Telangana High Court
Sri K. Srinivasa Rao vs The State Of Telangana on 11 March, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.3638 of 2024
ORDER:
Heard Sri K.Ravinder Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material made available on record.
2. With the consent of both the learned counsel, this Writ Petition is disposed of at the threshold.
3. This Writ Petition has been filed seeking a writ of mandamus to declare the action of the respondent No.3-the Sub Registrar, Quthbullapur, Medchal-Malkajgiri District, in refusing to register and release the Cancellation Deed (of Rectification Deed) i.e., pending document No.P.16/2024 vide Intimation of Refusal No.10/2024 dated 06.02.2024, presented by the petitioner and his vendors in respect of all that the undivided share of land in part of Sy.No.328, admeasuring 2000.13 sq.yds., or Ac.0.16.53 guntas, out of 50% undivided share of land admeasuring Ac.4.39 ½ guntas, situated at Gajularamaram village, Quthbullapur Mandal, under GHMC Circle, Medchal-Malkajgiri District (formerly known as Ranga Reddy District), on the ground of Memo No.G3/3247/2018, dated 01.05.2019 issued by respondent No.2, is illegal, arbitrary, in violation of Articles 14, 21 and 300-A of Constitution of India and also in violation of Registration Act, 2 1908, besides in violation of principles of natural justice and consequently to direct respondent No.3 to register and release the subject deed.
4. Making his submission with regard to the merits of the matter, learned counsel for the petitioner submitted that the petitioner's vendors have executed a Cancellation Deed (of Rectification Deed) in favour of the petitioner, in respect of the undivided share of land in Part of Sy.No.328, admeasuring 2420 Sq. Yards or Ac.0-20 guntas, out of 50% undivided share of land admeasuring Acs.4-39 ½ guntas, situated at Gajularamaram Village, Quthbullapur Mandal, Under GHMC Circle, Medchal-Malkajgiri District (formerly known as Ranga Reddy District), through a registered Sale Deed bearing Sri K. Srinivasa Rao S/o Sri Sambasiva Rao, registered at S.R.O., Quthbullapur, and whereas later on the petitioner's vendors have executed a Rectification Deed in favour of the petitioner in respect of the undivided share of Land in Part of Sy.No.328, admeasuring 2000.13 Square Yards or Ac.0-16.53 guntas, out of 50% undivided share of land admeasuring Acs.4-39½ guntas, situated at Gajularamaram Village, Quthbullapur Mandal, Under GHMC Circle, Medchal-Malkajgiri District (formerly known as Ranga Reddy District), through a Rectification Deed bearing Document No.4584/2016 dated 28-04-2016, registered at S.R.O., Kukatpally, and whereas the above said property as per physical possession the total extent of the land is Ac.0-20 Guntas but in Rectification Deed the land extent is wrongly mentioned as Ac.0-16.53 Guntas. Under the said circumstances, 3 the petitioner and his vendor had entered into Cancelation Deed of Rectification Deed.
5. It is further submitted that the petitioner and his vendor had presented the Cancellation Deed of Rectification Deed for registration before respondent No.3 but respondent No.3 had refused to register the said deed by assigning the following reasons:
"1. That the property set forth in the document is an agriculture property and executants has failed to produce non agriculture land conversion certificate. The Telangana Rights in Land and Pattadar Pass Books Act, 2020 (Act 9 of 2020) which has come into operation w.e.f., 19th September 2020 defined the Tahsildar-cum-Joint Sub-Registrar as Registrar to register the agricultural lands situated in his jurisdiction. Consequent to the operation of the above Act, the Government of Telangana, through G.O.Ms.No.118 Rev (Regn-I) Dept Dt.28.10.2020, has established the Offices of Joint Sub-Registrars under Section 7(1) of the Registration Act, 1908 and appointed Tahsildars of the concerned Mandal as Tahsildar-Joint Sub-Registrar in respect of agriculture lands and the Sub-Registrars are ceased to be Registering Officers in respect of agriculture lands. Hence Sub-Registrar, Quthbullapur has no jurisdiction over the property.
2. That the Commissioner and Inspector General (R&S) Dept Memo G3/3247/2018 Dated:01-05-2019 has instructed that whenever huge lands are showing in Sq. yards and sought to registration, the Registrar shall invariably refer web land (Dharani) and find out the owners as per revenue records and insist upon conversion certificate authority."
6. Learned counsel for the petitioner further submitted that the plain reading of the reasons for refusal are untenable in the eye of law as respondent No.3 contended that as per the G.O.Ms.No.118 dated 28.10.2020, he seized the power to execute the lands which are in agriculture, but respondent No.3 failed to know that the subject land which is sought for registration is Non-agriculture and that to the same is sought for registration under square yards but not in acreage. As such, the first objection is not tenable under the eye of law. In so far as the second 4 objection is concerned that whenever huge lands are showing in square yards and sought for registration, the Registrar shall invariably refer web land (Dharani) and find out the owners as per the revenue records and insist upon conversion certificate i.e., NALA. But the web land (Dharani) record clearly shows that the land in Sy.No.328 was converted into house sites and plots as such the question of producing NALA and getting registration before the Tahsildar as per the G.O.Ms.No.118 is unwarranted. But, in the instant case, the subject property was converted into non-agriculture and also paid requisite fees on 28.03.2023 and the authorities are waiting for the process the said request. It is further submitted that respondent No.3 has failed to verify the online record of Dharani web land in respect of the subject Sy.No.328, which clearly speaks about the nature of the land i.e., houses/house sites and on the other hand, the area where the subject property is situated is in the urban agglomeration. As such, the second objection is also untenable. It is further submitted that the acts of respondent No.3 are in contra to the Registration Act as there is no prohibition or whatsoever in respect of the subject land for registration and entire revenue records clearly speaks that the land is in nature of house sites and also private patta land as such insisting the petitioner and his vendors to comply with the G.O.Ms.No.118 and memo dated 01.05.2019 vide G3/3247/2018 is illegal and arbitrary.
7. On the other hand, learned Assistant Government Pleader for Stamps and Registration submitted that as per Dharani portal, the subject property 5 is shown to be houses and the petitioner, however, did not choose to pay NALA charges and NALA conversion proceedings are not placed.
8. At this stage, learned counsel for the petitioner drawn the attention of this Court to the orders dated 25.09.2023 and 22.02.2024 passed in W.P.Nos.15124 of 2023 and 3605 of 2024 by this Court and submitted that the similar issue has been considered and while setting aside the refusal order therein had directed the Registering authority to register the subject document therein and sought to pass similar order.
9. This submission has not been disputed by learned Assistant Government Pleader for Stamps and Registration.
10. A perusal of the order dated 25.09.2023 passed in W.P.No.15124 of 2023 at paragraph Nos.5 and 6 and the order dated 22.02.2024 passed in W.P.No.3605 of 2024 at paragraph No.10, reads as under:
"5. When the subject property is shown to be classified as houses in the Dharani portal, which is a data base created by the Government for Integrated Land Records management System, this Court is of the view that the land cannot again be treated as an agricultural land. So far as payment of Nala charges is concerned, as there is obligation on part of the parties to the Sale deed to pay Nala charges, they have to pay the same without any resistance as and when directed.
6. Hence, this Court considers desirable to set-aside the order of refusal and to direct the Registering Authority to register the document subject to compliance of all other formalities."
11. In view of the above and the for the reasons alike in the orders dated 25.09.2023 and 22.02.2024 passed in W.P.Nos.15124 of 2023 and 3605 of 2024 by this Court, Refusal No.10/2024 dated 06.02.2024 is hereby set aside 6 and this Writ Petition is disposed of directing respondent No.3-the Sub-Registrar, to register the subject document in case, the same is in consonance with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. Where the document is not liable for registration under those provisions, a Refusal order can be passed and the decision taken be intimated to the petitioner in writing. The parties to the document are directed to pay NALA charges as and when directed without raising any resistance. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 11.03.2024.
NDS