Telangana High Court
Maraboina Raju Yadav vs The State Of Telangana on 2 July, 2024
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Petition No.16005 of 2024
ORDER:
This writ petition is filed to declare the action of respondents in not enclosing and withholding the petitioners Doc.No.P-378 of 2024 dated 14.06.2024 presented for registration in respect of the undivided 2/3rd share in the non- agricultural land admeasuring Ac.2-35 gts., situated at Sy.No.134 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District by treating all the lands within the areas covered by the GHMC as non-agricultural lands and yet in insisting for conversion proceedings under the provisions of the Telangana Agricultural Land (Conversion for Non-Agricultural Purposes) Rules, 2018 in respect of the petitioner's non-agricultural land situated in Sy.No.134 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District though the land was put to non- agricultural use much before 1985-86 and the market value is fixed in Sq.yds., in the Basic Value Register as illegal and arbitrary and consequently direct the respondents to release the petitioners Doc.No.P-378/2024 dated 14.06.2024 without insisting for the proceedings (NALA Tax).
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2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf respondent Nos.1 to 3.
3. As per earlier directions of this Court, the Joint Sub- Registrar, Moosapet, Ranga Reddy District, Hyderabad i.e., respondent No.3 herein is present before this Court.
4. The brief facts of the case are that the petitioner herein has purchased the undivided 2/3rd share of the non-agricultural land admeasuring Ac.2-35 gts., situated in Sy.No.134 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District obtained by virtue of sale deed dated 14.06.2024. When the petitioner presented the said document for registration before respondent No.3 after paying requisite stamp duty of Rs.1,86,61,523/- and also the registration charges, and was awaiting to receive the registered document, the Sub-Registrar has not passed any order and the document was kept pending vide P.No.378 of 2024. In usual course, the document which has been kept pending, the reason of refusal would be written at the backside of the document and in case of elaborate reason, 3 separate order would be passed and the same would be communicated to the petitioner.
5. The Joint Sub-Registrar i.e., respondent No.4 has placed a copy of instructions to the learned Assistant Government Pleader and submits that the pending document was refused for registration vide Refusal order bearing No.190/2024 dated 19.06.2024 for the reason that: in terms of Memo No.3247/2018 dated 01.05.2019 has instructed that whenever huge lands are showing in Sq.yds., and sought to registration, the Sub-Registrar shall invariably refer web land (Dharani) and find out the real owners as per revenue records and insist upon conversion certificate of agricultural land into non-agriculture land issued by the competent authority. But the parties in the document are failed to produce NALA certificate.
6. In a similar circumstance i.e., in W.P.No.16708 of 2023 dated 30.06.2023, the Sub-Registrar has refused registration therein on the very adjacent lands of the petitioners. In the said case, this Court directed the registering authority to process the pending document without insisting on payment of Nala charges. The relevant portion of the said order is as follows: 4
7. Hence, this Writ Petition is disposed of with the following direction:-
Registering Authority is directed to process pending document vide Document No.P.1198 of 2021, in respect of land admeasuring 826.43 Sq.yards, equivalent to Ac.0-06.83 guntas in Sy.Nos.135, 136, 139, 140 & 141 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District, register and release the document in case the document presented is in compliance with the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899, without insisting payment of Nala charges. The Registering Authority can refuse to register the document in case the document is prohibited for registration under any of the provisions of law, Rules or Regulations made there under. However, the reasons assigned thereof and the decision taken shall be communicated to the petitioner in writing. The petitioners shall pay Nala charges without resistance as and when directed. There shall be no order as to costs.
7. In the case on hand, the petitioner lands are situated in Sy.No.134 and in the above referred writ petition the lands were situated in Sy.Nos.135, 136, 139, 140 & 141 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District. 5
8. Learned counsel for the petitioner submits that in case of the adjacent lands, the document was registered based on the Court order in W.P.No.16708 of 2023 dated 30.06.2023 and in view of the same, the respondents are insisting that unless the Court order is furnished, they cannot go ahead with the registration. He would further submit that jurisdiction of respondent is only for the purpose of registration and not for any other reasons.
9. Learned counsel for the petitioner submits that they have not received any so called refusal order bearing No.190/2024 dated 19.06.2024. On a query by the Court, learned Assistant Government Pleader for Stamps and Registration, on instructions, submits that already refusal order has been sent by Post. However, there is no proof of the same in the instructions.
10. This Court in repeated number of cases observed that the Registering Authorities are duty bound to communicate the refusal order to the petitioners or the citizens, who approach for registering the documents and also granted liberty to the 6 petitioners to avail the remedy as available under law. In the case on hand also the document has not been returned to the petitioner and it is in the custody of the Sub-Registrar. In that case, the petitioners cannot make a statutory appeal which is the available remedy for them. In a holistic view, it is observed that the officers are erring in discharging their duties where certain timelines are prescribed. That apart, the Sub-Registrar herein is well aware that the adjacent lands are also registered even thereafter issued refusal order citing the reason that in Memo No.G3/3247/2018 dated 01.05.2019, in which it is instructed that whenever huge lands are showing in Sq.yds., and sought for registration, the Sub-Registrar shall invariably refer web land (Dharani) and find out the real owners as per revenue records and insist upon conversion certificate of agricultural land into non-agriculture land issued by the competent authority. But the parties in the document are failed to produce NALA certificate.
11. On a perusal of the Memo No.3247/2018 dated 01.05.2019, the Commissioner of Inspector General of Registration and Stamps directed the Registering Officers to be 7 vigilant that whenever huge lands are shown in sq.yds., the Sub Registrars shall invariably refer Webland (Dharani) and find out real owners as per the revenue records and insist upon conversion certificate of agriculture land into non-agricultural land and insist upon conversion certificate issued by competent authority.
12. It appears that the Sub-Registrar has calculated the market value in terms of yards and accordingly stamp duty has been paid in terms of sq.yards. In such case, insisting of conversion certificate from agriculture to non-agriculture by competent authority is only for the purpose of record and the parties can be directed to furnish the same at a later point of time.
13. In W.P.No.16708 of 2023, this Court directed the Registering Authority to register the document without insisting on payment of Nala charges. The said order has not been challenged and documents have been registered thereafter. In the case on hand the petitioner has paid huge stamp duty on yard basis based on market value obtained on yard basis and again insisting on NALA charges is arbitrary and illegal and 8 registering authority had not followed the directions of this Court in W.P.No.16708 of 2023, which has attained finality.
14. The main grievance of the petitioner is that earlier the subject land is put to non-agriculture use for several decades much before 2006 and that they have already paid stamp duty and registration charges in respect of lands as non-agriculture lands by treating all the lands within the area of GHMC in sq.yd., basis on par with open site in layout having open area and parks. It is further submitted that respondent No.3 without understanding the aforesaid orders in W.P.No.16708 of 2023, is refusing registration on the same refusal grounds and is insisting the petitioners to approach the Court and obtain specific orders for registration of the subject documents, the said action is nothing but burdening the petitioners as well as the Hon'ble Court and pray this Court to direct the respondent No.3 to register the subject documents.
15. In the case on hand, it is pertinent to note that the respondent No.3 without understanding the purport of the aforesaid orders, is refusing to register the subject documents on the same grounds and insisting the petitioners to obtain 9 Court orders. The said action is not justified. Hence, this Court passed orders on 26.06.2024 directing respondent No.3 to be present before this Court on 01.07.2024 and answer why Court orders are required for the purpose of each and every registration.
16. The core issue is that in many cases, the registering authorities are not implementing the orders passed by this Court and are refusing to register the subject documents on the same grounds and informing the citizens that unless they produce a Court order, the document cannot be registered.
However, in such cases, the Sub Registrars either by way of instructions or at the time of appearance submits that the parties have not produced the document. In view of such discrepancy in statement of the parties and Sub Registrars, the Courts are being misled.
17. In some cases, it is further observed that the respondent officers who are dealing with the registrations of the documents are unable to decipher the orders of the Court and are simply relegating the parties and insisting the parties/citizens to approach the Court for repeated orders. In 10 this entire gamut of events, the citizens are not only over- burdened but also had to run pillar to post and are deprived of their rights guaranteed under Article 300-A of the Constitution of India.
18. Learned Assistant Government Pleader for Stamps and Registration, on instructions, submits that henceforth they will follow orders of this Court and will not insist citizens to approach the Court time and again and the Sub-Registrars will follow the Court orders scrupulously and in case of any clarification, the Sub-Registrars will seek instructions from the learned Government Pleaders and see that the orders of the Court are implemented in its true letter and spirit without troubling the citizens and would ensure that their rights guaranteed under Article 300-A of Constitution of India would be protected.
19. Recoding the submissions of the Sub-Registrar, this Court admonishes the Sub-Registrars in insisting the Court orders, on settled issues or matters attained finality. 11
20. With the above observations, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order without insisting for the proceedings of NALA Tax under the provisions of the Telangana Agricultural Land (Conversion for non- agricultural Purposes) Act, 2006. It is also open to the Registering Authority to refuse to register the subject document, by specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. It is needless to mention that the petitioner shall pay the Nala tax as per the provisions of The Telangana Agricultural Land (Conversion for Non Agricultural Purposes) Act, 2006 as and when demanded by the appropriate authorities under the said Act.
21. With the above observations and directions, this writ petition is disposed of.
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Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
_____________________________ N.V.SHRAVAN KUMAR., J 02.07.2024 mrm