S. Aruna Devi W/o. Krishna Reddy v. State of Telangana, Rep. , by its Principal Secretary, Stamps & Registration Department
2021-04-20
P.NAVEEN RAO
body2021
DigiLaw.ai
ORDER : Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 2. Petitioner claims to be the absolute owner and in possession of different extents of land in different survey numbers of Mirdoddi Village and Mandal, Siddipet District acquired through registered Gift deed document No.712/2001 dated 20.09.2001 and document No.145/2002 dated 02.02.2002 executed by the mother of petitioner, Smt Indraja Devi. Petitioner intends to dispose of his property and entered into agreement of sale with A. Raidu Reddy in March, 2021 and went before the Sub-Registrar-cum-Tahsildar, Mirdoddi proposing to present the deed of conveyance. The Tahsildar refused to receive the sale deed on the ground that petitioner does not have online pattadar passbook. Petitioner contends that he filed W.P.No.10520 of 2018 praying to direct the 4th respondent therein to issue Digital pattadar passbook. Though this Court directed consideration of representation for issuance of digital pattadar passbook, till today, the digital pattadar passbook is not issued. 3. In other words, though petitioner intends to dispose of the property, he is restrained from presenting the deed of conveyance on the ground that he does not have digital pattadar passbook. He challenges the action of the Tahsildar insisting the petitioner to produce digital pattadar passbook. 4. In order to carry out certain reforms in the maintenance of revenue records and to streamline the recording of entries, called as ‘mutation’, in the revenue records, the State promulgated the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020). Section 5 of the Act vests power in the Tahsildar to act as Registrar under the Registration Act, 1908, to accept the deeds of conveyance and other deeds concerning the Agricultural land. The relevant sections are Sections 3, Section 3 : Preparation, maintenance and updating of record of rights :- (1) The Record of Rights in all lands in every village of the State shall be prepared and maintained digitally in a centralized storage in such form and in such manner as may be prescribed. (2) The Record of Rights shall contain the following particulars, namely :- (a) The names of all persons who are pattadars of lands; (b) survey numbers and extents of each pattadar; (c) such other particular as may be prescribed.
(2) The Record of Rights shall contain the following particulars, namely :- (a) The names of all persons who are pattadars of lands; (b) survey numbers and extents of each pattadar; (c) such other particular as may be prescribed. (3) The Record of Rights prepared and now being maintained under the provisions of this Telangana Record of rights in Land and Pattadar Pass Books Act, 1971 in electronic form shall be deemed to have been prepared and maintained under sub-sections (1) and (2)., Section 5, Section 5 : Registration and effecting Changes in the Record of Rights when right over the land acquired by way of sale, gift, mortgage or exchange:- (1) Any person who intends to transfer or obtain an interest in land by way of sale, gift, mortgage or exchange under a registered document shall apply, through the website prescribed for this purpose, to the Registrar for Protection to the State and Central Government Lands etc., Registration and effecting Change in Record of Rights when right over the land acquired by way of sale, gift, mortgage or exchange allotting available date and time to present the document as per the convenience of the person. (2) The Registrar shall allot the date and time, intimate to the person and maintain such particulars in the register in prescribed format. (3) The Person mentioned in sub-section (1) shall submit the transfer document in prescribed form, along with affidavits in the prescribed forms and Pattadar Pass Book-cum-Title Deeds, on the date and time allotted to them, before the Registrar. (4) In every case where the pattadar and property particulars in the document are in consonance with the entries in the Record of Rights and on payment of Stamp Duty and Registration fee prescribed as per the Registration Act and the Indian Stamp Act respectively and mutation charges prescribed, the Registrar shall register the document and carry out the consequent amendment to the relevant entries in the Record of Rights instantly, duly deleting the land covered by the document from the account of the transferor and adding the same to the account of the transferee in case of sale, gift, and exchange. (5) In case of mortgage, the charge created shall be recorded in Dharani.
(5) In case of mortgage, the charge created shall be recorded in Dharani. (6) The Registrar shall issue a new Pattadar Pass Book-cum-Title Deed in case of a transferee who does not hold a Pattadar Pass Book-cum-Title Deed, or a duly updated existing Pattadar Pass Book-cum-Title Deed, as the case may be, to the transferee and transferor under the document, instantly after effecting the changes to the Record of Rights. The registrar shall also furnish extract of changes made as appear in Record of Rights to transferee as well as to the transferor. (7) The extract of the changes to the Record of rights made under sub-section (4) shall be appended to and made part and parcel of the registered document., 11, Section 11: Evidentiary value of pattadar Pass Book-cum-title Deed :- The Pattadar Pass Book-cum-Title Deed issued under this Act shall be deemed to be the title deed and it shall have the same evidentiary value with regard to the title for the purpose of creation of equitable mortgage under the provisions of the Transfer of Property Act, 1882 as a document registered in accordance with the provisions of the Registration Act, 1908 has, under the law. and 12, Section 12 : Grant of Loans and Encumbrance : -(1) Any Credit Agency shall grant loan on the basis of Record of Rights maintained electronically without insisting on Pattadar Pass Book and copy of Pahani. The Agency shall not keep the Pattadar Pass Book-cum-Title Deed in case of crop loans as per the existing guidelines. (2) The credit agency shall record in the Record of Rights every loan disbursed to him and every repayment of such loan. of the Act 9 of 2020. 5. Pattadar passbook is the reflection of entries in revenue records similar to a passbook issued by the commercial Bank reflecting transactions of the customers in the bank account maintained by the bank. When existing owner of the land sells the entire extent or part of the land, on conclusion of sale transaction he will cease to be a owner to the extent of land sold. This sale transaction should reflect in the pattadar passbook. Consequent to the purchase, the vendee becomes the new owner to the extent of land sold.
When existing owner of the land sells the entire extent or part of the land, on conclusion of sale transaction he will cease to be a owner to the extent of land sold. This sale transaction should reflect in the pattadar passbook. Consequent to the purchase, the vendee becomes the new owner to the extent of land sold. He is entitled to mutate his name in the revenue records and for a pattadar passbook and title deed to the extent of land purchased by him. A new pattadar passbook cannot be issued without cancelling the pattadar passbook issued to the vendor. Otherwise there will be two passbooks in operation on same property. Suffice to note if only part of the land is sold by the owner, the entry to that extent has to be made in the pattadar passbook of vendor reducing the extent of his holding and a new passbook has to be issued to subsequent owner after mutating his name in the revenue records. Undertaking such exercise is mandatory to achieve transparency in maintaining revenue records. 6. Section 5 of the Act is Lucid on this aspect. It requires the vendor to submit transfer document along with affidavits and pattadar passbook-cum-title deed. He is also required to pay stamp duty, registration charges and mutation charges. On verification of property details as noted in the documents presented before him with the entries in record of rights, the registrar is required to register the document and required to carry out amendment to the record of rights deleting the land covered by the document from the account of the transferor and adding to the account of transferee. 7. From the reading of Section 11, it is clear that the Act gives the status to pattadar passbook and title deed as title deed to show the person as owner of the land to create equitable mortgage. He can enjoy the land so acquired. 8. Therefore, when a person intends to sell his land to another person, he has to present passbook at the time of registration. If the registering authority accepts the deed of conveyance, he reduces the extent of land sold by the vendor and add to the account of subsequent purchaser. Thus, once transaction is completed, the passbook shall not reflect the extent of land which is covered by the document presented for registration and accepted for registration.
If the registering authority accepts the deed of conveyance, he reduces the extent of land sold by the vendor and add to the account of subsequent purchaser. Thus, once transaction is completed, the passbook shall not reflect the extent of land which is covered by the document presented for registration and accepted for registration. Therefore, presentation of digital pattadar passbook is part and parcel of the entire scheme and unless and until the vendor presents the pattadar passbook of land he owns to sell, the registering authority cannot accept registration. 9. The Tahsildar while acting as a registering authority under the Registration Act is required to comply the statutory provisions governing such power. As a delegate and deriving power from the provisions of the Registration Act and the Act 9 of 2020, he cannot be directed to deviate from the provisions of the statutes and act in derogation to the provisions of the statutes. As a corollary, he cannot be directed to register the deed of conveyance not presented in compliance of the statutory requirement. 10. Learned counsel for the petitioner sought to contend that though petitioner has applied for issuance of e-pattadar passbook and though this Court directed consideration, sofar, e-pattadar passbook is not issued. The reasons for not issuing e-pattadar passbook are not known. If it is not issued for no valid reasons inspite of the directions issued by this Court, he ought to have availed appropriate remedy as warranted by law, on the aspect of the negligence or grave illegality committed by the Tahsildar in not granting e-pattadar passbook. But on that count he cannot seek to subterfuge the provisions of the Registration Act and Act 9 of 2020 and seek registration of the document dealing with the agricultural land without presenting the e-pattadar passbook reflecting the entries of the land on which transaction is proposed. 11. I therefore, do not see any error in the registering authority refusing to receive the deed of conveyance sought to be presented by the petitioner, as it was not accompanied by e-pattadar passbook. 12. Thus, granting liberty to the petitioner to prosecute his grievance regarding non-issuance of e-pattadar passbook, the Writ Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed.