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2024 6 Supreme(Telangana) 732
IN THE HIGH COURT OF STATE OF TELANGANA
N.V.SHRAVAN KUMAR, J.
Mula Malla Loka Reddy – Appellant
Versus
The State of Telangana - Respondent
Writ Petition No.27960 of 2024
Decided On : 04-11-2024
Advocate Appeared:
For the Appellant : J.PRABHAKAR, SRI KOTHAPALLI NARASIMHA REDDY
For the Respondent: AGP FOR STAMPS AND REGISTRATION/AGP FOR REVENUE
The court ruled that refusal to register a sale deed must be based on valid grounds, emphasizing adherence to prior court orders and clarifying that registration does not confer title.
Headnote:(A) Indian Registration Act, 1908 - Section 22(A) - Writ petition challenging refusal order for registration of sale deed - Petitioners claimed ownership of property and sought registration after obtaining necessary permissions - Respondent cited government land status as basis for refusal - Court found refusal order illegal as property not listed in prohibited lands - Previous court orders set precedent for registration. (Paras 2, 5, 11, 12)
(B) Legal principles - The court emphasized that registration cannot be denied without proper basis and that previous orders must be adhered to - Mere registration does not confer title. (Paras 9, 12)
Facts of the case:
Petitioners owned property in Sy.No.66/2, constructed a house, and sought to register a sale deed after selling the property. The refusal was based on a claim that the land was government property, which was disputed by the petitioners.
Findings of Court:
The court set aside the refusal order, directing registration of the sale deed, while clarifying that registration does not confer title.
Issues: The main issues included the legality of the refusal based on government land claims and adherence to previous court orders regarding property status.
Ratio Decidendi: The court ruled that the refusal order was arbitrary and illegal, emphasizing the need for proper justification for denying registration and the importance of following prior court directives.
Result: Writ petition allowed.
ORDER:
Heard Mr.J.Prabhakar, learned senior counsel appearing on behalf of the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing on behalf of respondents. With their consent, this writ petition is taken up for disposal at the stage of admission.
2. The present writ petition is filed to declare the action of respondent No.4 in issuing the refusal order No.64/2024 dated 01.10.2024, pertaining to document bearing P.No.432/2024 on the file of respondent No.4 as illegal and arbitrary and in violation of orders of this Court in W.P.No.16109 of 2024 and W.P.No.14354 of 2024 and consequently direct respondent No.4 to register and release the said document.
3. It is the case of the petitioners that they are the absolute owners and possessors of north eastern part of plot Nos.239 and 240 in Sy.No.66/2 admeasuring 238 sq.yds., situated at Raidurg Naw Khalsa Village, Serilingampally Mandal, Ranga Reddy District through registered partition deed bearing Doc.No.9573/2023 dated 17.10.2023. The petitioners submit that they have applied for survey of said plots and got surveyed the land and got identified their plots bearing Nos.239, 240, 241 & 242 in Sy.No.66/2, Raidurg Nav Khalsa Village, Serlingampally Mandal, Ranga Reddy District. After due survey, the Assistant Director, Survey and Land Records has given a survey report along with sketch map to respondent No.5 vide File No.A3/2374/2022 dated 23.12.2022 and has categorically stated that the subject plots are falling in patta lands.
4. It is further submitted that subsequently the petitioners have obtained construction permission from GHMC on 28.10.2023 and constructed a house with stilt and two upper floors and accordingly house number was allotted by GHMC viz., H.No.7-66/2/NE/239 and 240 and petitioners are also paying house tax.
5. Thereafter, petitioners have sold the said house to third party and received sale consideration and presented the sale deed to respondent No.4 for registration on 28.09.2024. Respondent No.4 received the sale deed and given a refusal order bearing No.64/2024 dated 01.10.2024 to the petitioners and allotted pending document P.No.432/2024. In the said refusal order, it is stated that the document have been received and kept pending for scrutiny and after scrutiny it is found that the property bearing Plot No.239 and 240 is covered by Sy.No.66/2 which is Government land as per report of Assistant Director, Survey and Land Records, Ranga Reddy District and is prohibited for registration as per Section 22(A) of the Registration Act, 1908. Questioning the same, the present writ petition is filed.
6. Learned senior counsel for the petitioners draws attention of this Court to the list of prohibited properties filed along with the writ petition and would submit that the subject plots i.e., Plot Nos.239, 240 and 242 have not been included in the prohibited list and the same has not been disputed by the learned Assistant Government Pleader for Revenue.
7. Learned Assistant Government Pleader for Revenue has placed a copy of instructions issued by the Sub-Registrar, Serilingampally wherein a copy of letter dated 28.03.2023 addressed by the Assistant Director, Survey and Land Records to the District Collector, Ranga Reddy District has been enclosed, wherein it is stated that the subject lands in Plot Nos.239, 240 and 242 total admeasuring 1867 sq.yds., are falling in Sy.No.66/1 which is a Government land situated at Raidurg, Nav Khalash Village, Serilingampally Mandal, Ranga Reddy District. It is further stated that the then Deputy Inspector of Survey, Rajendra Nagar Division has submitted a location/layout plan without proper inspection and verification showing the above said plots outside the Government land, as such the subject plots are showing in Sy.No.66/2.
8. Per contra, Mr.J.Prabhakar, learned senior counsel appearing on behalf of the petitioners would submit that in the refusal order dated 01.10.2024, the Sub-Registrar, Serilingamp
