The court ruled that a notification inviting objections does not constitute a valid basis for denying registration of documents under the Registration Act, 1908.

ORDER :

N.V. SHRAVAN KUMAR, J.

This writ petition has been filed challenging the action of the Registering Authorities in refusing to register the subject documents based on the Gazette Notification R.R. No.83, dated 25.09.2013.

2. The learned counsel for the petitioner would submit that the subject matter of this writ petition is squarely covered by the common order dated 22.03.2024 passed in W.P. Nos.9645 of 2021 and W.P. No.26353 of 2023 by this Court. The learned counsel would further submit that this Court, while granting interim order dated 28.04.2021 in W.P. No.9645 of 2021 had stipulated a condition not to resort to further conveyance of the subject property without leave of this Court and similarly in W.P. No.26353 of 2023 this Court, while granting interim order dated 22.09.2023, had prohibited the parties from proceeding with further conveyance of the property except on obtaining required permission from this Court.

3. It is further submitted that in the present writ petition this Court, while granting interim order dated 20.04.2020, had directed the Registering authorities to register the subject documents. Subsequently, in pursuance of said interim order, the Registering authorities have registered the subject documents and as on today, on behalf of the respondents/Registering authority no counter has been filed.

4. On the other hand, the learned Assistant Government Pleader appearing for the Stamps and Registration did not dispute the submissions made by the learned counsel for the petitioner.

5. Heard the learned counsel on either side and perused the material made available on record.

6. At this juncture, it is significant to note that the Division Bench of this Court vide its common order dated 19.10.2023 passed in W.P. No.28300 of 2007 and batch had dealt with the validity of Section 22-A of the Act as incorporated in the Registration Act, 1908 and the Amended Act, 19 of 2007 with effect from 20.06.2007 and had upheld the validity of the Section 22-A of the Act.

7. Having gone through the material made available on the record and the submissions made by the learned counsel on either side, it is essential and necessary to excerpt the relevant para Nos.23 to 32 of the common order dated 22.03.2024 passed in W.P. Nos.9645 of 2021 and 26353 of 2023 by this Court, which reads as under:

“23. From a perusal of the Notification in R.R. No.83, dated 25.09.2013, the subject lands were notified under Section 22-A (1)(a) for the purpose of Section 22-A(1). It is only a notice given inviting objections and suggestions on the above proposal from all persons who are likely to be affected thereby for being taken into consideration by the Government. The details of the properties mentioned in the annexure states that the subject lands are Government lands.

24. Section 22-A (1) (e) of the Act manifests that any documents or class of documents pertaining to the properties, the State Government may, by notification prohibit the registration in which avowed or accrued interests of Central and State Governments, Local Bodies, Educational, Cultural, Religious and Charitable Institutions, those attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect these interest.

Section 22-A (2) reads as under:

“(2) For the purpose of Clause (e) of sub-section (1), the State Government shall publish a notification after obtaining reasons for and full description of properties furnished by the District Collectors concerned in the manner as may be prescribed.”

25. It is pertinent to note that in the case of Vinjamuri Rajagopala Chary (Supra) paras 156 had summarized and issued directions. As per the Clause (v) no notification is contemplated under sub-section (2) of Section 22-A with respect to the properties falling under clauses (a) to (d) of sub-section (1) of Section 22-A. As per Clause (vi), the properties covered under clause (e) of Section 22-A shall be notified in the official Gazette