Sri K. Srinivasa Rao v. The State of Telangana

Court: High Court for State of Telangana

Bench: N.V.SHRAVAN KUMAR

Judgment date: 2024-02-22

Case summary

High Court for State of Telangana judgment dated 2024-02-22. Sri K. Srinivasa Rao v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 3255 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF FEBRUARY . TWO THOUSAND AND TWENTYFOUR PRESENT THE HONOURABLE SRI JUSTICE N. V. SHRAVAN KUMAR WRIT PETITION NO:360 50F 2024 Between: Sri K. Srinivasa Rao. S/o Sri Sambasiva Rao, Aged about 54 years, Occ;. Business, Rl/o 7th ward. ooo. Brahman Tempre ' streei,-nngiiakuolii poii,-r-J*ri-irr-rnour, Guntur District. ..... PET! TIONER AND 1. The State of Telanoana, Rep. by its principal Secretary (Revenue), Secretariat,Hyderibad. " 2. Commissioner The and lnspector General of Registration and Stamps, Telangana State. 3. The Sub Registrar, euthbullapur, Medchat _ IMalkajgiri District. .....

RESPONDENTS Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed theri:with, the High court may be pleased to issue writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the more particularly respondent No. 3 i. e. , The sub Registrar, Quthbuilapur, Medchal - Malkajgiri District, in refusing to register and release the Rectification Deed i. e. , pending Document No. p. 22t2o24 vide lntimation sf Refusal No. 1112024 dated 06-02-2024, presented by the petitioner and his vendors in respect of all that the open Land in Sy. No. 328, admeasuring 2420 sq. Y ards or Ac. 0-20 guntas, situated at Gajularamaram Village, Quthbullapur Mandal, Under GHMC circle, Medchal- Malkajgiri District, on the ground of Memo No. G313247t2018, dated 01 . OS. 2O1T, issued by respondent No.

2 is illegal, arbitrary, in violation of Articles 14, 21 and 300-4 of constitution of lndia and also in violation of Registration Act, 1908, besides in violation of Principles of Natural Justice and consequently to direct the respondent No. 3 i. e. , The Sub Registrar, Quthbullapur, Medchal - Ir/alkajgiri District, and consequently direct the respondents more particularly respondent no. 3 i. e. , The Sub Registrar, Quthbullapur, tr/edchal - t\/alkajgiri District, herein to register and release the Rectification Deed i. e. , Pending Document No. P. 22l2O24 vide lntimation of Refusal No. 1112024 daled 06-02-2024. !. A. NO:1 OF 2024 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 3 to register and release the Rectification Deed i. e. , Pending Document No. P. 22l2O24 by suspending the lntimation of Refusal No.

1112024 dated 06-02-2024, presented by the petitioner and his vendors in respect of all that the Open Land in Sy. No. 328, admeasuring 2420 Sq. Yards or Ac. 0-20 guntas, situated at Gajularamaram Village, Quthbullapur Mandal, Under GHMC Circle, Medchal- tr/alkajgiri District, pending disposal of the above writ petition. Counsel for the Petitioner : SRI KATIKA RAVINDER REDDY Counsel for the Respondents : AGP FOR REVENUE The Court made the following ORDER THE HONOURABLE SRI JUSTICE N. V. SHRAVAN KUMAR IIIRIT PETITION No. 35O5 of 2o24 ORDER: Heard Sri K. Ravinder Reddy, the learned counsel for the learned Assistant Government Pleader for Stamps petitioner and the for the respondents and perused and Registralion appearing the material made available on record' consent of both the learned counsel, this writ petition 2. With the at the threshold is disposed of 3. This writ petition has been hled seeking a writ of mandamus to declare the action of the respondent No.

3, Sub Registrar, Medchal-Malkajgiri District, in refusing to register and euthbullapur, i. e. pending document No. P. 22l2O24 release the rectihcation deed d,ated vide Intimation of Refusal No. ll/2O2a 06. 02. 2024, presented by the petitioner and his vendors in respect of all that the open land in Sy. No. 328, admeasuring 242O sq. yds. , or Ac. O. 20 guntas, situated at Gajularamaram village, Quthbullapur Mandal, under GHMC Circle, Medchat-Malkajgiri District, on the ground of Memo No. G3 /32a7 I 2O18, dated O1. O5. 2O19 issued by the respondent No. 2, as illegal, arbitrary and consequently to direct the respondent No. 3 to register and release the subject deed. 4. Making his submission with regard to the merits of the matter, the learned counsel for the petitioner submitted that the petitioner's itvsx. J 2 w. P. No. 36()5 0f 2024 vendor No. l had executed a sale deed in lavour of the petitioner's vendor No.

2 in respect of the subject property having purchased the same through a registered sale deed bearing Document No. 2355/2OO8 dated 23. O2. 2OO8, registered at the SRO, whereas Quthbullapur and in the above sale deed the North and East boundary was wrongly mentioned as NORTH: Land in Survey No-329/part, EAST: Land in Survey No. 329/Part, instead of NORTH: 40 feet wide road, EAST: 3O feet wide road. It is further submitted that the parties have not identihed the same at the time of registration and the petitioner's vendor No. l executed the deed of rectification in favour of the petitioner's vendor No. 2 to rectify the said mistake of wrongly mentioned boundaries. It is also submitted that except the above said mistake or wrongly mentioned boundaries, there are no other changes either in the name of the Vendor, Vendee, Plot number, land admeasuring, survey number, village name and remaining boundaries as per principal sale deed document No. 2355/2008. 5.

It is further submitted that the petitioner and his vendors had presented the rectification deed for registration before the respondent No. 3 but the respondent No. 3 had refused to register the rectification deed by assigning the following reasons: "1. That the property set forth in the document is al agriculture property arrd executants has farled to produce non agriculture larrd conversion certiilcate. The Telangana Rights in Land and Pattadar Pass Books AcL, 2O2O (Act 9 of 2O2O) which has come into w. P. 0,3605 of2024 operation w. e. f-, I9rh Septembcr 2O2O dehned the Tahsildar-cum-Joint Sub-Registrar as Registrar to register the agricultural lands situated in his jurisdiction. Consequent to rhe operation of the above Act, the Government of Telangana, through G. O. Ms. No. 118 Rev (Regn-t) Depr Dt. 28. 10.

202O, has established the Offices of Joint Sub-Registrars under Section 7(1) of the Registrariorl Act, I9OS ald appointed Tahsildars of the concerned Mandal as TahsildarJoint Sub-Registrar in respect o[ agriculture lands and the Sub-Registrars arc ceased ro be Registering Oflicers in respect of agriculturc lards. Hcnce Sub,Registrar, Quthbultapur has no jrrrisdiction over the property. 2. That the Commissioncr and lnspector General (R&S) Dept Memo G3/324712O1a Dated: O1-05-2019 has instructed that rvhcnever huge lar-rds are showing in Sq. yards :md sought to registration, ttre Registrar shall invariably reler wcb lald (Dharanr) ald hnd out the owners as per revenuc records and insist upon conversion certrficatc au thont\, " 6. The learned counsel for the petitioner further submitted that the plain reading of the reasons lor rclrrsal :rrc untenable in the eye of law as the respondent No. 3 contcnded that as per the G. O. Ms. No. l Ig dated 28. 10.

2O2O, he seizcd rhe power to execute the iands which are in agriculture, but the rcspondenr No. 3 l-ailccl [o know that the subject land which is sought lor rcgistration is Non agriculture and that to the same is sought for rcgistration undcr square yards but not in acreage. As such, the first objection is rt(,1 rcntrblc uncler the eye of law. In so far as the seconcl objcction is conr. r:rncd that whenever huge lands are shou,ing in square yarcls and sought for registration, NVSK. J 4 w P, No 3605 or2024 o the Rcgistrar shall invariably refer web land (Dharani) and Frnd out the owners as pcr the rcvenue records and insist upon conversion certifica[e i. c.. NALA. But thc web land Dharani record clearly shows that the land in Sv. Nc;. 328 was couverted into house sitcs and plots as such lhc qucstion 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 rcquisite lees on 28. 03. 2023 and the authorities are wailing for t he proccss thc said request. It is further submittcd that thc respondcnt No. 3 has lailed to verify the online record of Dharani web land in respcct o[ the subject Sy. No. 328, which clearly speaks about thc naturc of thc land i. c. , houses/house sites and on the olher hand, the area rvherc t1-rc subjcct property is situated is in the urban agglomeralron. As such, the second objection is a'lso untenable. lt is further sul>mittcd that thc acts of the respondent No. 3 are in contra to the Registration Act as there is no prohibition or whatsoever in respect o[ rl'rc subject land for registration and cntire revenue records clearlv spcaks that the land is in nature of house sites and also private patta lzrnd as such insisting the petitioner and his vendors ('i. O. l\4s. No. 118 [o comp]! ' u'ith rhc and memo dated O1. 05.

2Oi9 r'rcle G313247 l2018 is iilcgal :rnd arbitrary. 7. On thc othr:r h:rnd, the learned Assistant Gover-nmcnt Pleaclcr for Starnps ancl RcgisrraLior-r submitted that as per Dharani portal, the subjcct propcrl\ is sl-ros,n Lo be houses and thc petitiont:r, however, did not choose to pay NALA charges and proceedings are not placed. 8. At this stage, the learned counsel for the petitioner drawn attention of this court to the order dated 25. o9. 2o23 w. P. No. 15124 of 2023 by this court and submitted issue has been considered and while setting aside the refusal therein had directed the Registering authority to register document therein and sought to pass similar order. 9. This submission has not been disputed by the learned Assistant Government Pleader for Stamps and Registration. 10. A perusal of the order dated 25. O9. 2023 W. P. No. 15124 of 2023 at paras 5 and 6 reads as under: "5.

When the subject property is shown classified as houses in the Dharani portal, which data base created by the Government for Integrated Land Records management System, this Court is view that the land cannot again be treated agricultural land. So far as pa5rment of Nala charges is concerned, as there is obligation on part of tJle parties to the Sale deed to pay Nala charges, they have to the same without arry resistance as ald when directed. 6. Hence, this Court considers desirable to aside the order of refusal and to direct the Registering Authority to register the document subject compliance of all other formalities. ,, I I w. P. No. 3605 11. In view of the above and the for the reasons alike in the dated 25. 09. 2O23 passed in W. P. No. I5124 of 2023 by this Court, Refusal No. ll 12024 dated 06. 02.

2024 is hereby set aside and writ petition is disposed of directing the respondent Sub-Registrar, to register the subject document in case, the same consonance with the provisions of Registration Act, 190g and Indian Stamp Act, 1899. Where the document is not liable for registration under those provisions, a Refusal order can be passed and decision taken be intimated to the petitioner in writing. The parties the document are directed to pay NALA charges and when directed without raising any resistance. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/. K. SREERAMA MURTHY ASSISTANT REGISTRAR //TRUE COPYII r0, SECTION OFFICER (Revenue), Secretariat, State of Telangana at 1. The Principal Secretary, Hyderabad. Z. i6. Co. rissioner and lnspector General of Registration and Stamps' Telangana State. 3. The S"uO Registrar, Quthbullapur, Medchal - Malkajgiri District' +'r*"CCsto-GpForRevenue,HighCourtfortheStateofTelanganaat Hyderabad.

[OUT] 5. One CC to Sri Kaiika Ravinder Reddy, Advocate [OPUC] 6. Two CD CoPies SA GJP N-y 1\ , * HIGH COURT DATED:2210212024 ogDER WP. No. 3605 of 2024 1HE SI4 I o < (1\ ! ) (' .. ) 0 4 ilAn 2024 z ,o qi * o * '-SP, \TC Heo DISPOSING OF THE W. P WITHOUT COSTS. )A \}

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.