High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that rn the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order, or direction, more particularly one in the nature of a Writ of Mandathus, declaring the inaction of Respondent No. 3 in not receiving, registering, and releasing the Sale Deed presented by the Petitioners in respect of Plot No. 31, admeasuring 300.00 Sq. Yards or 250.80 Sq. Mtrs, forming part of Survey No. 49/7, situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC Circle, Quthbullapur, Medchal-Malkajgiri District, Telangana State, on the ground that the survey number in which the Petitioners' property is situated has been notified as a prohibited prope(y under G.O.Ms. No. 121, Lr. No. E|tMDLlD11153212017-1 , Revenue (Registration), daled 24.07.2024, and under Section 22-A of the Registration Act, vide Gazette Notification RR No. 83, i' communicated by the Joint Collector, Rangaredcy, vide File No E5/4730/Quthbullapu r/Gajularamaram, daled 25.O9.2013, and Deputy collector and Tahsildar, Quthbullapur I\4andal. Frle No. P,158312012, daled 17 022012, as illegal, arbitrary and unconstitutional, And consequently, to lirect Respondent No. 3 to recerve and register the sale Deed presented by the Petitioners in respect of the said Plot No. 3'1 , admeasuring 300.00 Sq. Yards or 25r1.80 Sq Mtrs, forming part of Survey No. 49/7, situated at Gajularamaram Village, Quthbullapur Mandal, under GHtr,4C Circle, Quthbullapur, Medchal-Malkajgiri Dislrict, Telangana State, without reference to the above-mentioned G.O.Ms. No, 't 2 1, Gazette Notification RR No.83, and related communications. lA NO: 1 OF 2025 a Petrtion under Section 15'l CPC praying that ln the c rcumstances stated in the affidavit filed in support of the petition, the High court m;rv be pleased to direct Respondent No. 3 to receive, register the Sale Deed in reipect the Plot No. 31, admeasuring 300.00 Sq. Yards or 250.80 Sq. lVltrs, forming part of Survey No. 49/7, situated at Gajularamaram Village, Quthbullapur N4andal, under GHMC Circle, Quthbullapur Medchal-Malkajgiri District, Telangana State' on the ground that the survey number in which the Petitioners' property is situated has been notified as a prohibited prope(y under G.O.Ms. No 121 , Lr. No. E1lMDL/D1/1532t2017-1, Revenue (Registration), dated 24.O7 2024, and under Section 22-A of the Regrstration Act, vide Gazette No:ification RR No 83' communicated by the Joint Collector, Rangaredc y, vide File No. E514730/Quthbu llapur/Gajularamaram, dated 25.09.20.13, and Deputy Collector & Tahsildar. Quthbullapur Mandal, File No 8.158312012, daled 17.022012, Pending Disposal of the Writ Petition. Counsel for the Petitioners: SRI K.KARUNAKAR Counsel for the Respondents: AGP FOR STAMPS AND RE:GISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.9778 of 2025 ORDER: Heard learned counsel for the, petitioners ald 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 counsei for the petitioners submits that this writ petition is hled by the petitioners questioning the action ol the Rcspondent No.3 in not receiving, registering and releasing thc Sale Decd prcsented by the Petitioners in respect of Plot No.31, admeasuring to an extent of 300.00 Square Yards or 250.80 Square Meters forming part of Survey No.49 /7 , situated at Gajularamaram Village, Quthbullapur Manda-l, under GHMC Circle, Quthbullapur, Medchal-Malkajgiri District, on the ground that the survey number in which the Petitioners' propert5r is situated has been notified as a prohibited property 2 sr(, J W P,No.9778 of 2025 Lr.No.E1/NIDLIDI I 1532l2Ol7-1, dated 24'O7'2024' and under Seclion 22-A of the Registration I'r:t, uide Gazette Notihcation RR No.83, communicated by the Joint File Collector, No.E5 / 473 ( ) I 20 13 I Quthbullapur/ Gajula R amaram' dated 25.Og.2Ol?, and Deputy Collector iurd Tahasildar' Quthbullapur Mandal, File No'B/5133/2012 dated RangareddY , t'ide t7.o2.201?-. Lcitrued counsel for the petitioner'; lurther submits 3 that for same issue in same survey nunrber of the same village, thrs Court allor,r'ed the W'P'No'1:2008 of 2024 on Ol.O5.2O2'+ zrnd requestt:cl to pass similar order in this writ petition also. On the other hancl, the lt. arned Assistant 4 Governmct-tt Pleader for Stamps ar-rd Rt:gistration is not disputing the submission made by the learned counsel for the petitioners In vieu' of the above made submissions by both 5 sides and for the reasons alike in the order in :i 3 SI(, J W.P.No.977E of 2025 W.P.No.12OO8 of 2024, dated 01.05.2024, this writ petition is disposed of directing the Registering No.3 to receive, process, register and release the Sale Deed in respect of Plot No.31, admeasuring to an extent.of 3OO'00 Square Yards or 250.80 Square Meters forming part of Survey No.49 17, situated at Gajularamaram Village, Quthbullapur Mandal, under GI-IMC Circle, Quthbullapur, Medchal- 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 presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that mere registration of 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 I I 4 sr(, J W.t .No.9778 of 2O25 'tY I & revision/appeals lor adjudication and in an\. other case this order also does not preclude the parties in asserting their rights beforc a oompetent Court of law. Flowever. there shall be no order as to costs 6 Miscellar-reous Petitions, if aly, pencting i r-r this writ petition shall stand ciosed. 7 Registry is directed to annex copy ,tl the common order in \trr.P.No. 12008 of 2024 and ba1ch. dated o1.o5.2024 SE),.T. TIRUMAL DEVI DEPUTY REG TRAR //TRUE COPY// SECTION FFICER -:::':::"" ,,y hfl1 ffi 3,",€:Yi3:flei[,:$ L:l'9T%: i"' To 1 rhe principar iecrerary. n:1j[fipffi Lr: ji a sru +:1, :t I n, s o o , ? f; :'i1:fi1\ Hxl:i?tr S tn" Srb-Registrar, Qut t, iffi ?:Jl::lt'"'41?iil,uill'fi :i?:::'ffi :,"fl 3 i:fl'Tf;i il 8iJ "' rera n g a n a. r t tj;+",",:q*ffiffiffi$B'iE: 8. Two CD CoPies (Along with a c 01.05.20241 opy of the common order in WP'No 12008 of 2024' dated {?ExrtN F s h c'u * r'r'ihe I'SK I}S qP '"-":P:''-rt / HIGH COURT DATED:0210412025 ) ORDER WP.No.9778 of 2025 i',_ ,li.i, SLI; 6 .4 /- '-) iu, l(- l) 1 Aii 2m C) DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ (\ i i 3THE HONOI'RABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.12OO8 of 2o24 ORDER: Heard the learned 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 fited challenging the action of the Registering Authorities in refusing to register the subject documents based on the Gazette Notification R.R. No.83, dated 25.09.2013.

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 leamed counsel would further submit that this Court, while granting interim order dated 28.04.2021 in W P. No.9645 of 2O2l had 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. J 1 2

5. At this juncture, it is signifrcant to note that the Division Bench of this Court vide its common order dated 19.1O.2023 passecl in W.P. No.283OO of 2OO7 and batch haci dealt with the validity of Section 22-A of the Act as incorporated in the Registration Act, 1908 and the Amr:nded Act, 19 of 2OO7 with effect from 20.06.2007 and had upheld the validir.y. of the Section 22-A of the Act.

6. Having gontr through the material made availabb on the record and the submissions made by the learned counscl on either side, it is essential ald necessarv to excerpt the relevant para Nos.23 to 32 of the .r'o-rno., order d:rred 22.03.2024 passed in W.P. Nr:s.9645 of 2O2l and 26353 of 2023 by ihis Court, which reads as under: "23 From a pcmsal of the Notrficatron in R.R. No.83, d rted 25 09 2013, the subject leLnds rverc notilied under Section 22-A (1)(a) frr the purnose of Section 22-All). It is only a notice given inyiting ,rbjections and suggestions (rn the above proposal from all persons whc are likely to be affected ther, lrv for bcutg taken into consideration by rhc Covcrnment. The details cl the properties mentioned in the annexurr: states that the subject lands :rre Government lands.

24. Section 22 A (1) (c) of the Act manifests that any do,lrments or class of documents perlaining to the properties, the State Gov(.rnment may, by notification prohibit the registration in which avowed or:rccrued interests of Central and State Governments, Local Bodies, Educi:tional, Cultural, Religious ancl Cl'raritable Institutions, those attached b_v 13iri1, Criminal, Revenue Courls and Direct and Indirect Tax Laws arrd <,t.trers which are likely to adversely affect these interest. Section 22 A (2) reads as under "(21 For the purpose of Clause (e) of sub-sectic,n (1), the State Government rliall publish a notiircation after obtaining rt-,asons for ald full descripbon oI properties furnished by the District Collectors concerned in lhe manner as may be prescribed." 3 25- It is pertinent to note that in the case of Viljanuri RaiagoPala Chary (Supra) paras 156 had summarized and issued directions. As per the Clause (v) no notifrcation 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 ollicial 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 sha1l 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 Notifrcation in R.R.No. 83 in File No.E5/47 30 I 20 13 I Quthbullapur/ Quthbullapur, dated 25.09.2013, which according to the District Collector were classified as Government lands and a Notilication was issued calling for objections/ suggestions before placing for prohibitions. Section 22 A (1) (e) and (2) stipulates that if any land is classihed and determined as Government land, the Government shall publish an official Gazette notification after obtaining reasons for and full description of properties furnished by ttre 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 FuIl Bench in the case of Viajamuri 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 l}:e Act, whereby such lands have to be notified in t.le officia-l Gazette of the State. The Notfication in R.R. No.83 dated 25-09.2013 communicated by the Joint Collector, Ranga Reddy vide File No.E5/4730/2O13/Quthbullapur/Quthbullapur, dated 25.O9.2013i Deputy Collector and Tahasildhar, Quthbullapur Marrdat, File No.B/583/2012, dated 77.O2.2O 12 and the Gazette Notification No.134, dated 10.03.2005 and G.O.Ms.No.292, Revenue (Registration-I), 9s March 2OO5 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide File No.Gl /4661/2005, dated O2-O7 -2OO5 are not in accordance with the provisions of the Section 22-A (1) (e) and 22 (71(2) and also as per Clause (vi) of the guidelines issued in the case of Vinjamuri Rajagopala Cha:y (Supra) and the same cannot be the basis for denying for registration of the subject proPerties. 4 iri al*

27. Furthcr, tlrc Tahsildar vide Fite No.Bl583/2012, dated 17.O2.2O12 had notihed the particular property as the Governnrent land and requested th(' Sub Registrar not to register any deed of,:c,nveyance. The District Collcctor on 25.09.2013 had issued preliminary notification calling for oblcctions and the said notification was found :o be defective by this Court in lV.P. No.19069 ot 2014 dated 25.08.2014.

28. It is also pertinent to note that in the counter hled in W.P. No.26353 ol 2023 prohitriting trans fe r/ registration that qubriequent to the Notification ir R.R. No.83 dated 25.09.2013 the answe ing respondents have not tal<cn any steps in notifying in the offtcial Gazette of State Government ln terms of the guicteline No-(vi) issued by I rc Full Bench in the case of Vinjamuri Rajagopala Chary (Supra).

29. As such, lhe Notification in R.R.No.83 in File No E5/473012013/ Quthbr,rllapu r ,r Qrr thbullapu r. dated 25.O9.2O13, is only i notice given for inviting objer uons and suggestions and this cannot l)e the basis for refusal for rr q]stration of the sub.jcct propcrties, [n vi:rv of thc same, Gazette Notil;( atron in R.R. No.83, dated 25.O9.2013, c,rrnmunrcated by the Joint t'ol.ector, Ranga Reddy vide Fite No E514730120131 Quthbullapu-7'Gzrjularanraram, datcd 25.09.20 13, 2) De nty Collector & Talsildar Qu rhbullapur lr,landal, File No.B/583/2O12, cta:ed 17.O2.2O 12 and the ('iazette Nolification No.134, dated I I 03.2005 and G.O.Ms.No.2(,1, clated 09.03.2005 are not in consonance tc, the provisions of Section 22 \ of the Registration Act, 19O8 and 22-A(l)(rJ and Clause (vi) of the guiclel nes and thc same cannot be referred for the purpose of denying regisrtration of the subject properties. Cons€qrrcntly, reference made vide in Frlc No. E5 / 4730/ 20 t 3/Quthbullapur/Gaju lztramaram, and Fite No. E5/ a730 / 2O l3 / Quthbullapur/ Quthbullapur, d..ted 25.O9.2Ot3 and File No.B/563/2012 dated 17.O2.2012 of the Tahsildrtr, Quthbutlapur Mandal, are ,:lccl:rred as illegal, arbitrary and bad in law and are hereby set aside-

30. Accordinglv, W.P. Nos.9645 ot 2021 ar,d 26353 of 2Q23 are allowed

31. This Court on 22.O9.2023, while directing the Regir;tering authority to receive an<l process the document without reference to the letter dated 17.O2.2O12,,1nd the Notihcation in R.R. No.83 dated t1S,.O9.2013, had directed the petitioner not to resort to further conveyan(e of the subject property without leave of this Court. In this regard, it is made clear that since these writ ;:etitions (W.P. Nos.9645 of 2O2l and 26:)ti3 of 2023) are 5 a-llowed, the condition that was imposed to the effect that not to resort to further conveyalce of the subject property 1S hereby recalled The Registering Authorities are directed to make necessal/ changes in the records

32. It is made clear that mere registration of the document does not confer title on the subject property ard it is arso made crear 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 revisionTappeals for adjudication and in a-rry 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 2o2r and 26353 of 2023 and for the reasons a'like, this writ petition is arowed in terms of the common order dated 22.03.2024 passed in W.p. Nos.964S of 2O2I and 26353 of 2023 by this Court.

8. Consequently, the respondent No.3 is directed to receive, process, register ald release the sale deed in respect of prot No. 17, admeasuring 300 Sq.Yards or 250.8 Sq Mtrs in Survey No.49/2, situated at Gajularamaram village, Quthbullapur Mandar under GHMC euthbullapur circle, Medchar- Malkajgiri District, within a period of three weeks from the date of receipt of a copy of this order, subject to the petitioner comprying with the provisions of the Indian Registration Act, r9og, and Indian stamps Act, 1g99. 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 and communicate the said decision to the petitioner' It is made clear that mere registration of the document does not 6 / , confer title on the subject property and it is a-lso made clear that this order would not have any bearing on all those matters whe:re title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order also dr>es not preclude the parties in asserting their rights before a competent Cou:t of law. There shall be no order as to cosls. As a sequel, miscellaleous applications, if any pending, shall stand closed. i Date: O1.O5.2O24 SHA JUSTICE N.V" SHRAVAN KUMAR