SILVERSAND INFRATECH PVT LTD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The grievance of the petitioner is that the Joint Sub-Registrar-1 and 2, District Register Office, Ranga Reddy District, respondent No.3, is refusing to register the documents presented by it in relation to Flat No.501 (in Fifth floor) of 'SILVERSAND CYBERDYNE 3' with built-up area of 1,717 square feet (including common area and one car parking) along with undivided share of land admeasuring 74 square yards (out of total land admeasuring 740 square yards) constructed on House No.2-41/5/A/1 on Plot No.8 (Part) and on Plot No.9 in Survey No.41/5 of Khanamet Village, GHMC, Serilingampally Circle, Serilingampally Mandal, Ranga Reddy District, on the strength of the Notification dated 26.09.2013 issued by the District Collector, Ranga Reddy District.

(2.) Sri S.Sridhar, learned counsel for the petitioner, would inform this Court that the aforesaid Notification dated 26.09.2013 was considered by the common High Court for the States of Telangana and Andhra Pradesh earlier in Writ Petition No.19069 of 2014 and the common High Court directed entertainment of the document for registration in that case without reference to the said Notification. He would also point out that similar were the observations of another learned single Judge of the common High Court for the States of Telangana and Andhra Pradesh in Writ Petition No.38491 of 2018. Perusal of the Notification dated 26.09.2013 would demonstrate that the District Collector, Ranga Reddy District, purported to issue the said Notification notifying lands under Section 22-A(1)(a) of the Registration Act, 1908 (for brevity, 'the Act of 1908') and invited objections and suggestions from the affected people. Section 22-A(1)(a) of the Act of 1908 prohibits registration of documents relating to transfer of immovable property, alienation or transfer of which is prohibited under any statute of the State or the Central Government. Significantly, no procedure is prescribed to the effect that a prohibitory list in relation to the lands which would be covered by Section-22-A(1)(a) of the Act of 1908 should be prepared only after calling for objections. The procedure underlying the Notification dated 26.9.2013 was therefore not sourced in any law and the orders aforestated directing the registration authorities to ignore the same cannot be said to be without basis.

(3.) In that view of the matter, the Writ Petition is disposed of directing the Joint Sub-Registrar, Ranga Reddy District, respondent No.3, to receive and process the documents presented by the petitioner without reference to the Notification dated 26.09.2013 issued by the District Collector, Ranga Reddy District. In the event the said documents are found to be fit for registration, respondent No.3 shall complete the due formalities in accordance with law and release the documents. However, if he still finds any ground to exercise power under Section-76 of the Act of 1908 and refuse 3 SK, J WP.No.3999 of 2019 Dt:27.02.2019 registration, he shall pass a reasoned order and communicate the same to the petitioner. This exercise shall be completed expeditiously and in any event, not later than one month from the date of receipt of a copy of this order, be it from whatever source. It is also made clear that mere registration of the documents would not confer title upon the property covered thereby, if it is otherwise wanting, and would not preclude the Government from taking appropriate steps as warranted by law, if it seeks to assert any right or title over the said land. Pending Miscellaneous Petitions, if any, in this Writ Petition shall stand closed in the light of this final order. No order as to costs.