THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.12939 of 2022

ORDER

Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 and 4 and the learned Assistant Government Pleader for Commercial Tax appearing for the respondent Nos.5 to 7.

With their consent, this writ petition is disposed of.

2. This writ petition has been filed praying to:

“ to declare the proceedings in Rc No.B/ARREARS/2014, dated 25.0502019 and consequently declare the action of the Respondent No.4 in taking note of an requisition made by the Respondent No.7 in relation to the Petitioner Property of land admeasuring 2474.30 Sq Mts comprise in Plot No.154 Survey No.125 Part situated at Industrial Development Area, IDA Mallapur Village, Uppal Mandal R.R District Telangana State the prohibiting the registration and not releasing the Sale Deed bearing document No.P-4 of 2022 to the Petitioner in respect of the said property in violation of the Section 22(2) of the Telangana Registration Act as illegal arbitrary and contrary to the provisions of the Registration Act, 1908 the framed there under and Article 300-A of the Constitution of India.

3. Learned counsel for the petitioner submits that this Court in similar circumstances passed a detailed order in WP No.3704 of 2024, dated 02.04.2024, which reads as under:

“8. Having gone through the material on record, it is not in dispute that the petitioner after paying the requisite challan and fee submitted the subject document for registration in respect of the subject property and the Registering authority has issued Intimation of Refusal letter No.6/2024 dated 25.01.2024 on the ground that the Inspector of Police, P.S. Kamareddy addressed a letter dated 15.03.2021 requesting to stop all transactions on the immovable property documents, which were purchased fraudulently with the amount of deposits.

9. At this juncture, it is not out of place to refer the order dated 19.10.2023 passed in W.P. No.28300 of 2007 and batch wherein and whereby challenged the validity of Section 22-A of the Registration Act and the Division Bench of this Court had upheld the validity of the Section 22-A of the Registration Act.

10. For the facility of reference, Section 22-A of the Act is extracted hereunder.

“22-A. Prohibition of Registration of certain documents:-- (1) The following classes of documents shall be prohibited from registration, namely:--

(a) documents relating to transfer of immovable property, the alienation or transfer of which is prohibited under any statute of the State or Central Government;

(b) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of immovable property owned by the State or Central Government, executed by persons other than those statutorily empowered to do so;

(c) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by Religious and Charitable Endowments falling under the purview of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 or by Wakfs falling under the Wakfs Act, 1995 executed by persons other than those statutorily empowered to do so;

(d) Agricultural or urban lands declared as surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 or the Urban Land (Ceiling and Regulation) Act, 1976;

(e) 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.

(2) For the purpose of Clause (e) of sub-section (1),