Telangana High Court
Shaik Sathar And Another vs The State Of Telangana And 6 Others on 1 July, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.13465 of 2021
Date:01.07.2021
Between:
Shaik Sathar, S/o. Shaik Khasim,
Aged 66 years, Occ: Agriculture,
Resident of Siddapur Village,
Kothur Mandal, Ranga Reddy District,
and another.
.....Petitioners
And
The State of Telangana,
Rep., by its Principal Secretary,
Revenue Department, Secretariat,
Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.13465 of 2021
ORDER :
This writ petition is filed praying to grant following relief:
"... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring action of 4th respondent in not considering our objection dated 20.05.2021 and entertaining registrations with regard to agricultural lands in Sy.No.139A and 139AA an extent of Ac.12.34 gts situated in Siddapur Village, Kothur Mandal, Ranga Reddy District and consequently direct 4th respondent to consider our objection dated 20.05.2021 with regard to entertaining of registration of agricultural lands in Sy.No.139A and 139AA an extent of Ac.12.34 gts situated in Siddapur Village, Kothur Mandal, Ranga Reddy District and to pass such other order or orders.."
2. Heard Sri R. R. Kalyan, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.
3. Petitioners claim to be agriculturists and in occupation of Acs.12.34 guntas of land in Sy.Nos.139A and 139AA of Siddapur Village, Kothur Mandal, Ranga Reddy District. They claim to have inherited the said property from their late father Shaik Khasim. However, the name of Madhar Sab was recorded as pattadar and name of late father was recorded only in possession column, though in 1974 itself, due to illiteracy their father could not take steps to correct the revenue records. According to petitioners, O.S.No.52 of 2005 was filed in the Court of Senior Civil Judge at Mahabubnagar by respondent Nos.6 and 7, praying to grant decree of injunction against the petitioners, but the said suit was dismissed on 16.08.2007, for non prosecution. Since petitioners have been in possession continuously, acquiring right and title over the said property, petitioners instituted suit praying to grant decree of declaration of title and possession in the Court of Senior Civil Judge, Mahaboobnagar at Shadnagar bearing O.S(S.R).No.59 -3- of 2021. That being so, petitioners now apprehend that the respondents 5 to 7 are attempting to dispose of the very same property to third parties and in such an event grave prejudice would be caused to the petitioners. On 20.05.2021, petitioners submitted application to the Tahsildar, Kothur Mandal-4th respondent, requesting not to entertain any deed of conveyance that may be presented by the respondents 5 to 7 on the above extent of land, during the pendency of civil suit. Alleging inaction, this writ petition is filed.
4. Admittedly, petitioners claim that they are in possession and since they are in possession for a long time, they shall be declared as acquiring title over the property. But the revenue records reflect the names of respondents 5 to 7 as pattadars. As per the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (Act 9 of 2020), Indian Registration Act, 1908 and Indian Stamp Act, 1899 the registering authority processing the deeds of conveyance affecting agricultural land has to entertain a document if the same is presented in compliance of the above provisions. If a document is presented by the pattadar proposing to alienate the land and a valid document is executed by him in compliance of the provisions mentioned above, the registering authority is bound to receive, process and register the document. The registering authority cannot refuse to receive the document merely on the ground that a counter claim is made on the title to the property and a suit is instituted before the competent Court. The registering authority can refuse to register the deed of conveyance or any other document affecting agricultural land, if it is included in the list of prohibited properties Under Section 22-A -4- of the Indian Registration Act or any restraint order is passed by the Civil Court or by this Court. Unless these two contingencies are attracted, the registering authority cannot be directed not to process the deed of conveyance, if otherwise, presented in compliance of the statutory provisions. The direction sought in the writ petition is in violation of the statutory mandate.
5. When a statutory authority is conferred power to receive a document for registration and statutory provisions vest right in a person to present the document for registration, the Court cannot restrain the statutory authority from entertaining the document. No direction can be issued to the statutory authority not to act in accordance with the provisions of the statute under which he is required to exercise his powers. Therefore, the prayer sought in the writ petition cannot be granted.
6. Writ Petition is accordingly dismissed, leaving it open to the petitioners to prosecute the pending suit. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 1st July, 2021 Rds / PT -5- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.13465 of 2021 Date:01.07.2021 Rds/PT