The High Court · 2025

E1lMDL/D1/15 3212017'1 , Revenue (Registration)' dated G.O.lvls No. 121 Lr Section 22-A of the Registratirln Act' vide Gazette 24 07.2024, and t 83, communicated by the Joint Colletlor' Rangareddy' vide Notif ication RR No dated 25 09 2013, and DePutY File No E5/4730/Q uth bullap u r/Gaju la ramaram l, File No P,t58212012, dated Collector and Tahasildar, Quthbullapur Manda 17 .02.2012, as illec,;al arbitrary and u n constitutiona I And consequently, to d irect Respondent No. 3' to recetve and register the Sale D:ed Presented bY the Petitioners in respect of the said Plot No 08, admeasurirg 345 00 Sq Yards or 49/7, situated at Gajularamaram 288.42 Sq. Mtrs. forming part of Survey No Circle, ()trthbullaPur, Medchal- Village, Quthbullapur tr/landal' under GHMC eference to the above-mentioned Malkajgiri District Telangana State' without r 3. 36fl 1sl61ed communications' G O.Ms. No '121. Gazette Notification RR No B lA NO:1 oF 2025 petition under section 151 cpc praying that in the circumstances stated in the affidavit filed irr strpport of the petition' the High Court rnay be pleased to direct Respondent No 3 to recerve' register the Sale Deed in |espect the Plot No 08' admeasuring 345 00 Sq Yards or 288 42 Sq Mtrs' fornring part of Survey No 49/7, situated at Gajuraramaram Viilage, euthbuilapur Mandar, under GHMC Circle, Quthbullapur, ttiledch al-lVlalkajgiri District' Telangana State' on the ground that the survey number in which the petitioners property is situated has been notified as a prohibited property under G O'Ms No 121 ' Lr' No EilMDL/Dr/i5 3zr2oi7_ 1 Revenue (Registration), dalecl 24.07.2024, and under Section 22-A ot the Registration Act' vide Gazette l'lotification RR No 83' communicated by the Joint Collector' Rangarerody' vide File No dated 25092011]' and Deputy Collector and Tahasildar, Quthbullapur Mandal' File No Bl5B2l?-012' dated 17 02.2012' Pending Disposal of the Writ Petition' E5/4730/Quthbullapur/Galularamaram' Counsel for the Petitioners: SRI K'KARUNAKAR - - counsel for the Respo"d;;; ACi;-ion srlurps AND REGlsrRATloN The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.9663 of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents' With their consent, this writ petition is disposed of at the stage of / admission.

2. Learned counsel for the petitioners submits that this writ petition is hled by the petitioners questioning the action of the Respondent No.3 in not receiving, registering and releasing the SaIe Deed presented by the Petitioners in respect of Plot No.08, admeasuring to arr extent of 345.0O Square Yards or 288.42 Square Meters forming part of Survey No.49 /7, situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC Circle, Qqthbullapur' Medchal-Matkajgiri District, on the ground that the survey number in which the Petitioner' property is situated has been notified as a prohibited property under 2 SK, J W.P.No.9663 ot' 2025 Lr.No.E1 /MDLlDl /t532l2Or7-1, dated 2+.O7.2024, and under Sectron 22 A of the Registration Act, uide Gazetle Notificatlon RR No.83, communicated by the Joint Collec tor, Rangareddy, File No. E5 / 4730 / Quthbullapur/ Gajularamaranl, 25.09.2013 and Deputy Collector and Tahasildar, Quthbullapr-rr Mandal, File No.Bl582/2012 dated t 17.O2.2012 3 I-carned counsel for the petitioners further submits that for sarne issue in same survey numlter of the same village, this Court allowed the W.P.No.l2OO8 of 2024 on O1.O5.2024 and requested to pass similar crder in this writ petition aiso 4 On the other hand, the Iearned Assistant Governmenl Pleader for Stamps and Registration is not disputing the submission made by the learned counsel for the petitionr:rs 5 In view of the above made subm..ssions by both sides and for the reasons alike in the order in 3 sI(, J W.P.No.9563 of 2O25 W.P.No.12OO8 of 2024, dated 01.O5.2024, this writ petition 1S disposed of directing the Registering No.3 to receive, process, register and release the Sale Deed in respect of Plot No.08, admeasuring to an extent of 345.00 Square Yards or 288.42 Square Meters forming part of Survey No.49 17, situated at Gajularamaraln Village, Quthbullapur Mandal, under GHMC Circle, Quthbullapur, Medchal- I Malkajgiri District, within a period of four (4) weeks from the date of receipt of a copy of this order, subject to the petitioners complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse/receive the documents ipresented before him, if he has any other objection, by duly assigning reasons m support of such decision and communicate the said decision to the petitioner. 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 aII those matters where title/rights of the parties are pending before the authorities either in , , 4 SI(, J W P.No.9663 of 2025 revision/appeals for adjudication and in anyother case this order also does not preclude the parties in asserting their rights before a competent Court of law. However, there shall be no order as to costs.

6. Miscellaneous Petitions , if any, perrrling in this writ petition shall stand closed.

7. Registry is directed to annex copy of the common order in W.P.No.12008 of 2O2+ and batch, dated

07.o5.2024 t To //TRUE COPY/i SD/-T. TIRUMAL DIEPUTY REGI EVI RAR SECTION FFICER Secretariat. Hyderabad, State of Telangana Pin. 500 02i'.. 'l . The Principal Secretary, Revenue Department (Stamps and Registration), 2. The District Registrar, Medchal-lrilalkajgiri District, Telanllana-500 047 3. The Sub-Regisfrar. Quthbullapur, Medchal-ttlalkajgiri District, Telangana-500 055

4. The Collector, Nrledch al-ltila lkajg iri District, Telangana-500 047. 5. The Tahasildar Quthbullapur [V]andal, [/ledchal-lVla lkaigi 'i District, Telangana- 6 One CC to SRI K.KARUNAKAR, Advocate [OPUC] 7. Two CCs to GP FOR STAIVIPS AND REGISTRATION, Fligh Court for the 500 055. State of Telangana, at Hyderabad. [OUT] B. Two CD Copies (Along with a copy of the common order in WP.No.1i!008 ol 2024, dated 01.05.2024l. PSK L}S ) r:-.: - -..r1; | ,r, ( HIGH COURT DATED:0210412025 ORDER WP.No.9663 of 2025 Ttl! Bo k i" i...--(\ c (-) 21 Arit 2U25 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ &\ 2( STHE HONOURAELE SRI .IUSTICE N.V. STIRAVAN KUMAR W.P. No.12OOB of 2O24 ORDER: Hea-rd the leamed counsel on either side and perused the material made available on record. With the consent of both the parties, this writ petition is disposed of at the threshold.

2. This writ petition has been filed challenging the action of the Registering Authorities in refusing to register the subject documents based on the Gazette Notihcation R.R. No.83, dated 25.O9.2O 13. ,

3. The learned counsel for the petitioner would submit that the subject matter of this writ petition is squarely covered by the common order dated

22.03.2024 passed in W.P. Nos.9645 of 2O2l and W.P. No.26353 of 2023 by this Court. The learned counsel would further submit that this Court, while granting interim order dated 28.O4.2021 in W.P. No.9645 of 2O2l l:.ad stipulated a condition not to resort to further conveyance of the subject property without leave of this Court and similarly in W.P. No.26353 of 2023 this Court, while granting interim order dated 22.09.2023, had prohibited the parties from proceeding with further conveyance of the property except on obtaining required permission from this Court.

4. On the other hand, the learned Assistant Government Pleader appearing for the Stamps and Registration did not dispute the submissions made by the learned counsel for the petitioner. 2

5. At this juncture, it is significant to note that the I)ivision Bench of this Court vide its cornmon order dated lg.lO.2023 passed i.n W.P. No.283OO of 2OO7 and batch had dealt with the validity of Section 22-A of the Act as incorporated in the Registration Act, 1908 and the Ame n.ded Act, 19 of 2OO7 with effect from 20.06.2OO7 and had upheld the validity of the Section 22-A of the Act.

6. Having gone through the material made availab le on the record and the submissions made by the learned counse I on either side, it is essential ald necessary to excerpt the relevalt para Nos.23 to 32 of the .6-r.ro., order derted 22.03.2024 passed in W.P. Nos.9645 of 2O2l and. 26353 of 2023 by this Court, which reads as under: "23. From a perusal of the Notihcation in R.R. No.83, drLted 25.O9.2O13, the subject lands were notihed under Section 22-A (1)(a) for the purpose of Section 22-A(1). It is only a notice given inviting objections ald suggestions or.r the above proposal from all persons who are likely to be affected thercby for being taken into consideration by the Government. The details of the properties mentioned in the annexure states that the subject lands are Government lalds.

24. Section 22-A (1) (e) of the Act manifests that arry dooLLments or class of documents pertaining to the properties, the State Gov€n:rment may, by notification prohibit the registration in which avowed or il clrued interests of Centra-l ar'-.d State Governments, Local Bodies, Educational, Cultural, Religious arld Charitable Institutions, those attached b1. Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws arld c thers which are likely to adversely aJIect these interest. Section 22-A (2) reads as under: "(2) For the purpose of Clause (e) of sub-secticn (1), the State Government shall publish a notihcation after obtaining reasons for arld full descriptron of properties fumished by the Dis trict Collectors concerned in the manner as may be prescribed."

25. It is pertinent to note that in the case of Vinjarnuri Rajagopala Chary (Supra) paras 156 had surnmarized ald issued directions. As per the Clause (d 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), ttre properties covered under clause (e) of Section 22-A shall be notified in the oflicial Gazette of the State Governments and shall be forwarded, along with the list of properties, and a copy of the relevant notiftcation/Gazette, to the concemed registering authorities under the provisions of Registration Act and shall also place the said notihcation/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. E5/473O / 20 1 3 I Quthbullapur/ Quthbullapur, dated 25.09.2013, which according to the District Collector were classified as Government lands and a Notification was i.ssued calling for objections/suggestions before placing for prohibitions. Section 22-A (1) (e) and (2) stipulates that if arry land is classihed and determined as Government land, the Government shall publish an official Gazette notifi.cation a-fter obtairirrg reasons for and full description of properties fi-rrnished 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) ald 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 tl;re Act, whereby such lands have to be notified iI the ofliciaL Gazette of the state. The Notification in R.R- No.83 dated 25.O9.2O13 communicated by the Joint Collector, Ranga Reddy vide File No.E5/4730l2O 13/Quthbullapur/ Quthbullapur, dated 25.O9.2OL3; Deputy Collector and Tahasildhar, Quthbullapur Mandal, File No.B/583/2012, dated 17.O2.2O 12 and the Gazette Notification No.134, dated 10.03.2OO5 and G.O.Ms.No.292, Revenue (Registration-I), 96 March 2OO5 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide File No.Gl /4667 /2OO5, dated O2-O7.2OO5 are not in accordance with the provisions of the Section 22-A (r) (e) and 22 (1ll2l and also as per Clause (vi) of the guidelines issued in the case of Viujamuri Rajagopala Chary (Supra) and tJle same cannot be the basis for denying for registration ofthe subject properties. 4

27. Further. the Tahsildar vide File No.B/583/2012, dar-ed 17.O2.2O72 had notified the particular property as the Governnent land and requested the Sub-Registrar not to register any deed of conveyance. The District Collector on 25.09.2013 had issued prelimiriary notification calling for ob-rcctions and the said notification was found to be defective by this Court in W.P. No.19069 of 2OL4 dated 25.O8.2014. 2a. It is also pertinent to note that in the counter hled i:r W.P. No.26353 of 2023 prohibiting transfer/registration that subse,fuent to the Notification in R.R. No.83 dated 25.09.2013 the answering respondents have not taken any steps in noti8ang in tlle offrcial (iazette of State Government rn terms of the gr.rideline No-(vi) issued by tlLe FuIl Bench in the case of Vinjamuri Rajagopala Chary (Supra).

29. As sucir, the Notification in R.R.No-83 in File No.E5/473O/2O13/ Quthbullapur/ Quthbullapur, dated 25.O9.2013, is only zr notice given for inviting objections and suggestions arld this cannot be the basis for refusal for registration of the subject properties. In vit:vr of the same, Gazette Notification in R.R. No.83, dated 25.O9.2013, c('mmunicated by the Joint ,:lollector, Ranga Reddy vide File No g,5l4730l2073l Quthbullapur/Gajularamaram, dated 25.09.20 13, 2) Deputy Collector & Tahsildar Quthbullapur Mandal, File No.B/583/2O 12, dated 17.O2.2O 12 and the Gazette Notihcation No,134, dated 10.03.2005 and G.O.Ms.No.292, dated 09.03.2005 are not in consonalce ro the provisions of Section 22- A. of the Registration Act, 1908 and 22-AllJ{el and Clause (vi) of the guidelLnes ard the same carnot be referred for the purpose of denying regrstration of the subject properties- Conseqrtently, reference made vide in File No. E5/473O/ 2013/Quthbuilapur/Gajutararraram, and File No. E5 / 4 730 / 2013 / Quthbullapur/Quthbutlapur, dated 25.O9.2O73 and File No.B,/583/2O)-2 dated 17-02.2O12 of the Tahsildar, Quthbullapur Mandal, are declared as illega1, arbitrary ard bad in larl'arrd are hereby set aside-

30. Accordingly, W.P. Nos.9645 of 202L and 26353 of 2C23 are allowed

31. This Court on 22.09.2023, while directing the Regis tering authority to receive arrd process the document without reference to the letter dated 17.O2.2O12, and the Notihcation 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 2O2l and 26-i53 of 20231 arc 1 i 5 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 alrd it is a-tso 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 ' 7 . Since the issues involved in this writ petition are similar to those that have been considered by this Court in the common order dated 22'03'2024 passed in W.P. Nos.9645 of 2O2l ard 26353 of 2023 and for the reasons alike, this writ petition is allowed in terms of the common order dated

22.09.2024 passed in W.P. Nos.9645 of 2O2l arrd 26353 of 2023 by this Court.

8. Consequenfly, the respondent No.3 is directed to receive, process, register alld release the sa_le deed in respect of Plot No. 17, admeasuring 300 Sq.Yards or 250.8 Sq Mtrs in Survey No.4917, situated at Gajularamaram village, Quthbullapur Manda_l under GHMC Quthbullapur circle, Medchal- Malkajgiri District, within a period of three weeks from.the date of receipt of a copy of this order, subject to the petitioner complying with the provisions of the Indian Registration Act, 19O8, and Indian Stamps Act, 1899' It is a-lso open to the Registering Authority to refuse/receive the documents presented before him, if he has any other objection, by duly assigning reasons in support of such decision alld communicate the said decision to the petitioner. It is made clear that mere registration of the document does not 6 I confer title on the subject property and it is also made clear that this order would not have anl' bearing on all those matters where title/rights of the parties are pending before the authorities either in :evision/appea-ls for adjudication and ir.r aly 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. As a sequel, miscellaneous applications, if any pi:nding, shall stand closed Date': O1.O5.2O24 SHA JUSTICE N.V. SHRAVAN KUMAR i I I , I i I I i) i