High Court · 2025

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe 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 Mandamui, declaring the inaction of Respondent No 3 in not receiving, registering, and releasing the Sale Deed presented by the Petitioners in respect of pt6t uo.52, rd."rsrring 300.00 Sq. Yards or 250.8 Sq Mtrs, forming.part.of survey No. 49/7, situated at Gajularamaram Village, Quthbutlapur Mandal, under GHMi Circte, euthbullapur, Medchal-Malkaigiri 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.lvls. No '121, Lr. No. E1lMDLlD1l1532/201't-1 Revenue (Registration), daled 241)712024, and under Section 22-A of the Registration Act, vide Gazette Notification RR No. 83, communicated by the Joint Collector, Rangareddy. vide File No. E5/4730/Q uthbullapu riGajularamaram, dated 2510912013, ancl Deputy Collector and Tahasildar, Quthbullapur Mandal, File No. B,158212012, dated 1710212012, as illegal, arbitrary and u n constrtutiona l. And consequently, to dilect Respondent No. 3 to receive and register the Sale Deed presented by the Petitioners in respect of the said Plot No. 32, admeasuring 300 00 Sq. Yards or 250.8 Sq. Mtrs, forming part of Survey No. 49/7, situated at Gajularamaram Village, Clttthbullapur lvlandal, under GHMC Circle, Quthbullapur, Medchal-Malkajgiri Distri,:t, Telangana State, without reference to tne above-mentioned G.O.Ms. No. '121, Gazette Notification RR No. 83. and related communications. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circ;umstances stated in the affidavrt filed in support of the petition, the High Court may be pleased to direct R/espondent No 3 to receive. register the Sale Deed in restr)ect the Plot No. 32' admeasuring 300.00 Sq. Yards or 250 8 Sq. Mtrs, forming part of Survey No 49/7, situated at Gajutaramaram Village, Quthbullapur fvtandal, trnder GHIVIC Circle. Quthbullapur, Medchal'lrilalkajgiri District. Telangana State, on the ground that the survey number in which the Petitioners property is situated hi:s been notified as a prohibited property under G O |\ils. No 121, Lr No. E1llllt)L|D11153212017-1 Revenue (Registration), daled 24 07.2024, and under Section 22-A of the Registration Act, vide Gazette Notrfication RR No. 83, comm:nicated by the Joint Collector, Rangareddy. vide File No. E5/4730/Quthbullapur/Gaiularamaram, dated 2510912013, and Deputy Collector and Tahasildar, Quthbullaour Mandal, File No. P,158212012, dated 17t021201 2. Pending Disposal of the Writ F'etition. ' Counsel for the Petitioners: SRI K.KARUNAKAR Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER ,), .t. THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.977O of 2o25 ORDER: Heard learned counsel for the - petitioners and iearned 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 filed by the petitioners questioning the action of the Respondent No.3 in not receiving, registering and releasing the Sale Deed presented by the Petitioners in respect of Piot No.32, admeasuring to arr extent of 300'00 Square Yards or 250.8 Square Meters forming part of Survey No.49 l7 , situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC Circle, Quthbullapur, Medchal-Malkajgiri District, on the ground that the survey number in which the Petitioners' property is situated has been notifred as a prohibited property under sr, J W.P..\o.977O of 2O25 Lr.No.E1lMDLlDl I 1532l2Ol7-1, dated 24 07 '2024' and under Sectiorr 22-A of the Registration Ac-' uide Gazette . uirle' Rangareddy , NotificationRRNo.83,communicatedbytheJoint File Coliector, No.tr5/4730 I 20 13 I Qtthbullapur/ Gajula Ramaram' dated 25.Og.2013 and Deputy Collector and Tahasildar' Quthbullapur Mandal, File No'B/58:3/2012 dated t7.o2.2012 Learnecl counsel for the petitioners lurther submits 3. that for samc issue in same survey number of the same viliage, this Court allowed the W'P'No'12C)08 of 2024 on o1.o5.2o2tl anci requested to pass similar order in this writ petition also. Or r tl-re other hand, the lcarned Assistant 4 Governmetrt Pleacier for Stamps and R':gistration is not disputing the submission made by the lt:arned counsel for the petitioners L-r view of the above made sut'missions by both 5 sides and for the reasons alike in the order 1n ) s'(, "r W.P.No.977O of 2O25 W.P.No. 12008 of 2024, dated 01.05 .2024, this writ petition 1S disposed of directing the Registering No.3 to receive, process, register and release the SaIe Deed in respect of Plot No.32, admeasuring to an extent of 300.00 Square Yards or 250.8 Square Meters forming part of Survey No.49 /7, situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC Circle, Quthbullapur, Medchal- N,,lalkajgiri District, within a period of four (4) weeks from thc date of receipt of a copy of this order, subject to the petitioners complying with the provisions ol the Indian Registration Act, i908, 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 { I 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 sub.ject 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 a.re pending before the authorities either in 4 ST(, J W.P No.9770 of 2025 revision/appcals for adjudication and in any other case this order also does not preclude the parties in asserting their rights beforc a competent Court of law. Flowever, there shall be no order as to costs.

6. Mis,'ellaneous Petitions, if any, pen,ling in this writ petition shall stand closed. 7 Regrstrrg is directed to annex copy of the common order in W.P.No.12008 of 2024 and batch, dated ot.o5.2024 //TRUE COPY// SD/-T. TIRUMA DEVI DEPUTY REG STRAR SECTION FFICER

1. The Principal Secretary, Revenue Department (Stampr; ,and Registration), Secretariat, Hyderabad, State of Telangana Pin.500 022.

2. The District R6gistrar, Medchal-Malkajgiri District, Telangana-500 047. 3. The Sub-Regis[rar, Quthbullapur, Medchal-Malkajgiri f'ratrict, Telangana-500 055 500 055

4. The Collector Medchal-Malkajgiri District, Telangana-{i00 047. 5. The Tahasildar, Quthbullapur Mandal, Medchal-Malkajgiri District, Telangana-

6. One CC to SRI K.KARUNAKAR, Advocate [OPUC] 7. Two CCs to GP FOR STAMPS AND REGISTRATION High Court for the State of Telangana, at Hyderabad. [OUT]

8. Two CD Copies (Along with a copy of the common order in WP.No 12008 ol 2024, dated 01.0s.20241 I \ To PSK I}S i 1 i I I I I i ' + . *_.,i 1:l '!? 7- - .F:-=: )' ,a HIGH COURT DATED:0210412025 ORDER WP.No.9770 of 2025 s .j a, ,l!: sT4 14: ) ,_) 21 APH 2ffi G( ./ 1, DISPOSING OF THE WRIT PETITION WITHOUT COSTS lI !; 3?HE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR III.P. No.12OO8 of 2024 ORDER: Heard the learned counsei on either side ald perused the materiai 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 frled 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.O9.2O13.

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.O3.2024 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 2027 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 -.-..'.i ,-rni

5. At this junctr-rre, it is significant to note that the Dir.ision Bench of this court vide its comrnon order dated rg.ro.2o23 passed i, w.p. No.2g30o of 2oo7 and batch h.d deart with the validity of Section 22-A of the Act as incorporated in the Registration Act, 190g and the Amerxled Act, 19 of 2oo7 with effect from 20.06.2007 and had upherd the variditr, of the section 22-A of the Act. 6 Having gone through the material made available on the record and the submissions made by the learned counsel on either side, it is essentiar and necessary to excerpt the relevant para Nos.23 to 32 0f the .i--on order dated 22.03.2024 passed in W.p. Nos.9645 of 2O2t and 26353 of 2023 by this Court, which reads as under "23. From a penrsal of the Notification in R-R- No-g3, dalerl 25.Og.2O13, the subject lands were notilied under Section 22-A (1)(a) for the purpose of Section 22-A(1). It is only a notice given inviting rbjections ard suggestions on the above proposal from all persons who le likety to be affected thercby for being taken into consideration by the covernmcnt. The details of the properties mentioned in the annexure slates that the subject lands are Government lar.rcls.

24. Section Z2-A (1) (e) of the Act manifcsts that any doclrrlcnts or class of documents l)ertaining to the properties, the State Cover.nment may, by notification prohibit the registration in which avowed or accrued interests of Central and State Govcmments, Local Bodies, Educational, Cultural, Religious and Charitable Instihrtions, those attached by,liuil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and ot.rers which are likely to adverst:ly allect these interest. Section 22-A (2) reads as under "(2) For the purpose of Clause (e) of sub_section l1), the State Government shall publish a notification after obtaining rcasons for and full descriptio. of properties furnished by the District colrectors colcerned io the rnarner as may be prescribed.,, 3

25. It is pertinent to note that in the case of VinjaEuri Rajagopala Chary (Supra) paras 156 had summarized ald issued directions. As per the clause (v) no notfication is contemplated under sub-section (2) of Section 22-A with respect to the properties fa-lling 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 notihed in the official Gazette of the State Governments and shatl be forwarded, along with the list of properties, and a copy of the relevant notificati'on/Gazette, to the concerned registering authorities under ttte provisions of Registration Act and shall also place the said notification/GazeLte on the websites of both the State Govemments.

26. The subject lalds in these writ petitions as per the Notihcation in R. R.No.83 in File No.ES/ 47 30 I 20 I 3 / Quthbullapur/Quthbullapur, dated 25.O}.2OL3, which according to the District Collector were classilted as Government lands and a Notihcation was issued calling for objections/suggestions before placing for prohibitions Section 22-A (1) (e) and (2) stiputates that if any land is classified and determined as Government land, the Government shall publish an offrcial Gazette notihcation after obtaining reasons for arld 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 thle Act, whereby such lands have to be notified in the oflicia-l 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.E5/473O/ 20 13/Quthbullapur/Quthbullapur, dated 25.09.2013; Deputlr Collector and Tahasildhar, Quthbullapur Mandal, File No.B/583/2012, daled 17 -O2.2O12 and the Gazette Notifrcation No'134, dated 10.03.2005 and G.O.Ms.No.292, Revenue (Registration-I), 9s March 2005 comrnunicated by the Commissioner and Inspector General (Revenue & StamPs), Hyderabad vide File No'GL 14661 l2AO5, dated O2-O7 .2OO5 are not in accordance with the provisions of the Section 22-A (1) (e) and 22 (lll2l and also as per Clause (vi) of the guidelines issued in the case of Vinjamuri RejagoPela Chary (Supra) and the same cannot be the basis for denying for registration of the subject properties' 4

27. Further. the Tahsildar vide Filc No.B/Sa3/2O12, dz.te<t 17.O2.2O12 had notihed the particutar property as the Governt:1ent land and rcquested the Sub-Registrar not to register any deed of cor,.veyance. The District Collecto t on 25.O9 .2O13 had issued prelimin 1ry notification calling for objr:ctions arrd the said notification was found to be defective by this Court in W.p. No. 19O69 of 20t4 dated 25.08.2014.

24. It rs alscr peftinent to note that in the counter Eled ir r,V.p. No.26353 ot 2023 prohibiting transfer/ registration that subscquent to Notification in R.R. No,83 dated 25.09.2O13 the answering respondents h:rve not taken any steps in noti$ing in the oihcial ( iazette of State Government in terms of the guideline No.(vi) issued by ttre FuU Bench in the case of Vinjamuri Rajagopala Chary (Supra)_

29. As such, the Notification in R.R.No.83 in File No.tr:;/473}12013/ Quthbullapur, Quthbullapur, dated 25.O9.2013, is only a notice given for inviting objections and suggestions and this cannot b,: the basis for rcfusal for reListration of the subject properties. In vic!! of thc same, G;rzette Notifi:.ation in R.R. No.g3, dated 25.Og.2Ol3, communicated by thc Joint ('oll:ctor, Ranga Reddy vide File No.liii/473O/2013/ Quthbullapurr Gajularamaram, dated 25.09,2013, 2) Depury Colector & Tahsildar Qul hbrrllapur Mandal, File No.B/Sa3/2O12, dr.i,:d t7.O2.2O12 the Caizette Notification No.134, dated 1[,.03.2OOS and G.O.Ms.No.29tl, dated 09.O3.2OOS are not in consonance ro the provisions of Section 22-A ofthe Registration Act, t9O8 arrd 22_A(1)(e and Clause (vi) of the guidelines and the same cannot be referred for the purpose of denying regislration of the subject properties. Conseque:rtly, reference made vide in t-rle No.E5/473O /2013 /etthbullapur/Gaju)aramaram, and Frle No. E5/ 4 730l 2013 /euthbullapur/euthbu apur, dared 25.09.2013 and File No.B,r583/2012 dated 72.O2.2O12 of the Tahsildar, euthbullapur Mandal, arc dcclared as ilegal, arbitrary and bad in law and are hereby set aside.

30. Accordrngly, W.P. Nos.9645 of 2O2l and, 26353 of 2023 are allowed. 31. This Corrrt on 22.O9.2O23, 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 thc petitioner not to resort to further conveyanc: of the subject property without leave of this Court. In this regard, it is rrrad.e clear that srnce these writ petitions (W_p. Nos.9645 of 2O2l and 26i;53 61 2r/231 ^r. 5 allowed, the condition that was imposed to the eflect 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." 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 t passed in W.P. Nos.9645 of 2O2l and 26353 of 2023 and for the reasons alike, this writ petition is allowed in terms of the common order dated

22.03.2024 passed in W.P. Nos.9645 of 2021 and 26353 of 2023 by this Court.

8. Consequently, the respondent No.3 is directed to receive, process, register and release the sale deed in respect of Plot No.l7, admeasuring 300 Sq.Yards or 250.8 Sq Mtrs in Survey No.49l7, 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 ofthe Indian Registration Act, 1908, arrd 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 petitioner. It is made clear that mere registration of the document does not 6 / confer title on the subject property arrd it is also made clear that this order would not have an1' bearrng on all those matters wher,: 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 Courl of law. There shall be no order as 1o costs. As a sequel, miscellaneous applications, if any p,ending, shal1 stald closed Date: O1.O5.2O24 SHA WSTICE N.V, SHRAVAN KUMAR I t