1. Sri. Gulam Taqi Uddin 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 retire of a Writ of Mandamus, declaring the inaction of Respondent No. 3 in not receiving, registering, and releasing the Sale Deed presented lN the Petitioners in respect of Plot No. 04, admeasuring 347.00 Sq. Yards or 290.13 Sq. Mtrs., having a built-up area of 100.00 Sq. Feet, constructed with A.C.C Roof, forming part of Survey No. 49/7, situated at Gajularamaram Village, Quthbullapur Mandal, under GHMC One, 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 property under Lr- No ElIMDL/D1/153212017-1 ' Revenue (Registration), daled 2410712024, and under Section 22-A oI the Registration Act, RR No. 83, communicated by the Joint Collector, vide Gazette No E5/4730/Quthbullapur/Gajularamaram, dated Notification vide File Rangareddy, 25togt2o13'andDeputyCollectorandTahasildar'QuthbullapurMandal,FileNo' 8t58312012, dated 1710212012, as illegal, arbitrary and unconstitutional' And consequently, to direct Respondent No.3 to receive and regrster the Sale Deed presented by the Petitioners in respect of the said Plot No' 04' admeasuring 347.00 Sq Yards or 290.13 Sq Mtrs., having a built-up area of 10000 Sq Feet' constructed with A.C.C Roof, forming part of Survey No 49/7' situated at Ga.lularamaram Village, Quthbullapur Mandal, under GHMC Circle' Quthbullapur' Medchal-MalkajgiriDistrict,TelanganaState,withoutreferencetotheabove. mentioned Letter Notification RR No. 83, and related communications. A NO: 1 OF 2025 Petition under Section 151 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 04' admeasuring 347.00 Sq. Yards or 290.13 Sq. Mtrs , having a bullt-up area of 100.00 Sq. Feet, constructed with A C 0 Roof, forming part of Survey No 49/7' srtuatedatGajularamaramVillage,QuthbullapurMandal,underGHMCCircle' 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 prohibitedpropertyunderLr.No.ElIMDL/D1/153212017-l,Revenue (Registration), daled 2410712024, and under section 22-A of the Registration Act, Notification RR No. 83, communicated by the Joint Collector' vide Gazette vide File No. E5/4730/Quthbullapur/Gajularamaram, dated Rangareddy, 25tlgt2}13, and Deputy Collector and Tahsildar, Quthbullapur Mandal, File No Bt5B3t2Ol2,datedlTtO2t2O.l2,PendingDisposaloftheWritPetition Counsel for the Petitioners: SRI K. KARUNAKAR CounselfortheRespondents:AGPFORSTAMPSANDREGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PEf,ITION No.18223 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 Plot No.04, admeasuring 347.OO Square Yards or 29O.I3 Square Meters having a built-up area of 10O-O0 square feet, constructed with A.C.C. Roof, forming part of Sy.No.49/7, 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 2 SK, J W.P.No.18223 of 2025 been notified as a prohibited properly under Lr.No.E1/MDLlDl I 1532l2Ol7 -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, Ranga Reddy Districl vide File No.E5/4730/Quthbullapur/Gajularamaram, dated 25.09.20 13 and Deputy Collector and Tahsildhar Quthbullapur Mandal, File No.B/583/2012, dated t7.o2.20t2

3. Learned counsel for the petitioners further submits that for same issue in same survey number of the same village, this Court a-llowed the W.P.No. 12008 of 2024 on O1.O5.2O24 and requested to pass similar order in this writ petition also. 4 On the other hand, the lezrned Assistant Governmcnt Pleader for Stamps and Registration is not disputing the submission made by the learned counsel for the petitioners. 3 sx, J W.P.No.78223 of 2025 5 In view of the above made submissions by both sides and for the reasons alike in the order in 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 Sa-le Deed in respect of Plot No.O4, admeasuring 347.OO Square Yards or 29O.L3 Square Meters having a built-up area of 100-00 square feet, constructed with A.C.C. Roof, forming part of Sy.No.49/7, 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 complying with the provisions of the Indian Registration Act, 1908, and the Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse/receive the document presented before him, if he has any other objection, by duly assrgnlng reasons ln support of such decision and communicate the said decision to the petitioners. It is made clear that mere registration of the document does not confler title on the subject property and it is a]so made clear I I 4 ,. I .. .a sx, J W.P.No.78223 of 2025 .1 :,. that this order would not have any bearing on all those matters where title/rights of the parties are pending belore the authorities either in revision/appeals for adjudication and in any other case this order also docs 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, if any, pending in this writ petition shall stand closed 7 Registry is directed to annex copy of the common order in W.P.No.12008 of 2024 and batch, dated ot.o5.2024. SD/.AHMED ABDULLAH KHAN ASSISTANT REGISTRAR //TRUE COPY// SECTI OFFICER To, 055 'of Telanoana' Hyderabad' Pin 500 022' 'l The Principal Secretary, Reven ue Department {StaJ,nP! ^fn!iegistration)' ' Se.t"irini,The State 2 il;' Dl;i*i n"giJttr,, rt/|eoi[,]:M"l(aigiri Distrrct' Telanoana-500 047 5 iil; ffi -R;giii|.ii, ortnii,ir;;;;'il;Z;h;i-t'rtJtt'alsi'i Diitrict' reransana-500 a. iiE Cotlector, tvledchal-Malkaigi ri District, Telang-ana-500 047' 5 i.6! i;il;;i;"i, orinurtripriifiinorr, Meacnal-futatt<algiri District, relangana- 6. o;; CC to Sri K Karunakar, Advocate [OPUC] , T Two CCs to GP ror stariii nnJilgititiiion, l-iigh Court for the State of B. Two CD CoPies Telangana, at HYderabad [OUT] 500 055 TJ BS (Along with the Copy of Order dated 01'05'2024 ln W'P'No'1 2008 ot 20241 I I I I i HIGH COURT DATED:30 tO6t2O2s ORDER WP.No.18223 of 2OZs R 1HE S; I,i o I ( 3 0 JlJr. 2lu5 ( ,+ ,/ \,/ n./ l:-,--. ----- DISPOSING OF THE WRIT PETITION WITHOUT COSTS // (b / /x 3THE HONOURABLE 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 fired charlenging the action of the Registering Authorities in refusing to register the subject documents based on the Gazette Notification R.R. No.g3, dated 25.O9.2O13.

3. The learned counser 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 2027 a'.d w.p. No.26353 of 2023 by this court. The learned counsel would further submit that this court, while granting interim order dated 28.04.2021 in w.p. No.9645 of 2021 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.og.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. I 2 .: '' ;+1: *. , .

5. At this juncture, it is significalt to note that the Division Bench of this Court vide its common order dated 19.LO.2023 passed in W.P. No.28300 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 Amended Act, 19 of 2OO7 with effect from 20.06.2007 and had upheld the validity 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 and necessary to excerpt the relevant para Nos.23 to 32 of the common 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, dared 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 zrnd suggestrons on the above proposal from all persons who are likely to be affected thereby for being taken into consideration by thc Government. The details of the properties mentioned in the annexure states that the subject lands are Government lands.

24. Section 22-A (1) (e) of thc Act manifests that arly documents or class of documents pertaining to the properties, the State Government may, by notification prohibit the registration in which avowed or acorued interests of Central arrd State Governments, Local Bodies, Educational, Cultural, Religious and Charitable Institutions, thosc attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect these interest. Section 22-A (2) reads as under "(21 For the purpose of Clause (e) of sub-sectron (1), the State Government shall publish .r notification after obtaining reasons for and fu[ description of properties furnished by the District Collectors concerned in the manner as may be prescribed." t 3

25. It is pertinent to note that in the case of Vinjamuri 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 talting under clauses (a) to (d) of sub-section (1) of Section 22-A. As per Clause (vi), the properties covered under clause (e) of Sectron 22-A shall be notified in the oflicial Gazette o[ the State Governments and shall be forwarded, along with the Iist of properties, and a copy of the relevant notification/Gazette, to the concerned registering authorittes under the provisions of Registration Act ard shall also place the said notification/Gazette on the websites of both the State Governments.

26. The subject lalds in these writ petitions as per the Notihcation in R.R.No.83 in File No.E5/4730 I 2Ol3 / Quthbullapur/Quthbullapur, dated 25.09.2013, which according to the District Collector were classified as Government lands and a Notification was issued calling for objections/ suggestions before placirg for prohibitions. Section 22-A (t) (e) and (2) stipulates that if any lald is classihed and determined as Government tand, the Government shall pubtish an officia_l Gazette notihcation 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 fotlowed the provisions of Section 22-A{1)(e)(2) and the guidelines rssued by the FuIl 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 the Act, whereby such lands have to be notihed in the olncial Gazette of the State. The Notifrcation in R.R. No.83 dated 25.09.2013 communicated by the Joint Collector, Rarga Reddy vide File No. E5 / 4730/ 20I3 / Quthbutlapur/ Quthbullapur, dated 25.O9.2O13, Deputy Collector and Tahasildhar, Quthbullapur Mandal, File No.B/583/2A12, dated 17.O2.2O 12 and the cazette NotiJication No.l34, dated 10.03.2005 and G.O.Ms.No.292, Revenue (RegrstrationJ), 9t March 2005 communicated by the Commissioner and Inspector General (Revenue & Stamps), Hyderabad vide File No.cl /4661l2OO5, dated O2.O7.2OOS are not in accordance \sith the provisions of the Section 22-A (1) (e) and 22 (ll(21 and also as per Clause (vi) of the guidelines issued in the case of Vinjamuri Rajagopala Chary (Supra) ard the same cannot be the basis for denlng for registration of the subject properties. 4

1., :3t".;,,

27. Further, the Tahsildar vrde File No.B/583/2012 , <lated t7.O2.2O12 had notified the particular property as the Government land and requested the Sub-Registrar not to reglster any deed of conveyance. The District Collector on 25.O9.2O13 had issued preliminzLry notification calling for objections and the said notification was found to be defective by this Court in W.P. No.19O69 of 20L4 dated 25.08.2014.

24. It is also pertinent to note that in the counter filed in W.p. No.26353 of 2023 prohibiting transfe r/ registratio n that subsequent to the Notihcation in R.R. No-83 dated 25.09.2O13 the answering respondents have not taken any steps in notiSing in the official cazette of State Government in terms of the guideline No.(vi) issued by thr: Full Bench in the case ofVinjamuri Rajagopala Chary (Supra)_

29. As such, the Notificatior.r in R.R.No.83 in File No.F)5/473O/2Ot3/ Quthbullapur/ Quthbullapur, dated 25.09.2013, is only a norice given for inviting objections and suggestions and this cannot be tl.re basis lor refusal for rcgistration of thc subject properties. [n vicrv of the sanrc, Gazette Notification in R.R. No.83, datcd 25.09.2013, cornrnunrcated by the Joint Collector, Ranga Reddy vide Fite No.E5l4Z30/2O13/ QuthbuUapur/cajularamaram, dated 25.O9.201 3, 2) Deprrry Collector & Tahsildar Quthbullapur Mandal, File No.B/583/2OI2 , datcd t7.O2.2O12 and the Gazettc Notification No.134, dated 10.03.2OO5 and G.O.Ms.No.292, dated 09.03.2005 are not in consonance to thr: provisions of Section 22 A ot th.e Registration Act, l9O8 and 22-A(1)(c) and CIause (vi) of the guidelines and the same cannot be referred for rhe prrrpose of denying registration of the subject properties. Consequcr.rtly, reference made vide in File No.E5/4730 /2U.13 /euthbullapur/Galularamaram, and File No.E5/4730/2013/Quthbu[apur/euthbuflapur, datcd 25.O9.2Ot3 and File No.B/583/2012 dated t7.O2.2O12 of the Taisilclar, euthbuuapur Mandal, are declared as illegal, arbitrary and bad in law ald are hereby set aside.

30. Accordingly, W.P. Nos.9645 of 2021 and 26353 of 2023 are allowed 3 1. This Court on 22.O9.2023, while directing the Regrstcring 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 the petitioner not to resort to further conveyance of the subject property without leave of this Court. In this regard, it is madr: clear that since these writ petitions (W.P- Nos_9645 of 2O2t and 26353 ol 20231 are I t.: !.- 5 allowed, the condition that was imposed to the effect that not to resort to further conveyance of the subject property is hereby reca-lled. 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 authoritres erther in resision/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 2O2I 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.17, admeasuring 3O0 Sq.Yards or 250.8 Sq Mtrs in Survey No.49/7, situated at Gajularamaram Village, Quthbullapur Mandal 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, 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 petitioner. It is made clear that mere registration of the document does not 6 confer title on the subject property and it is also madc clear that this orCer would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/ appea_ls for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of 1aw. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall stand closed Date: O1.O5.2O24 SHA JUSTICE N.V. SHRAVAN KUMAR