Telangana High Court
Mula Malla Loka Reddy vs The State Of Telangana, on 4 November, 2024
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Petition No.27960 of 2024
ORDER:
Heard Mr.J.Prabhakar, learned senior counsel appearing on behalf of the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing on behalf of respondents. With their consent, this writ petition is taken up for disposal at the stage of admission.
2. The present writ petition is filed to declare the action of respondent No.4 in issuing the refusal order No.64/2024 dated 01.10.2024, pertaining to document bearing P.No.432/2024 on the file of respondent No.4 as illegal and arbitrary and in violation of orders of this Court in W.P.No.16109 of 2024 and W.P.No.14354 of 2024 and consequently direct respondent No.4 to register and release the said document.
3. It is the case of the petitioners that they are the absolute owners and possessors of north eastern part of plot Nos.239 and 240 in Sy.No.66/2 admeasuring 238 2 sq.yds., situated at Raidurg Naw Khalsa Village, Serilingampally Mandal, Ranga Reddy District through registered partition deed bearing Doc.No.9573/2023 dated 17.10.2023. The petitioners submit that they have applied for survey of said plots and got surveyed the land and got identified their plots bearing Nos.239, 240, 241 & 242 in Sy.No.66/2, Raidurg Nav Khalsa Village, Serlingampally Mandal, Ranga Reddy District. After due survey, the Assistant Director, Survey and Land Records has given a survey report along with sketch map to respondent No.5 vide File No.A3/2374/2022 dated 23.12.2022 and has categorically stated that the subject plots are falling in patta lands.
4. It is further submitted that subsequently the petitioners have obtained construction permission from GHMC on 28.10.2023 and constructed a house with stilt and two upper floors and accordingly house number was allotted by GHMC viz., H.No.7-66/2/NE/239 and 240 and petitioners are also paying house tax.
3
5. Thereafter, petitioners have sold the said house to third party and received sale consideration and presented the sale deed to respondent No.4 for registration on 28.09.2024. Respondent No.4 received the sale deed and given a refusal order bearing No.64/2024 dated 01.10.2024 to the petitioners and allotted pending document P.No.432/2024. In the said refusal order, it is stated that the document have been received and kept pending for scrutiny and after scrutiny it is found that the property bearing Plot No.239 and 240 is covered by Sy.No.66/2 which is Government land as per report of Assistant Director, Survey and Land Records, Ranga Reddy District and is prohibited for registration as per Section 22(A) of the Registration Act, 1908. Questioning the same, the present writ petition is filed.
6. Learned senior counsel for the petitioners draws attention of this Court to the list of prohibited properties filed along with the writ petition and would submit that the subject plots i.e., Plot Nos.239, 240 and 242 have not been included in the prohibited list and the same has not been 4 disputed by the learned Assistant Government Pleader for Revenue.
7. Learned Assistant Government Pleader for Revenue has placed a copy of instructions issued by the Sub- Registrar, Serilingampally wherein a copy of letter dated 28.03.2023 addressed by the Assistant Director, Survey and Land Records to the District Collector, Ranga Reddy District has been enclosed, wherein it is stated that the subject lands in Plot Nos.239, 240 and 242 total admeasuring 1867 sq.yds., are falling in Sy.No.66/1 which is a Government land situated at Raidurg, Nav Khalash Village, Serilingampally Mandal, Ranga Reddy District. It is further stated that the then Deputy Inspector of Survey, Rajendra Nagar Division has submitted a location/layout plan without proper inspection and verification showing the above said plots outside the Government land, as such the subject plots are showing in Sy.No.66/2.
8. Per contra, Mr.J.Prabhakar, learned senior counsel appearing on behalf of the petitioners would submit that in the refusal order dated 01.10.2024, the Sub-Registrar, 5 Serilingampally, by citing the reference of letter dated 28.03.2023 placed the subject properties under prohibited list as per Section 22(A) of the Registration Act, 1908. Learned senior counsel would further submit that as stated supra the subject lands are not shown in the prohibited list. He would further submit that unless the subject lands are identified as Government lands, the letter dated 28.03.2023 shall not be the basis for refusing the registration. Learned senior counsel would further submit that the Office of Greater Hyderabad Municipal Corporation has also issued building permit order in Sy.No.66/2 to the petitioners and as such Sy.No.66/2 is a patta land.
9. Learned senior counsel for the petitioners would draw attention of this Court to the order passed by this Court in W.P.No.16109 of 2024 dated 19.07.2024 wherein this Court has set aside the Lr.No.E5/2825/2021, dated 10.06.2021 in which Sy.No.66/2 is the part of the prohibited list as per the said letter dated 10.06.2021 and therefore, the present writ petition is squarely covered by the aforementioned order. The relevant portion of the order reads as under:
6
"13. As such, the letter dated 10.06.2021 in Lr.No.E5/2825/2021 and the similar letter dated 29.09.2021 in which reference of letter dated 10.06.2021 was made, are only letters submitted by District Collector, Ranga Reddy District to District Registrar, Registration & Stamps Department, Ranga Reddy District for taking further necessary action and that cannot be the basis for refusal for registration of the subject property. It is also pertinent to note that subsequently, no notification was issued by respondent authorities with respect to the list of lands mentioned in the letter dated 10.06.2022. In view of the same, letter dated 10.06.2021 in Lr.No.E5/2825/2021 and the similar letter dated 29.09.2021 submitted by District Collector, Ranga Reddy District to District Registrar, Registration & Stamps Department, Ranga Reddy District are not in consonance to the provisions of Section 22-A of the Act and 22(A)(1)(e) and Clause (vi) of the guidelines and the same cannot be referred for the purpose of denying registration of the subject properties.
Consequently, reference made vide Lr.No.E5/2825/2021, dated 10.06.2021 and similar letter dated 29.09.2021 are per se illegal, arbitrary and bad in law and are hereby set aside and writ petition stands allowed. Registering Authorities are directed to receive, 7 register and release the sale deed presented by the petitioner in respect of the subject property, 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 to register the subject document, by specifically assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner.
14. Needless, to state that respondent Authorities shall scrupulously follow the directions and shall not further refer to the Lr.No.E5/2825/2021 dated 10.06.2021 and similar letter dated 29.09.2021 as a reason for refusal of registration and Registering Authorities shall verify the same before denying the registering on the similar ground which has already been addressed in this writ petition. 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 authorities either in revision/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.8
15. Accordingly, writ petition is allowed with the above observations."
10. Learned Assistant Government Pleader for Revenue did not dispute the same and reported no objection in passing the similar order.
11. In view of the submissions made by learned counsel on either side and in view of the order of this Court in W.P.No.16109 of 2024, this writ petition is allowed and the refusal order No.64/2024 dated 01.10.2024 is hereby set aside. Registering Authorities are directed to receive, register and release the sale deed presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899.
12. 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 authorities either in revision/appeals for adjudication and in any other case 9 this order also does not preclude the parties in asserting their rights before a competent Court of law.
Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ N.V.SHRAVAN KUMAR, J 04.11.2024 MRM