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2022 DIGILAW 649 (TS)

Abburi Uma Maheswara Rao v. State of Telangana

2022-10-13

MUMMINENI SUDHEER KUMAR

body2022
ORDER : Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for the respondents. 2. It is the case of the petitioners that one K.S.Amarnath had purchased the land admeasuring Acs.5.33 gts., situated in Sy.No.186 of VattinagulaPally Village, the then Rajendra Nagar Mandal, Ranga Reddy District in the year 1996 under a registered sale deed bearing document No.10088/2002. However during his life time, the said extent of land was not mutated in his name as he was otherwise busy. It is the further case that after the demise of said K.S.Amarnath, his wife and son stated to have succeeded to the said interest and executed an Agreement of Sale cum GPA, dated 28.08.2019 in favour of the petitioners herein. 3. When the said document was presented for registration before respondent No.4, the same was assigned pending No.648/1998. But finally the same was returned by respondent No.4 on the ground that respondent No.2 herein issued instructions through circular Memo No.G3/5079/2018, dated 20.05.2019, stating that the provisions of Section 6(B) and Section 6(D) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act, 1971’), applies equally to the Agreement of Sale cum GPA. Aggrieved thereby, the petitioners filed an appeal before respondent No.3 herein and respondent No.3, by an order dated 11.10.2019, dismissed the said appeal confirming the refusal order passed by respondent No.4. Aggrieved by the said refusal order dated 13.09.2019 and the appellate order dated 11.10.2019, the present Writ Petition is filed while challenging the circular Memo No.G3/5079/2018, dated 20.05.2019. 4. The learned counsel for the petitioners contended that the provisions of Act,1971, only relating to the entries made in the Revenue records and Pattadar Pass Books but not relating to registration of the documents, as the Registering Authority is not entitled to adjudicate or determine the rights of the parties and as such the circular dated 20.05.2019 issued by respondent No.2 putting the restrictions on registration of an Agreement of Sale cum GPA is contrary to the Indian Stamp Act and Registration Act, and thus contended that the action of respondent Nos.3 and 4 in insisting the executants of the said documents to produce the Pass Book and title deed, and updating the name of the executants on webland register etc., are totally without jurisdiction. He further contended that through the Agreement of Sale cum GPA in question no title is sought to be transferred in favour of the petitioners herein and transfer of title will takes place at a later stage and for the present, it is only authorizing is being given to the petitioners herein to manage the subject property. 5. Perused the material on record including the impugned proceedings and the circular Memo dated 20.05.2019. In order to appreciate the contentions of learned counsel for the petitioners and to decide the matter, it would be appropriate to note Section 6(B) and Section 6(D) of Telangana Rights in Land and Pattadar Pass Books Act, 1971, which reads as under:- Section 6(B): “(1) Pass Book holder to have entries of alienation etc., recorded in Pass Book : (1) Notwithstanding anything contained in the Registration Act,1908 (Central Act 16 of 1908), every pass book holder presenting a document of title deed before a registering officer appointed under the said Act, on or after coming into force of the Telangana Record of Rights in Land and Pattadar Pass Books (Amendment) Act, 1994 relating, to a transaction in land, such as purchase or sale, mortgage, gift, lease or otherwise shall get the necessary entries in respect of such transaction recorded in the title deed and Pass Book by such registering officer. (2) Every Pass Book holder acquiring a right by succession, survivorship, inheritance, partition, Government Patta, Court decree or otherwise shall get necessary entries in respect of such right recorded in the title and in the Pass Book by the Mandal Revenue Officer.” Section 6(D): “6D. Registering Authority to make entries in the Pass Book:- (1) It shall be obligatory on the part of any person having interest or right in land to produce the title deed and Pass Book before the Registering Authority appointed, under the Registration Act,1908 along with the documents he proposes to get registered and it shall be obligatory on the part of such Registering Authority to verify the Webland Data maintained electronically and make entry of every transaction of sale, gift, purchase, mortgage, lease or exchange in such title deed and Pass Book at the appropriate place or places under his signature and official seal. (2) Notwithstanding anything contained in the Registration Act, 1908, the Registering Authority shall not register any document relating to a transaction of the nature referred to in sub-section (1) without the production of the title deed and Pass Book by both the parties to the transaction; Provided that in the case of landless person including a tenant or a mortgagee who becomes owner of land for the first time by purchase of land through a registered sale deed, the Registering Authority shall obtain a declaration form him in the form prescribed and send the same to Mandal Revenue Officer to enable him to issue a Pattadar Pass Book in the owner category to such purchaser in the manner prescribed.” 6. In terms of Section 6(D) of Act, 1971, it shall be obligatory on the part of any person having interest or right in land to produce the title deed and Pass Book before the Registering Authority appointed under the Registration Act,1908, along with the documents he proposes to get registered and it also makes it obligatory on the part of the Registering Authority to verify the webland data maintained electronically and make an entry of every transaction of sale, gift, purchase, mortgage, lease or exchange in such title deed and Pass Book at the appropriate place under his signature and official seal. Thus, it is a mandatory obligation on the part of any person presenting a document having interest in the landed property to produce the title deed and Pass Book in order to get the said document registered. The Section 6(D) of the Act, 1971 makes a reference to various types of transactions and the same cannot be said to be an exhaustive list of documents. An Agreement of Sale cum GPA is also a document sought to be presented by the person claiming interest or right in the land as such, this Court has no doubt that any person presenting such a document also required to be comply with the requirements as contemplated under Section 6(D) of the Act, 1971. Respondent No.2 herein through circular Memo, dated 20.05.2019 only clarified the effect of Section 6(B) and Section 6(D) of Act, 1971, and said nothing more. 7. Respondent No.2 herein through circular Memo, dated 20.05.2019 only clarified the effect of Section 6(B) and Section 6(D) of Act, 1971, and said nothing more. 7. In the absence of the challenge to Section 6(B) and Section 6(D) of the Act, 1971, it is not open to the petitioners to challenge the circular Memo, dated 20.05.2019 and to contend that such a restriction imposed on registration of a document is contrary to the Registration Act, 1908. There is no dispute that Section 6(B) and Section 6(D) of Act, 1971 are very much there on the statute book. So long as such provisions are on the statute book, it is obligatory on the part of the persons presenting the document having right and interest in the landed property to comply with the requirements as contemplated under the said provisions. The impugned orders passed by respondent No.4 as confirmed by respondent No.3 herein are nothing, but reiteration of the requirement as contemplated under Section 6(B) and Section 6(D) of the Act, 1971. It is also necessary to notice that, though Act, 1971, was repealed w.e.f. 29.10.2020 by enacting Telangana Rights in Land and Pattadar Pass Books Act, 2020, the similar provisions which are in pari materia are very much existing in the new Act. 8. In the light of the above, this Court does not find any illegality or error in the order passed by respondent No.4 as confirmed by respondent No.3. Equally, as already observed above, the circular Memo, dated 20.05.2019 is nothing, but reiteration of the effect of statutory provision under Section 6(B) and Section 6(D) of the Act, 1971. 9. In the circumstances, this Court does not find any merit in the Writ Petition and the same is accordingly dismissed. However, it is left open to the petitioners to pursue their remedies in accordance with law. As a sequel, miscellaneous petitions, pending if any in this Writ Petition, shall stand dismissed. There shall be no order as to costs.