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2019 DIGILAW 374 (TS)

Daduvai Pallavi, w/o. D. Mohan Das v. State of Telangana, rep. by its Prl. Secretary, Stamps and Registration Department, Secretariat, Hyderabad

2019-10-16

P.NAVEEN RAO

body2019
ORDER : It is the case of the petitioner that she is the owner and possessor of house bearing Municipal No.2-56/5/50, admeasuring 300 square yards with built-up area of 200 square feet with ACC sheets roof, constructed on Plot No.50 in Sy.No.41/11 situated at Matha Bhuvaneshwari Colony, Khanamet village, Serilingampally Mandal and Municipality, Ranga Reddy district. Petitioner intends to sell the above extent of land and when she approached the Joint Sub-Registrar-1 & 2, District Register Office, Ranga Reddy district, she was informed about the District Gazette notification issued by the District Collector, Ranga Reddy District, dated 26.09.2013, in which the objections were called from the affected persons against the proposal to notify the land in Survey No.41/11 of Matha Bhuvaneshwari Colony, Khanamet village Serilingampally Mandal and Municipality, Ranga Reddy district, covered under C.S.No.14 of 1958 under Section 22-A of the Indian Registration Act, 1908 (for short ‘the Act’). 2. Learned counsel for the petitioner submits that the said notification is without power or jurisdiction. A notification can be issued concerning the properties which are mentioned in Section 22(A)(1)(e) of the Act by the State Government and the District Collector has no power to notify any properties covered by Section 22(A)(1)(e) of the Act as the registration of Government lands by way of deeds of conveyance were prohibited. Learned counsel placed reliance on earlier orders issued by the Government in Memo No.28908/JA1/2004-1, dated 05.11.2004 and Memo No.59734/JA.1/2005, dated 18.05.2009, which inter alia disclosed that these lands are treated as private lands and directions were issued for mutation in terms of the orders in C.S.No.14 of 1958. 3. Learned counsel further submits that attempts made by the State Government in this Court and the Hon’ble Supreme Court have failed and therefore, the above orders are issued. Learned counsel therefore submits that the present notification issued by the District Collector treating it as ‘Sarkari Land’ is contrary to the orders of the Government and the District Collector does not have competence and power to overrule the orders of the Government and notify the subject land as ‘Sarkari land’. 4. Learned counsel therefore submits that the present notification issued by the District Collector treating it as ‘Sarkari Land’ is contrary to the orders of the Government and the District Collector does not have competence and power to overrule the orders of the Government and notify the subject land as ‘Sarkari land’. 4. Learned Government Pleader produced a memo filed by the 2nd respondent, wherein reference was made to the order of status quo passed by the Supreme Court in SLA (C) No(s).17362- 17363/2014 and also orders passed by the Joint Collector, Ranga Reddy District in Case No.D5/5412/2014, dated 06.08.2014, suspending the mutation granted in respect of M/s. Savera construction. 5. Learned Government Pleader submitted that in view of the order of status quo granted by the Supreme Court and further orders passed by the Joint Collector suspending the mutation orders passed in favour of M/s. Savera construction, no further action can be taken. 6. Learned Government Pleader submits that the lands in Survey No.41/11 of Matha Bhuvaneshwari Colony, Khanamet village, Serilingampally Mandal and Municipality are Government lands and that the Government is taking appropriate steps in this regard. 7. As regards the rival contentions on various issues concerning status of land and Government right to assert its title that cannot be gone into in this case. 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 No.44/11 of Khanamet village, Serilingampally Mandal in purported exercise of power under Section 22(A)(1)(e) of the Act. 9. Learned Government Pleader submits that the notification in question is not issued under the above said provision and that it is erroneously mentioned 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 Government Pleader fairly submits that there is no notification issued as on today under Section 22(A)(2) of the Act. 10. In other words, learned Government Pleader 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 Government Pleader, 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 No.44/11 of Khanamet village, Serilingampally Mandal and Municipality, Ranga Reddy district. 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 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. Pending miscellaneous petitions shall stand closed.