Telangana High Court
Dayyala Jyothi vs The State Of Telangana on 18 July, 2023
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION No.18712 OF 2023
ORDER:
Heard Sri Rapolu Bhaskar, learned counsel for the petitioner, as well as Sri B.Dileep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing Respondent Nos.1 to 5.
2. This Writ Petition is filed seeking the Court to issue an order or direction more particularly in the nature of Writ of Mandamus declaring the action of respondent No.5- Registering Authority in not receiving and registering the sale deed presented by the petitioner in respect of land admeasuring Ac.1.21 guntas, which is located in Sy.No.605/3 of Pedda Amberpet Revenue Village Shivar, Abdullapurmet Mandal, Ranga Reddy District, basing on the Gazette Notification dated 26.09.2013, as illegal and arbitrary and consequently to direct the said Public Authority to entertain the registration process.
3. Making his submission, learned counsel for the petitioner submits that the petitioner is the lawful owner and 2 Dr CSL, J W.P.No.18712 of 2023 possessor of the subject land and due to her necessities, she intended to sell her land and she had presented the sale deed for registration, but the 5th respondent failed to accept the sale deed on the ground that the land is prohibited for registration as per the Gazette Notification dated 26.09.2013. Learned counsel submits that the said Gazette Notification does not mean that the land in question is prohibited for registration and this Court, in umpteen number of cases, had directed the Registering Authority to proceed with the registration and complete the process and therefore, similar orders may be issued.
4. In this regard, learned counsel referred to the decisions of this Court in W.P.No.26288 of 2019, dated 28.11.2019, W.P.No.2886 of 2020, dated 24.02.2020, W.P.No.11240 of 2020, dated 28.07.2020, W.P.No.10039 of 2020, dated 10.07.2020, W.P.No.6388 of 2020, dated 25.06.2020 and W.P.No.4358 of 2020, dated 28.02.2020.
5. Per contra, the submission of learned Assistant Government Pleader for Stamps and Registration is that the petitioner is not the lawful owner of the subject land and 3 Dr CSL, J W.P.No.18712 of 2023 further, as per the Gazette notification, the property falls in the prohibitory list and therefore, the Registering Authority rightly refused to entertain the said document and register the same.
6. In reply to the said submission, learned counsel for the petitioner submits that on thorough verification, Pattadar Pass Book was issued in favour of the petitioner with regard to the subject land duly mentioning that the petitioner is the pattadar of the said land. Learned counsel also states that the Gazette Notification is invalid in the eye of law. The Gazette Notification is the one which is issued through Proc.No.E5/4976/2013/HAYATHNAGAR/Pedda Amberpet, dated 26.09.2013. 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 29.05.2013, the following lands are notified under Section 22-A(1)(a) for the purpose of Section 22-A(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 consideration by the Government. All objections and 4 Dr CSL, J W.P.No.18712 of 2023 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 Collector, Ranga Reddy District, on or before the expiry of thirty days from the date of publication of this notification in the Andhra Pradesh Gazzette."
7. Thus, by the aforementioned averments in the Notification, it is clear that objections and suggestions were called for with regard to notifying the subject land in the prohibitory list. Therefore, as rightly contended, the said Notification prima facie cannot be termed to be a prohibitory order. Further, this Court in the orders rendered in W.P.No.26288 of 2019, dated 28.11.2009, dealing with the same notification, however in respect of a different village, at Paras 8 to 12 of the order, held as follows:-
"8. The only issue for consideration in this Writ Petition is whether the notification issued by the District Collector amounts to prohibition of registration of lands mentioned therein concerning Survey Nos.77 to 80 of Hafeezpet Village in purported exercise of power under Section 22(A)(1)(e) of the Act.
9. Learned Advocate General submits that the notification in question is not issued under the above said provision and that it is erroneously mentioned 5 Dr CSL, J W.P.No.18712 of 2023 and that the power is vested to issue a notification only in the State Government under Section 22(A)(2) of the Act. Further, the State Government is entitled to call for the report from the District Collector and the notification issued on 26.09.2013 is for the purpose of compiling the information and submitting a report to the State Government to enable it to issue a notification under Section 22(A)(2) of the Act.
10. In other words, learned Advocate General fairly submits that there is no notification issued as on today under Section 22(A)(2) of the Act. It is further submitted that only after receipt of report from the District Collector and after examining the same by the State Government, appropriate action as warranted by law more particularly under Section 22(A)(2) of the Act would be taken.
11. In view of the submission of learned Advocate General, it is made clear that notification dated 26.09.2013 is not a notification under Section 22(A)(2) of the Act and since, as on today, there is no such notification issued under Section 22(A)(2) of the Act, there is no restraint on the registering authority to receive and process the deeds of conveyance concerning the lands in Survey Nos.79 to 80 of Hafeezpet Village.
12. 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 6 Dr CSL, J W.P.No.18712 of 2023 notification dated 26.09.2013 in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, it is open for 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. No costs."
8. Thus, in the light of the aforementioned facts, this Court is of the view that the petitioner is justified in seeking for a direction to the Public Authority to perform its duty.
9. Resultantly, this Writ Petition is disposed of with the following direction:-
Registering Authority is directed to receive and register the document presented by the petitioner in respect of land to an extent of Ac.1.21 guntas, which is located in Sy.No.605/3 of Pedda Amberpet Revenue Village Shivar, Abdullapurmet Mandal, Ranga Reddy District, subject to the verification of 7 Dr CSL, J W.P.No.18712 of 2023 the nature of the land and supporting documents to be submitted by the petitioner with regard to her capacity to sell the land without reference to District Gazette Notification dated 26.09.2013, in case, the said documents are in compliance 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 shall be communicated to the petitioner in writing. There shall be no order as to costs.
10. Miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 18.07.2023 dr