Dubious registrations

BEFORE THE HONORABLE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD Under the provisions of Article 226 of Constitution of India WP No. …. of 2013 Between: G. Rama Avataram, Party-in-person, representing HAL Employees Cooperative Housing Society, Registered No.269 with its office situated at Survey No.77, Hafeezpet, Hyderabad 500050 …..Petitioner AND 1. Dr. Vijaya Kumar, IAS; Commissioner and Inspector General, Stamps & Registration Department, Registration Bhavan, M.J. Market Road, Hyderabad 2. Shri V.K. Agarwal, IAS, Principal Secretary to Government, Government of Andhra Pradesh, Stamps & Registration Department, Andhra Pradesh Secretariat, Saifabad, Hyderabad 3. Shri S. Ashok, District Registrar, Stamps & Registration Department, Ranga Reddy District, Moosapet, Hyderabad …..Respondents WRIT PETITION:- Honored Sir, I represent HAL Employees Cooperative Housing Society as its elected Secretary and hence ‘am fully aware of issues being narrated vide the attached sworn affidavit. 2. I am fully aware that I am alleging against senior State Government functionaries and if contents of the petition partly or fully are established contrary to be truthful, I might have to accept conviction as per laws in force and hence offer unconditional consent to accept any action that the Hon’ble Court might consider essential under the provisions of Law. 3. All the three respondents represent the Stamps & Registration Department, Government of Andhra Pradesh. 4. Registration of documents in conformity with Indian Stamps Act and Indian Registration Act, 1908 which are statutory obligations for the purpose of establishing transfer of title rights in respect of properties and other relevant transactions for enforcing safety of citizens, who invest their hard earned savings for acquisition of assets. 5. Members of HAL Employees Cooperative Housing Society, numbering 805, who belong to lower middle class employees employed with Hindustan Aeronautics Ltd., and few other Defense establishments purchased a property measuring 62 acres and 06 gts in Survey No.77, Hafeezpet, Hyderabad during the year 1981-82 as per provisions of Indian Registration Act, 1908 from the vendors recognized by the Hon’ble High Court. 6. Such acquisition remained an orphan property due to litigation in between our vendors and Government of Andhra Pradesh. 7. The dispute filed by the State was dismissed by the Hon’ble Supreme Court of India during the year 2002. 8. Despite the fact that the State Government conceded its defeat, the Society which purchased the property as per provisions of law governing such acquisitions, only due to unlawful duplicate registrations conducted by the Registration Department for the benefit of realtors, encroachers etc., 9. HAL Employees Cooperative Housing Society questioned such duplicity in contravention with laws governing Registration process before the senior functionaries of the Department and since they weren’t proactive, we have filed WP.No.32913 of 2012 which was ordered favorably with instructions to follow the stipulations in tune with Chapter XIV of Registration Act, 1908. 10. Similarly few other parties filed WP.No.2281 of 2010 and WP.No. 12091 of 2013 which are still pending before the Hon’ble High Court of Andhra Pradesh. 11. In all the three cases referred above the Respondents are the parties against whom the cases are in progress since the year 2010. 12. Ignoring the presence of such Writ Petitions, the respondents performed contemptuous sub-judice with deliberate intentions to overrule legal process and hence justify conviction as per Rules governing contemptuous sub-judice committed by them disrespecting the divine judicial process. 13. If the public servants are allowed to participate in such injudicious, criminal acts for personal gains disregarding the provisions under the abuse of statutory obligations; we are afraid that the basic purpose of approaching judicial intervention will result into a futile exercise. 14. If permitted G. Rama Avataram, elected Sectary of the Society will represent as Party-in-person, since Society’s financial status doesn’t provide the scope for appointment of a qualified legal professional. 15. Since the respondents, who are highly placed, responsible public servants deliberately performed contemptuous sub-judice, ignoring pendency of title litigation before legal fore, fully aware of existence of such issue since they are themselves respondents in all the three cases. 16. Furthermore, they behaved as if they are extra constitutional authorities with autocratic attitude in a rude manner. Their actions are anti-democratic, unconstitutional. Unless their acts in performing contemptuous sub-judice are checked and are awarded with substantial punishment as per laws in force, while instructing the heads of the Department (Respondents 1 & 2) to institute corrective action; the commoners purpose of obtaining Registration as well as approaching and seeking judicial intervention for redressal of grievances will prove to be a futile exercise. Prayer:- Pray, please prosecute the respondents for their high handed contemptuous sub-judicial acts, disrespecting judicial process in the larger interests of justice, while instructing the authorities to undertake corrective action such as cancellation of dubious transactions under the provisions of Chapter XIV of Indian Registration Act, 1908. Pray please save the divine dignity of judicial supremacy by enforcing true law in its absolute legal solemnity. Sworn and signed under oath on this day Monday, the 2nd September 2013. Hyderabad DEPONENT 2nd September 2013 Party-in-person   BEFORE THE HONORABLE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD Under the provisions of Article 226 of Constitution of India WP No. …. of 2013 Between: G. Rama Avataram, Party-in-person, representing HAL Employees Cooperative Housing Society, Registered No.269 with its office situated at Survey No.77, Hafeezpet, Hyderabad 500050 …..Petitioner AND 1. Dr. Vijaya Kumar, IAS; Commissioner and Inspector General, Stamps & Registration Department, Registration Bhavan, M.J. Market Road, Hyderabad 2. Shri V.K. Agarwal, IAS, Principal Secretary to Government, Government of Andhra Pradesh, Stamps & Registration Department, Andhra Pradesh Secretariat, Saifabad, Hyderabad 3. Shri S. Ashok, District Registrar, Stamps & Registration Department, Ranga Reddy District, Moosapet, Hyderabad …..Respondents AFFIDAVIT:- I, G. Rama Avataram, representing HAL Employees Cooperative Housing Society as its elected Secretary (Party-in-person) affirm under oath that I am fully aware of facts being narrated hereunder, since I am representing the owes experienced by the Society members as their elected representative. 2. The Society purchased an asset measured at 62 acres and 06 gts from the beneficiaries recognized by the Hon’ble Court in CS 14 of 1958 during the year 1981-82 and obtained registration for such purchase. 3. Since the Stamps & Registration Department, Government of Andhra Pradesh, Ranga Reddy District conducted certain illegal, dubious transactions for providing unlawful support of some reality dealers, encroachers, politicians and local goons, we have approached the Commissioner and Inspector General, Stamps & Registration Department, Government of Andhra Pradesh, considered to be highest authority of the Department within the State of Andhra Pradesh together with supportive evidence of criminal acts such as impersonation, forgery, dubious and duplicity of referred acts. 4. The Commissioner and Inspector General, after due scrutiny of claim lodged by us issued instructions to the District Registrar, RR District to cancel duplicate transactions since they are criminal in nature and also undertake an investigation for prosecution of guilty under the provisions of Chapter XIV of Registration Act, 1908 vide his memo No.15733 dated the 17th September 2012. 5. Despite specific instructions of CIG, who is the superior authority; the District Registrar preferred to keep silent without offering any importance to such instructions. 6. Once again upon our representation, the CIG instructed the District Registrar to complete the process instructed vide memo referred vide Paragraph.5 above, the CIG reiterated his instructions, fixing time limit for completion of such task as 31st October 2012. 7. Since the District Registrar was reluctant in implementing judicious process as per provisions of Chapter XIV of Registration Act, 1908 we approached the Hon’ble Court vide WP No.32913 of 2012. 8. Hon’ble Court after hearing the arguments disposed the case since the Respondent.1 (CIG) has since issued specific orders in tune with provisions of law, however, granted time of 3 months for completion of process on 19th November 2012. 9. Although the time stipulated by the Hon’ble Court was communicated to all the respondents, none of them offered much of cognizance to judicial instructions treating them as a matter of routine, forcing us file Contempt petition after lapse of time period stipulated by the Court i.e. February 2013. 10. Contempt petition No.419 of 2013 filed by us was heard by the Court after affording sufficient time for filing their counter on the 26th March 2013. 11. Upon hearing arguments the Hon’ble Court opined that duplicate registrations should be treated as per provisions under Chapter XIV of Registration Act, 1908 with no ambiguity. Further Hon’ble Judge remarked since fraud vitiates everything, the exercise be instituted without delay. 12. However, the Hon’ble Court closed the contempt petition leaving us option to file appropriate civil, criminal proceedings against respondents (Government authorities) on the 5th July 2013. 13. Similarly an application filed by one Shri Mohd. Iqbal Ali Khan seeking Hon’ble court intervention against demand for payment of Rs 43.55 Lacs raised by the District Registrar for registration of his documents vide WP.No.2281 of 2010 is pending even date. 14. One real estate dealer namely Ms. Vediri Estates Private Ltd., filed WP No.12091 of 2013 seeking Hon’ble Court intervention against CIG’s memo being narrated above (Memo No.15733 of 2012) and such issue pending before the Court for want of counter by the Department since April 2013. 15. In brief one or the other litigation relating to title dispute in respect of property under Survey No.77, Hafeezpet, Hyderabad actually acquired by the Society are pending at some other stage before the Hon’ble Court in between the periods 17th September 2012 onwards till date. 16. Fully aware of the fact that the final result in the matters of dispute solely depends only on the final outcome of Hon’ble Court’s final verdict, the District Registrar went ahead and conducted few more fake registrations exhibiting his erratic, bamboozling, egoistic temperament only with criminal intentions for personal financial gains by overruling judicious process, administrative instructions, legal obligations prescribed under Indian Stamps and Indian Registration Acts. 17. It is widely whispered in the official circles that the annual income generated on account of Registration process is Rs 8000.00 Crores and unofficial income swindled by the officials working with the Department heisted over Rs 10000.00 Crores annually. The unofficial incomes is generated by the officials by propagating dubious transactions being narrated above, by bargaining with the parties and fixing reduced market pricing, permitting impersonations, allowing forgery and so on. Needless to specifically emphasize; all such acts are termed CRIMINAL in law. 18. It is equally interesting to observe that the Registering authorities brazenly announce that they are authorized to conduct registrations, irrespective of their nature whether are legal or illegal without discrimination and their deepest knowledge of Registration Acts doesn’t provide them the scope to cancel any registration irrespective of its legitimacy. 19. More interestingly, the registration officials suggest very generously the actual owners as and when approach for redress, to settle by approaching competent Civil Court or alternatively they offer their generous support for appropriate compromise for early settlement; of course for a reasonable price. May be you agree Sir, nothing can be more melancholy than this situation. 20. In short they claim that the Indian Registration Act, 1908 provides them with the constitutional authority to commit crime for personal gains and still get away without being convicted for their crimes. 21. Precisely the Registration officers claims are similar to that of James Bond’s authority ‘licensed to kill’ in Ian Fleming’s popular fiction novel, only difference is Bond kills to punish habitual, chronic criminals, while Registering Authorities kill ‘Justice and truthful, legitimate owners’ misinterpreting the Laws governing the Registration Process. 22. If the laws governing registration process cannot offer protection being suggested under Section 47 of Indian Registration Act, 1908, may be such acts and registration process be dispensed with, since the laws legislated for offering protection to citizen fail to serve the purpose for which they are legislated. 23. If the Indian Registration Act, 1908 is legislated for benefiting selected few, who are specially identified by the Registering authorities, let rest of the citizen be declared persona-non-grata for availing such benefit out of Registration Acts instead of forcing them towards massacre in the hands of trained criminal gangs, who possess and enjoy active shareholding of registering authorities. 24. The anguish expressed in paragraph 23 can be truly evidenced from the following substantiations:- a. The CIG, most superior authority of Stamps & Registration Departments issued lawful instructions (Memo.No.15733 of 17th September 2012) b. His (CIG’s) subordinate refuses to enforce his instructions disrespecting the authority as well provisions of Registration Act; and the senior most Indian Administrative Service officer, claiming himself to be crusader of clean administration maintains prudish silence. c. The Principal Secretary to Government, Stamps & Registration Department, other senior most administrators fails even call for an enquiry to verify the facts, keeping aside the probable outcome whatever that might be. d. The Hon’ble Court’s instructions to comply within three months on the 19th November 2012 since trashed into bins by the Respondents as if it is a matter of routine. e. The Hon’ble Court’s interim direction expressing its opinion “fraud vitiates everything” hence action be initiated under the provisions of Chapter XIV of Registration Act throne into cold store with an intention to allow them to inseminate on their own. f. Above all while the matters explained above are under process particularly during intervening period between 17th September 2012 to 7th July 2013 (almost 11 months), the District Registrar authorized few more unlawful, dubious registrations, detailed list is enclosed as an annexure while keeping rest of the duplicate registrations aside, which substantiates his extra constitutional, authoritarian behavior insulting, disregarding supreme judicial process in progress. g. The District Registrar laments, himself a qualified lawman, sieved through the Registration Act and most of the presiding authorities are only sovereign deities with “nil” knowledge or competence to question his actions. His actions in disregarding CIG’s instructions vide memo no.15733 dated 17th September 2012, followed by judicial orders in WP No. 32913 of 2012 and interim orders in CC No.419 of 2013 dated 26th March 2013 are true evidence of his hostile, cruel behavior and attitude. To be specific he is worse than cannibal, who eats raw flesh from out of a dead body, here is a merciless official who is capable of eating flesh out of a live sole. h. His actions expressing that he is the master of his office and none of orders shall carry inconspicuous effect on him since he possess constitutional authority to commit sub-judice, and hence accurately justify our cry for justice. 25. We pray unless willful, deliberate contemptuous sub-judice acts are checked, the purpose of seeking judicial intervention, which involves large scale expenditure, exhausting run around the Courts & offices will ultimately prove to be futile, since by the time actual truth is unearthed after tiring exercise, as can be evidenced, the Registering authorities continue with breeding of crime as a matter of their constitutional right, share the wealth with dubious acts in association with impersonators, forgers, criminals, authorizing them to enjoy the properties actually owned by lower middle class citizens like us. It is probable many commoners considers laws provide security only to rich & famous and other shall have to die and decay cursing themselves having born in this country like a poor common citizen. Finally we trust Mahatma Gandhi might haven’t thought of this predicament; may be had he realized such distress, might have given up the freedom struggle? May be this is the right homage being paid to warriors of freedom struggle, who sacrificed their lives for the prospective citizens of this great country, during its 67th year of Indian Independence? I salute my nation, which boasts as the world’s largest democracy for the people, of the people, by the people. The narrations above force me to realize that slavery is better than unrewarding freedom and fundamental rights under the Constitution of India. Prayer:- Pray, prosecute the respondents for their high handed contemptuous sub-judicial acts, disrespecting judicial process in the larger interests of justice, while instructing the authorities to undertake corrective action such as cancellation of dubious transactions under the provisions of Chapter XIV of Indian Registration Act, 1908. Pray please save the divine dignity of judicial supremacy by enforcing true law in its absolute legal solemnity. Sworn and signed under oath on this day Monday, the 2nd September 2013. Hyderabad DEPONENT 2nd September 2013 Party-in-person