2016 Supreme(AP) 126
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
DILIP B. BHOSALE & S.V. BHATT, JJ.
District Collector, Anantapur District & Others – Petitioners
Versus
M. Sadasiva Reddy & Others – Respondents
Writ Appeal Nos. 858, 860, 897, 900, 903, 907, 919, 934, 970, 982, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063 & 1066 0f 2013
Decided On : 29-01-2016
For the Petitioners:Advocate General.
For the Respondents:Aswartha Narayana, Advocate.
Headnote:
Civil law - Registration Act, 1908 - Section 22-A - A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 - Alienation or transfer by way of sale agreement of sale gift exchange or lease - Challenge raised in this batch of writ appeals are similar and therefore counsel for parties in particular for original petitioners and appellants have agreed for disposal of appeals by this common order in light of Full Bench judgment - Writ petitions from which writ appeals arise were filed assailing inaction of registering authorities in receiving registering and delivering documents presented for registration in exercise of powers - Judgments referred to in Full Bench judgment of single judges disposing of large number of writ petitions on certain issues/questions were either conflicting or inconsistent and in view thereof reference to Full Bench was made Ceiling Acts if property - Held, Counsel for parties are ad idem that the questions raised/issues involved in this batch of writ appeals are substantially covered by judgment of Full Bench and batch - In this backdrop dispose of writ appeals in terms of judgment of Full Bench - After expiry of period granted by Full Bench for taking appropriate steps as directed writ petitioners are given liberty present or represent documents before concerned Sub-Registrar/registering authority having jurisdiction and Sub-Registrar/registering authority shall entertain documents for registration - This Court in Full Bench judgment and directions issue may either admit document for registration or for any reason document cannot be registered it shall take decision as per directions issued by this Court in Full Bench judgment and communicate to parties reasons for refusal - It is made clear that registering authorities shall not have any adjudicatory right in respect of property covered by document presented for registration except informing reasons for refusing registration or cancelling registration - Writ appeals disposed (Para 4)
Dilip B. Bhosale, J.
1. Heard the learned counsel for the parties.
2. The questions involved and the challenge raised in this batch of writ appeals are similar and, therefore, learned counsel for the parties, in particular for the original petitioners and the appellants, have agreed for disposal of the appeals by this common order in the light of the Full Bench judgment in Vinjamuri Rajagopala Chary and others vs. Principal Secretary, Revenue Department, Hyderabad & others (W.A.343 of 2015, 232 of 2012 and 352 of 2013) dated 23-12-2015. The writ petitions from which the writ appeals arise, were filed assailing inaction of registering authorities in receiving, registering and delivering the documents presented for registration in exercise of powers under Section 22-A of the Registration Act, 1908 (for short “Registration Act”). The six judgments, referred to in the Full Bench judgment, of the learned single judges, disposing of large number of writ petitions, on certain issues/questions were either conflicting or inconsistent and in view thereof, reference to the Full Bench was made. The Full Bench, after making detailed reference to the six judgments, framed the following questions for consideration:-
“1. What are the pre-requisites that are to be satisfied for applying any one or more of clauses (a) to (e) of Section 22-A (1) of the Registration Act to any document dealing with alienation or transfer by way of sale, agreement of sale, gift, exchange or lease etc. in respect of immovable property presented for registration?
2. Under what circumstances, the act of the Registering authority concerned (District Registrar or Sub-Registrar) in refusing from registration of the aforementioned document/s by applying any one or more of the prohibitory clauses (a) to (e) under Section 22-A (1) of the Registration Act can be said to be justified?”
3. The Full Bench, to which one of us (Justice Dilip B Bhosale, Acting Chief Justice) was member, in depth considered the provisions contained in Section 22-A and summarised its conclusions in paragraph 36 as follows:-
(i) The authorities mentioned in the guidelines, which are obliged to prepare lists of properties covered by clauses (a) to (d), to be sent to the registering authorities under the provisions of Registration Act, shall clearly indicate the relevant clause under which each property is classified.
(ii) Insofar as clause (a) is concerned, the concerned District Collectors shall also indicate the statute under which a transaction and its registration is prohibited. Further in respect of the properties covered under clause (b), they shall clearly indicate which of the Governments own the property.
(iii) Insofar as paragraphs (3) and (4) in the Guidelines, covering properties under clause (c) and (d) are concerned, the authorities contemplated therein shall also forward to the registering authorities, along with lists, the extracts of registers/gazette if the property is covered by either endowment or wakf, and declarations/orders made under the provisions of Ceiling Acts if the property is covered under clause (d).
(iv) The authorities forwarding the lists of properties/lands to the registering authority shall also upload the same to the website of both the Governments, namely igrs.ap.gov.in of the State of Andhra Pradesh and registration.telangana.gov.in of the State of Telangana. If there is any change in the website, the State Governments shall indicate the same to all concerned, may be by issuing a press note or an advertisement in prominent daily news papers.
(v) No notification, contemplated by sub-section (2) of Section 22A, is necessary with respect to the properties falling under clauses (a) to (d) of sub-section (1) of Section 22-A.
(vi) The properties covered under clause (e) of Section 22-A shall be notified in the official gazette of the State Governments and shall be forwarded, along with the list of properties, and a copy of the relevant notification/gazette, to the con