The High Court · 2025

6. Smt. Karingula Hemalatha, W/o: K, Ramanraj, aged about 46 years, Occ. Business, Fi"/o H. No. 6-94119, Huda Colony, Chanda Nagar, Hyderabad- 7. Sri. Kanumuri Murali Venkata Krishnam Raju, Sio: K. Barpar Raju, aSed about 43 years, Occ. Business, Rl/o H. No. 15-31, GH-'122, KPHB Colony, 5n Phase, Kukatpally, Hyderabad - AP.

8. Sri. Mariganti Venu Madhav,, S/o: Raghavacharya, aged about 41 years, Occ: . Business, Rl/o H.No.'18-21 , Flal No. 101, Kamalanagar, Dilsuktmagar, Hyderabad. ...PETITIONERS AND

1. The State of Telangana, Registration and Stamps Departrnent, Through Principle Secretary, Telanga na State Secretariat, Hyderabad. 2. Commissioner and lnspector General Of Registration AndStamp S Department, Telangana State, Hyderabad.

3. fhe District Registar, Registration and Stamps Department, Medehal- Malkajgiri, Medchal-Malkajgiri District.

4. The Sub-Regstrar, Qutubullapur SRO, Suraram, MedchaFMalkajgiri District. ...RESPOMDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, preferably in the nature of a writ of Mandamus declaring the action of the Respondent No. 4 in entertaining the registrations of the Plots situated in Survey No.226lA, Gagillapur Village, Qutubullapur Mandal, Medchal-Malkajgiri District despite notifying these Plots as Prohibited Propertids and not considering the representation of the Petitioners expressing grievance on multiple registrations on one and the same property by creating illegal and fraudulent layouts, as arbitrary, illegal, unjust and in violation of the Petitioners fundamental rights more particularly the constitutional guarantee contained in Article 300A and consequent to such declaration be pleased to direct the Respondents not to entertain registrations in any manner alienating the Plots situated in Survey No.226lA, Gagillapur Village, Qutubullapur Mandal, Medchal- Malkajgiri District in the interest of justice. lA NO: 'f OF 2O2'l Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.4 to forthwith stop all the registrations with respect to the Plots situated in Survey No.226lA, Gagillapur Village, Qutubullapur Mandal, Medchal-Malkajgiri District, pending disposal of the main Writ Petition in the interest of justice. Counsel for the Petitioner: SRI DEEPAK MISRA Counsel forthe Respondents: MS. D. HARITHA KIRAN, AGP FOR STAMPS AND REGISTRATION The Court rnade the following: ORDER THE HON'BLE SHRI WSTICE ANIL KUMAR JUKANTI WRIT PETITON No.1437 OF 2O2l ORDER: This writ petition is filed seeking the ficllowing relief: '...to i,ssae Writ order or direction more partic arly one in tte nahtre of uit of Mandamus decLaring the oction of the Respondent No. 4 in enlerlaining the regi.stratbns of tlrc Plots sidtated in Surueg No.226/ A, Gogiltopur Village, Qutubullapur Mandal, Medchnl- Malkojgiri District d.espite notifuing these Plots as Prohibited Properties and not consideing the representation of the Petitioners expressing grieuan<c on multiple regbtrations on one and the same propertg bg creating illegal ond fraudulent lagouts, as arbitrary, illegal, unjust ond in uiolotion of the Petittoners fund.amentaL rights more particukrlg the constihttional Warantee mntained in Article 3O0A and consequent to sttch declnration be pleased to direct the Respond-ents not to entertain regi-strations in any monner alienttting the Plats sihtated in Suruey No.226/ A, Gagillopur ViUage, Quhtbullapur Manda| MedchnLMalkajgiri District in the interest of justice . "

2. Heard Mr.Deepak Misra, learned counsel for the petitioners and Ms.D.Haritha Kiran, learned Assistant Government Pleader for Stamps and Registration appearing for respondents.

3. It is tlle case of the petitioners that land admeasuring one (O1) acre situated in Survey No.226/A of Gaggilapur Village, Qutubullapur Mandal, Medchal-Malkajgiri District 2 was put for public auction by the Recovery Oflicer, Debt Recovery Tribunal; Hyderabad in execution of Certificate in RP.No.312l2O22 in O.A.No.2238 /1999 for recovery of dues from defaulter Company by name Sridhar Industries.

4. It is further submitted for petitioners that one Mr.G.Mar Reddy and Rapheal Reddy participated in the public auction on 04.05.2005 and were declared as successful bidders and upon receipt of the entire amounts, the concerned Offrcer of the DRT alienated the said property of l acre in favour of bidders i.e., Mr.G.Mar Reddy and Rapheal Reddy by issuing sale certificate and thereby transferred the right, title and entiflement over the said land in their favour.

5. [t is submitted that upon purchasing of the property, the property was converted into house sites by obtaining layout permission. As per the sanctioned layout, the subject property was divided into 23 plots. The purchasers in the auction executed a registered GPA in favour of a partnership f-rrm by name Pioneer Habitation Projects assigning saleablc rights to the said partnership firm. 3

6. It is submitted that the petitioners herein purchased plot bearing No.18 and part of plot bearing No.19 situated at Gagillapur, Qutubullapur Mandal, vide registered sale deed bearing docrxnent No.25474 /2OO8. It is also submitted that petitioners obtained loan from Syndicate Bank. It is further submitted that certain private individuats sold the plots in the layout by showing non-existing plot numbers and they were registered by respondent No.4 thereby causing double registrations. The said registered sale deeds were utilized for raising loans from the Central Bank by creating charge over the properties sold by the private individuals. It is pointed out that the sale deeds by which the plots vvere purchased (fraudulent transactions) were mortgaged lor loans and defaulted. That Central Bank of India initiated steps under the Sarfesi Act, as charge was created by way ol depositing the sale deeds in the Central Bank of India. 7 . It is submitted that petitioners are put to loss because of the actions of the private individuals who fraudulently sold away the properties which in fact were purchased by the petitioners from their vendors who were the higher bidders in auction. This being the gist of thdentire casc, the petitioners I I 4 are seeking a direction not to register other properties in the layout.

8. Learned counsel invited the attention of this Court to the document annexed at page No.30 of the writ affidavit papers and submitted that properlies in plot Nos. 11, 12 and 5 in Column No.3 of the list of prohibited properties, the extent of the land prohibited by the Court stay is 283.86 yards and 156.57 yards. On perusal of the contents at page No.30, it is observed that the said properties in Sy.No.226-A are captioned as "covered by the Court Sta/.

9. The specific grievance of tlle petitioners is that the plots the layout covered by the Court stay order cannot be registered.

10. On the other hand, learned counsel appearing on behalf o[ respondents (authorities) contended that the Sub- Registrar, Quthbullapur entertained the document lor rcgistration as it was not brought to the notice of the Sub, Registrar rvith regard to the stay granted on the said properties. I I 5 I 1. l,earned counsel appearing on behaif of the oflicial respondents has placed on record written instructions received by the Oflice of ttre Government Pleader, dated

06.10.2025 which are as follows: In this regard it is submitted that the subject property i.e., Plot No. 5, 11 and 12 in Sy.No.226- A, situated at Gagillapur Village, Quthbullapur Mandal, Medchal-Malkajgiri district. It submitted that the Chief Manager, Syndicate Bank, Asset Rec.overy Management Branch, Lumbini towers, opp:NIMS, Somajiguda, Hyderabad vide Ref 068/3065/ ARMB/3O88a/Hyd Dated O 1.03.2019 has requested the then Sub- Registrar for Prohibit/restrain from transferring charge the plots 5, 7,8,9, 10, 11, 12, 16, 18, 19, 20,2r &" 22 (which includes the subject property plots 5, 1 1 & l2l mortgaged to the Bank. Aftcr examination of the contents of the said lette r it was informed on 05.03.2019 by the then Sub- Registrar that "We @nnot stop tLe registratiorts until Stahts Eto ord-er from aurt or the Gazette rwtifrcotion under sec 22 (A) E of the I, R. Act, 1908". I t is submitted that it was alleged that the then Sub- Registrar has entertained the Registrations though the request made by the Chief Manager, I I I I I I I I 6 Syndicate Bank, Asset Recovery Management Branch, Lumbini towers, opp:NIMS, Somajiguda, Hyderabad to stop the registrations. In this regard it is submitted that, as the request made by the Bank authorities were not inconsistent with the statutory provisions of Section 22A of the Registration Act 1908. Therefore, the then Sub- Registrar has entertained the Registrations in good faith. lt is submitted that BSO 219 deals with this type o[ cases, which reads as follows: If thc A.P. High court or any other Civil Court restralns a person from alienating a property and if such orders are brought to the notlce of Registering oflicer or served on the registering Olllcer, the Registering oflicer is estopped from going ahead with registration. and the same were re- iterated as per the instructions issued by the C<;mmissioner and Inspector General Circular Mcmo. No. I /Gen. I /201O Dated 1O.03.201O (Copy submitted). Hence, the request of the Chief Manager, Syndicate Bank, Asset Recovery M:rnageme nt Branch, Lumbini towers, opp: NIMS, Somajigucia, t lyclerabad vide Ref 068 /3065 / ARMB/3O884 /Hyd Dated 01.03.2019 was not considered. As such the Respondent herein has not empowercd to stop the registrations as re<luested by the petitioner. I I 7 It is further submitted that as per the Debut Recovery Tribunal has pleased to issue attachment orders on different dates i.e., on 1.O9.20 14,O9. 10.2014,O3.I t.n22, 0,4.01.2024 and10.O1.2024 with regard to tlle following Plots Nos. 1,5,9,1O, 13, 20&21 in the Sy.No.226lA of Gagilapur village were entered in the Prohibited properties by the then Sub Registrar. From that day onwards no Registrations were entertained on the subject property. lt is submitted as per Rule 58 of Registration Act, 1908 the Registering oflicer is barred from to enquire the validity of document which was presented before the Registering officer for Registration. Rule 58 deals with such type of CASCS. Rule 58 reads as follows:

58. tt form-s, no part of a Regi.steitq OJficer's dutg to enquire into the ualiditg of a- document brought to him for registration or to attend to ang u.titten or uerbal protest agablst the registration of o docatment based on tLe ground that tte exeanting partA had no right to exeq..Lte the doanment; but he i.s bound to onsi.der objections rabed on any of the grounds stated belou: 8 o. that tle porties appeaing or about to appear before him are not the persons theg prcfess to be; b. that the doanment is forged; c. that the person appearing as a representative, assign or ogent, hos no right to apryar in tlnt capacitg; d. that the exeanting partg is not reallg dead as alleged by the party applying for regbtratbn; or e. that the exeanting parTg is a minor or an idiot or a lunatic.

12. Counter affidavit is also filed by respondent No.4. The written instructions reflect the contents of the counter affidavit, as such the contents of the counter need not be considered

13. In vieu, ol the statements reflected in the written instructions dated O6. 1O.2025 that Office of t}te Sub- Registrar is not entertaining any further registrations pursuant to the knowledge of the orders granted by the Debt Recovery Tribunal, Hyderabad, this Court is of the opinion that further orders nor any more adjudication is necessarJr. Be that as it may, it is for the parties to agitate their rights in accordance with law for any ErQvance. 9

14. For reasons aforesaid, Writ petiti,on stands closed. There shall be no order as to costs. Miscellaneous applications pending, if any, sha_ll stand closed. //TRUE COPY// SD/- U. SUDHA ASSISTANT REGISTRARa SECTION OFFICER To,

1. One CC to Sri Deepak Misra, Advocate [OPUC] 2. Two CCs to GP for Stamps and Registratinn, High Court.for the State of Telangana, at Hyderabad [OUT]

3. Two CD Copies TJ GJP sF- HIGH COURT DATED:3011012025 ORDER WP,No.1437 of 2021 ,i{L b 0r ft0m : I * (_ 'I ,I:l .1. CLOSING THE WRIT PETITION WITHOUT GOSTS /-Al9 .L)