of sectio:n 22-A of the Act and 22(Al(1)(e) and clause (vi) of ,he grridelines and. the same cannot be referred for the purpose of denyrng registration of the subject properties. consequently, reference made uide Lt.No.E5 /2825 1 2021, dated 10.06.2021 and similar letter dated 29.O9.2021 ate per se illegal, arbitrary and bad in law and are hereby set aside and writ petition stands allowed. Registering Authorities are ctirected to receive, register and release the sale ,leed presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Ind.ian Registration Act, 1908,'and ps Act, 1 99 t open to e Authrtrity to refuse to register the subject document, by specifically assigning the reasons in terms of Section 7-l of the lr.ct, 1908 and communicate the said decision to the ',t, petitioner. : -' 'r' :' l' 1-.,.;, -r-:.i,:.. +.4-.j...- i,; . .,.:-..,. S i' J :';,; - riti'"iil*,*xr shall scrupulously follow the directions and shall not furttLer refer to the Lr.No.ES 128251-2,O ,10.06 ':..:'. , 18 and similaf letter dated 29.09.2:021 aS a reasbn fof iefusal : -.:,'--1,- .,,::,.- of registration and Registering Authorities shall verify the same before denying the registering on the similar ground which has already been addressed in this writ petition. 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.

5.*"nccordingbT*Writ--f,Peft i6ft i"i'1ffi ll6we-t1*{,riith-:theffi above observations .r.l r..ii"rt; .;.:" ., Miscellaneous petitions, pending, if ary, shall stand closed. However, there shall be no order as to costs. ' MRM Note: L.R.Copy to be marked. .---ry.a.r_ -'*A.at-itltigxrf?tqa: _ r, N.V.SHRAI/AN .KUMART,,J .' i-:,'r ..--';: