Telangana High Court
Ashok Taneja Ashok Kumar Taneja, vs State Of Telangana, on 6 October, 2023
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION No.27917 OF 2023
ORDER:
Heard Sri Srikanth Kaveti, learned counsel for the writ petitioners, as well as Ms.B.Haritha, learned Assistant Government Pleader for Stamps and Registration, who is representing respondent Nos.1 to 4.
2. This Writ Petition is filed seeking an order in the nature of writ of Mandamus declaring the action of respondent No.3 in not receiving and registering the sale deed submitted by the writ petitioners in respect of Plot No.163 located in Sy.No.5/3, admeasuring 350 square yards, of Raidurg Pan Maqtha Village, Serilingampally Mandal, under GHMC Serilingampally Circle, Ranga Reddy District, on the ground of draft Notification dated 26.9.2013, issued by the District Collector, Ranga Reddy District as illegal and consequently, to direct respondent No.3 to receive, register and release the sale deed with regard to the subject property.
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Dr CSL, J W.P.No.27917 of 2023
3. Learned counsel for the writ petitioners stated that through the draft notification, dated 26.9.2013, only objections were called for and subsequently, no proceedings went on and the subject land is not placed in the prohibitory list and the contents of the said notification themselves reveal calling for objections and therefore, basing on the said notification, registrations cannot be stopped.
4. The opening sentences of the said notification reads as under:-
"In exercise of the powers conferred under G.O.Ms.No.863 Rev (Reg.I) Dept., dated 20.6.2007 and CCLA's circular Instructions No.B1/385/2012, dated 29.5.2013, the following lands are notified under Section 22-A(1)(a) for the purpose of Section 22A(1). Notice is hereby given inviting objections and suggestions on the above proposal from all persons who are likely to be affected thereby for being taken into considering by the Government. All objections and suggestions should be in writing in English or in Telugu and should be addressed to the Collector (by designation) of Ranga Reddy District within whose jurisdiction the area lies, so as to reach the office of the Collector, Ranga Reddy District on or before the 3 Dr CSL, J W.P.No.27917 of 2023 expiry of thirty days from the date of publication of this notification in the Andhra Pradesh Gazettee."
5. Learned counsel for the writ petitioners, stating that transactions were stopped by the Registering Authority and submitting that with regard to the same subject matter i.e., referring the notification dated 26.9.2013, this Court passed appropriate orders, relied upon the order of this Court rendered in Writ Petition No.19069 of 2014, dated 25.8.2014. Discussing the matter at length, this Court at para 12 of the said order held as follows:-
"Hence, the Writ Petition is disposed of directing the Sub-Registrar to receive and process the deeds of conveyance without reference to the District Gazette notification, dated 26.09.2013 in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, it is open to the registering authority to refuse to register the deeds presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the decision to the petitioners. It is made clear that mere registration of deed of conveyance does not confer title to the property and it is made clear that this order does not preclude the Government to take appropriate steps as warranted by law and to assert its title."4
Dr CSL, J W.P.No.27917 of 2023
6. Having regard to the facts and circumstances of the case and as no final orders are placed before this Court to show that a decision with regard to placing the subject land in prohibitory list is finalised and further, taking into consideration the findings given by this Court in the earlier Writ Petition that is referred supra, the present Writ Petition is disposed of on the same lines.
7. Respondent No.3 is directed to receive and register the sale deed presented by the petitioners in respect of Plot No.163, located in Sy.No.5/3, admeasuring 350 square yards, of Raidurg Pan Maqtha Village, Serilingampally Mandal, under GHMC Serilingampally Circle, Ranga Reddy District, and to release the said document without reference to the District Gazette notification, dated 26.09.2013, in case, the said document is in consonance with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899. In case, it is found that the said document is not admissible for registration, necessary orders in that regard shall be passed and the objections 5 Dr CSL, J W.P.No.27917 of 2023 shall be communicated to the petitioners in writing. There shall be no order as to costs.
8. Miscellaneous petitions pending, if any, shall stand closed.
_______________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:06.10.2023 Note:
Issue CC by 11.10.2023.
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