IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SATISH CHANDRA SHARMA, A. RAJASHEKER REDDY, JJ.
Bomma Reddy Rama Koti Reddy S/o Lakshma Reddy – Petitioner
Versus
The State of Telangana – Respondent
W.P. Nos. 28643, 28776, 28799 of 2021
Decided On : 13-12-2021
Registration Act, 1908 - Section 22-A - Indian penal Code,1860 - Sections 420, 406, 477(A), 464, 467, 468, 471 - Criminal Procedure Code,1973 - Offence of cheating - Forgery - Petitioners are one family members i.e., husband, wife and son, as such, related to each other. Assailing the action of the 4th respondent-Inspector of Police, Economic Offences Wing, Crime Investigation Department, in issuing letter to the Sub-registrars of different areas in both the States i.e., State of Telangana and State of Andhra Pradesh, directing them not to register the properties belonging to the petitioners, these writ petitions have been filed -Held, It is pertinent to mention here that respondent are also no obligation to accede to request made by respondent in not entertaining any documents in respect of subject property since it is not in accordance with principle/guidelines laid down in full Bench judgment of this Court in case of and others Principal Secretary Revenue Department Hyderabad & others and also against procedure - In court said judgment this Court laid down law/guidelines relating to procedure to be followed Section 22-A of Act stating that authorities mentioned in guidelines which are obliged to prepare lists of properties covered by clauses (a) to (d) to be sent to registering authorities provisions of Registration Act shall clearly indicate relevant clause which each property is classified and that registering authorities would be justified in refusing registration of documents in respect of properties covered - Writ Petitions Allowed.
ORDER :
1. Since the issue involved in all these writ petitions is one and the same, they are being heard together and disposed of by way of this Common Order.
2. In all these writ petitions, the petitioners are one family members i.e., husband, wife and son, as such, related to each other. Assailing the action of the 4th respondent-Inspector of Police, Economic Offences Wing, Crime Investigation Department, Hyderabad in issuing letter dated 18.01.2021 to the Sub-registrars of different areas in both the States i.e., State of Telangana and State of Andhra Pradesh, directing them not to register the properties belonging to the petitioners, these writ petitions have been filed.
3. Since all these writ petitions are challenging the action of the 4th respondent-Inspector of Police, for the sake of convenience, the facts, in brief, in W.P.No. 28643 of 2021 are taken into consideration, which are as follows:
4. Mr.G.Madhusudhan Reddy also filed a Company Petition No. 1/59/213/241/HBD/2017 complaining Oppression and Mismanagement on the part of the petitioner claiming various reliefs on the file of National Company Law Tribunal, which is pending adjudication.
5. While things stood thus, when the petitioner was in need of funds for meeting his litigation expenses, he tried to raise funds by mortgaging his properties, the sub-registrars-respondents 5-9 refused to entertain any document stating that there was a direction from the 4th respondent by way of letters dated 18.01.2021, not to accept any document for registration. The petitioner obtained said letters dated 18.01.2021 addressed to the respondents 5-9 separately, under Right to Information Act. The 4th respondent-Inspector of Police, being investigating officer has no power or authority to effect attachment of immovable property of an accused person but he can only seize the property under Section 102 of the Code. It is further stated that the respondents 5 to 9 have no authority to act upon the letters issued by the 4th respondent and include his properties in the list of prohibited properties under Section 22-A of the Registration Act, 1908 (for short ‘the Act of 1908’). The procedure envisaged under Section 22-A of the Act of 1908 has not been followed for placing the subject properties under the list of prohibited properties, as such, same is illegal and arbitrary.
6. Heard learned counsel for the parties and perused the record.
7. It is an admitted fact that a case in Cr.No. 115/2015 under Sections 420, 406, 477(A), 464, 467, 468, 471 read with Section 120(B) of Indian penal Code has been registered against the petitioners. During the course of investigation, the 4th respondent-Inspector of Police, being investigating officer, wrote letters to the respondents-Sub-Registrars of different areas in the State of Telangana and State of Andhra Pradesh, where the properties of the petitioners are located, directing the
Nevada Properties Private Limited vs. State of Maharashtra and Others
(1) Inspector of Police is not an ‘authority’ prescribed in Section 22-A of Registration Act, 1908 for preparation of list of properties to be communicated to registering authorities for incorporatin....
The Sub-Registrar must register documents presented for registration unless legally prohibited, following the Registration Act's provisions.
Police lack authority to prevent registration of documents; they must seek court orders for property attachment.
The main legal point established in the judgment is that the refusal for registration of properties based on defective notifications under Section 22-A of the Registration Act was illegal, arbitrary,....
Police cannot arbitrarily prohibit property registrations without prior legal authority or court orders, as per Article 14 of the Constitution.
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