'l . Smt l/ary Rita Jayappa v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in 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 Mandamub, declaring the inaction of Respondent No. 3 in not receiving, register ing. and releasing the Sale Deed presenteo by the Petitioners in respect of Plot No. 16, admeasuring 300.00 Sq. Yards or 250.8 Sq. Mtrs, forming part of Survey No. 49/7, situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC Circle, Quthbullapur, Medchal-tvlalkajgiri 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 EllMDLlDl/153212017-1, Revenue (Registration), dated 24.07.2024. and under Section 22-A of the Registration Act, vide Gazette Notification RR No. 83. communicated by the Joint Collector, Rangareddy, vide File No. E5/4730lQuthbullapur/Ga.jularamaram, dated 25.09.2013, and Deputy Collector and Tahasildar, Quthbullapur Mandal, File No. Bl5B2l201Z, dated 17.02.2012, as illegal, arbitrary and u nconstitutional, And consequently, to direct Rpspondent No. 3 to receive and register the Sale Deed presented by the Petitioners in respect of the said Plot No. 16, admeasuring 300.00 Sq. Yards or 250.8 Sq. fVltrs, forrning part of Survey No. 49/7, situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC Circle, Quthbullapur, Medchal- Malkajgiri District. Telangana State, without reference to the above-mentioned G.O.Ms. No. 121, Gazette Notification RR No.83, and related communications. lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondent No 3 to receive, register the Sale Deed in respect the plot No. .16, admeasuring 300 00 Sq Yards or 250.8 Sq. Mtrs, forming part of Survey No. 49/7, situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC Circle, Quthbullapur, Ivledchal-Malkajgiri District, Telangana State, on the ground that the survey nunrber in which the Petitioners' property is situated has been notified as a prohibited property under G.O.Ms. No. 121 , Lr. No. E1lMDLlD11153212017-1, Revenue (Registration), dated 24.07.2024, 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/Quthbullapu r/Gajularamaram, dated 25.09.2013, and Deputy Collector and Tahasildar, Quthbuttapur Mandal, File No. 8/58212012, dated 17.02.2012, Pending Disposal of the Writ Petition. Counsel for the Petitioner: SRI K.KARUNAKAR Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION I I The Court made the following: ORDER I I 7 ,,|, THE HONOURABLE SRI JUSTICE K.SARATH \tr'RIT PE"TITION No. 107 28 of 2o25 ORDER: Hearrl learned counsel lor the petiti,:ners and learned Assistant Government pleader for Stamps and I Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Lealned 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 SaIe Deed presented by the petitioners in respect of Plot No.16, admeasuring to an extent of 300.00 Square Yards or 250.8 Square Meters forming part of Survey No.49 /7, situated at Gqjularama;:am Village, Quthbullapur Mandal, under GHMC Circle, euthbullapur, Medchal-Malkajgiri District, on the ground that the survey number in which the petitioners,property is sil.uated has been notified as a prohibited property under I o SK, J W.P.No.7O728 oJ 2O25 Lr.No.E1/MDLlDl I 1532 I 2OI7-1, dated 24.07.2024, arrd under Section 22-A of the Registration Act, uide Gazette Notification RR No.83, communicated by the Joint Collector, Rangareddy, File No. E5 / 4730 / Quthbullapur/ Gajularamaram, 25.09.2013 and Deputy Collector and Tahasildar, Quthbullapur Mandal, File No.Bl582/2012, dated

17.o2.2012.

3. Learned counsel for the petitioners further submits that lor same issue in same survey number of the same village, this Court ailowed the W.P.No.12008 of 2024 on O1.O5.2024 and requested to pass similar order in this writ petition also. 4 On the other hand, the learned Assistant Government Pleader for Stamps and Registration is not disputing the submission made by the learned counsel for the petitioners. 5 In view of the above made submissions by both sides and for the reasons alike in the order in v 3 sr, J W.P.No.1O728 of 2O25 W.P.No.12008 of 2024, dated 01.05.2024, this writ petition is disposed o1' directing the Respondent No.3 to receive, process, register and release the Sale Deed in respect of Plot No.16, admeasuring to an extent of 300.00 Square Yards or 250.8 Square Meters forming part of Survey No.49 17, situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC 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 cornplying with the provisions of the Indian Registration ,{ct, 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 I t objection, by duly assigning reasons 1n sr-lpport of such decision anci communicate the said decision to the petitioners. It is made clear that mere registration of the document does not confer title on the subject properer and it is also made clear that this order would not have any bearing on all those matters where title/rights of the are pending before the authorities either in parties 4 w.p.No.toz28 "rlt:r! 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. However, there shall be no order as to costs. 6 Miscellaneous petitions, if any, pending in this writ petition shall stand closed. 7 Registry is directed to aanex copy of the order in W.p.No. 12OOg of 2024 ald batch, dated common o1.o5.2024. //TRUE COPY// SD/.P. PADMANABHA REDDY DEPUTY REGISTRAR SECTION OFFICER To, 1 The Principal Secretary Revenue Department seiretaiiii, Hyderabad'State of Telangana Pin-5 00 tamps and Registration)' 022.

2. The District Registrar' Medchal-tvlalkajgiri District' Telangana-500 047' 3,TheSub-Registrar,Quthbullapur.Medchal-MalkajgiriDistrict,Telangana.500 055

4. The Collector, Medchat-Malkaigiri District, Telangana-500 047' 5'TheTahasildar,Quthbullapur[Vlandal,Medchal.tiilalkajgiriDistrict,Telangana- 500 055.

6. One CC to SRI K KARUNAKAR, Advocate [OPUC] 7. Two CCs to GP FOR STAMPSAND--REGISIRATION' High Court for the Siaie of T.langrna at Hyderabad [OUT] B. Two CD CoPies (Along with the copy of order dated 01'05'2024' in W'P'No'12008 of 2024 & batch) BSR BS *y HIGH COURT DATED:1010412025 ORDER WP.No.10728 of 2025 i illj 5f4 14 ) ,J \..',". \ 2 4 llPn Zrff '' r-- ,- 16 t.r ( .]t. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS STHE HONOURABLE SRI JUSTICE N.V. SHRAVAN I(UMAR W.P. No.120Oa of 2024 ORDER: Heard the learned counsel on either side ald 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 chaiienging the action of the Registering Authorities in refusing to register the subject documents based on the Gazette Notification R.R. No.83, dated 25.O9.2013. )

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 2O2t and W.P. No.26353 of 2023 by this Court. The learned counsel would further submit that this Court, while granting interim order dated 28.04.2021in 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 propert5r 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 signilicant to note that the Division Bench of this Court vide its common order dated 79.10.2023 passed in W.P. No.2830O of 2OO7 ard, batch had dealt with the va-lidity of Section 22-A of the Act as incorporated in the Registration Act, 19O8 and the Amended Act, 19 of 2OO7 \Mith effect from 2O.06.2007 and had upheld the validit5r 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 essential ald necessary to excerpt the relevant para Nos.23 to 32 of the "6--on order dated 22.03.2024 passed in W.P. Nos.9645 of 2027 and. 26353 of 2023 by this Court, which reads as under: "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 consideralion by the Government. The details of the properties mentioned in the annexnre states that the subject lalds are Govemment 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 Drohibit the registration in which ayowed or accrued interests of Central and State Governments, Local Bodies, Educational, Cultural, Religious alrd Charitable Institutions, those attached by Civil, Criminal, Revemre Courts and Direct and Indirect Ta:; Laws ald others which are likely to adversely affect these interest. Section 22-A (2) reads as under: "(2J For the purpose of Clause (e) of sub-section (1), the State Government shall publish a notification after obtaining reasons for and fult description of properties furnished by the District Collectors concerned in the manner as may be prescribed." I 3

25. It is pertinent to note that in the case of Vlnjamuri Rajagopala 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 official Gazelte of the State Governments and shall be forwarded, along with the list of properties, and a copy of the relevant notification/Gazette, to the concemed 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 Notiflcation in R.R.No.83 in File No.E5/473O / 20 t3 I euthbullapur/ euthbullapur, dated 25.09.2013, which according to the District Collector were classified as Govemment lands ald a Notification was issued calling for objections/ suggestions before placing for prohibitions. Section 22-A (ll le) and (2) stipulates t-hat if any lald is classified and determined as Govemment 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) arld the guidelines issued by the Full Bench in the case of Vlnjamuri Rajagopala Chary (Supra) wherein at para 156 held that the authorities are obliged to follow Ctause (vi) for those properties covered under Clause (e) of Section 22-A of the Act, whereby such lands have to be notifred in the official 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.E5l4730l2O 13/Quthbultapur/euthbultapur, dated 25.O9.2013: Depugr Collector and Tahasildhar, euthbullapur Mandal, File No.B/583/2012, dated 17.Q2.2O12 and the cazette Notification No.l34, dated 10.03.2005 and G.O.Ms.No.292, Revenue (RegistrationJ), 9th March 2005 communicated by the Commissloner and Inspector General (Revenue & Stamps), Hyderabad vide File No.G 1/4661/2005, dated O2.O7.2OO5 are not in accordance vrith the provisions of the Section 22-A (r) (e) and 22 (Ll(21 and a-lso as per Clause (vi) of the guidelines issued in the case of Vinjamuri Rajagopala Chary (Supra) and the salne cannot be the basis for denying for registration of the subject properties. I I 4

27. Further, the Talsildar vide File No.B/583/20i2, dated 17.02.2O12 had notified the particular property as the Govemment land and requested the Sub-Registrar not to register any deed of conveyance. The District Collector on 25.09.2013 had issued preliminary notification calling for objections and the said notifrcation was found to be defective by this Court in W.P. No.19069 of 2Ot4 dated 25.08.2014.

28. It is also perLinent to note that irr ttre counter hled 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 talen any steps in noti$ing in the official Gazette of State Governmenl 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.E5l473O l21t3/ Quthbullapur/ Quthbullapur, dated 25-09-2O13, is only a notice given for inviting objections and suggestions and this cannot be the basis for refusal for registration of the subject properties. [n view of the same, Gazette Notrfication in R.R. No.83, dated 25-09.2013, cbmmunicated by the Joint Collector, Ranga Reddy vide File No.Es /4730 l2Ot3l Quthbullapur/Gajularamaram, dated 25.09.20 13, 2) Deputy Collector & Tahsildar Quthbullapur Mandal, File No.B/583/20 12, dated t7.02.2012 and the cazette Notification No.134, dated 10.03.2005 and G.O.Ms.No.292, dated O9.O3.2O05 are not in consonance to the provisions of Section 22-A of the Registration Act, 1908 and 22-A(1)(e) and Ctause (vil of the guidelines and the same cannot be referred for the purpose of denying regrstration of the subject properties. Consequently, reference made vide in File No.E5/4730/20 13/Quthbullapur/Gajulararnaram, and File No.E5/473Ol20 13/Quthbullapur/eutibullapur, dated 25.O9.2O L3 and File No.B/583/2O12 dated 17.02.2012 of the Tahsildar, euthbullapur Mandal, are declared as i.llegal, arbitrary and bad in taw and are hereby set aside.

30. Accordingly, W.P. Nos.9645 of 2O2l an<|26353 of 2023 are allowed.

31. This Court on 22.09.2023, while directing the Registering authority to receive a:rd process the document without reference to the letter dated 17.02.2012, and the Notilication 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 $.rit petitions (W.P. Nos.9645 of 2O2L and 26353 of 20231 arc I 5 allowed, the condition that was imposed to the effeot that not to resort to further conveyance of the subject propertlz 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 a_ll 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 simila-r to those that h4ve been considered by this Court in the common order dated 22.03.2024 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 2O2t 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.17, admeasuring 3OO Sq.Yards or 250.8 Sq Mtrs in Survey No.49/2, situated at Gajularamaram Village, Quthbullapur Mandal under GHMC euthbullapur Circie, Medchai- Malkajgiri District, within a period of three weeks from the date of receipt of a copy of this order, subject to the petitioner complJring with the provisions of the Indian Registration Act, 19O8, and Indian Stamps Act, 1g99. 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 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 penciing 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. As a sequel, miscellaneous applications, if any pending, shall stand closed. Date: O1.O5.2O24 SHA JI:STICE N.V. S,I{RAVAN KUMAR