High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 3569 0F 2025 Between: Nazeer Mohiuddin, S/o^late Asad Mohiuddin, Aged about 35 years, Occ. Business, Fl/o'12-3-90/10, Khaderpura, Siddipei, SidOipet Oistrti. '-- -' -*' AND ...PET|TIONER Hyderabad-50000i

1. The state of reranoana, rep. by lls principar Secretary, G.A.D. secretariat, 2. The Commissioner and lnspector General, Of Reqistrations and Stamos. ^ Govt. of T_elangana Mozamjahi lvlarket. gvOeraOa-O SObOI 3. The Sub-Registrar, Siddipei. ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the Hrgh may be pleased to issue writ of Mandamus or any other appropriate D]rection , oirecting the impugned letter No.248 of 2024 aatea rqrotzo24 issued by the Responden"t No.3 as illegal and arbitrary and set aide the same lt is further piayed to oirect tlre 3""!91!_"-1t:t19.3 to Register the Generat power of Attorney pending document No.P3512024 dated 0310412024 of Sub-Registrar s Office, Sid;ipet. 'cJurt lA NO: 1 OF 2025 Petition under section 151 cpc praying that rn the circumstances stated in the affidavit filed in support of the petition, ir,e-Hign court may be pleased to issue interim direction to the Respondent No.3 to regLter the GpA pending docurnent No.P3512024 dated o3to4l2o24 of sub-Registrar's office, Siddipet iir"oi"tJv, Pending the Writ Petition. Counsel for the Petitioner: SRI S.GANESH RAO Counsel for the Respondent No.1: Gp FOR GENERAL ADMTNISTRATION counsel for the Respondent Nos.2 & 3: Gp FoR srAMps & REGrsrRATroN The Court made the following: ORDER l I I I I I i i I I I : I l i t I ! i I I I I THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3569 of 2O25 ORDER: This writ petition is filed seeking the following prayer: "to tleclare the tlu impugned lettur No.248 of 2024 dated 14.10.2024 issued by the Responilent No.3 as illegal and arbitrary and set aide the same It is further prayed to direct the Respondent No.3 to Register the General Power of Attorney pending document No.P352024 ' dated 03.04.2024 of Sub-Registrar's Office, Siddtpet."

2. Brief facts of the writ petition are that petitioner's five brothers ancl one sister with an intention to authorize the petitioner to appear on their behalf in pending cases and to execute and verify plaints, written statement and to represent in appeals etc., have executed a General l)ower of Attorney dated 03.04.2024 and approached before respondent No.3 for registration. However, the same was kept pending and assigned pending No.P35/2024 and reasons were communicated to the petitioner tide Notice bearing R.No.?48 / 2024 dared 14.10.2021 Aggrieved by the notice dated L4.10.2024, petitioner fited this wrir petition is f iled.

3. Learnec{ counsel for the petitioner submits that AS No.1020 of 2012 rvas filecl by the petitioner's father along with ASM I, No.3059 of 2012, seeking an order of injunction reshaining the respondent therein from alienating the land in Sy.No.53rzAA admeasurinpl r\c. 17.11 gts, situater{ at Ponnala Village of Siddipet Mandal and this Court orrle order 2 I dated 77.12.2012 in ASMP No.3059 of 2072 in AS.No.1020 of 2072 restrained respondenb therein from alienating the suit schedule land and further submits that the subject document sought for registration in this writ petition is only Ge^eral power of Attorney and not the sale deed. Hence, pray this Court to set aside the Notice datec.l 14.10.2024 and direct the respondent authorities to receive, register and release the subject document.

4. Heard and perused the material available on record. 5 Respondent No.3 issued Noticc bearing No.24g of 2024 dated,

74.70.2024 and assigned the sutriect document pending Doc.No.I35/2024, stating the following:- "On scnttiny it is found tlat tlrc lnntl ts in qtrcstirtrt agricultural land not supporte d hy N ALA Ltrtlt,rs nntl ttroraott,t- it is.prohibitcil property as pcr tle High Court of lutlicnhre of Andhra Prailesh at Hydernbad ordcrs passttl itr ASMp No.j059 of 2012 in A5.No.1020 of 2012 Therefore the parties to the docurut'trt arc irforntetl thnt llr docu-ment will be processed nnd ndruittul to it,gistrntiotr ottly on the production of NALA orders nntl gtt to i:lcnrnncL, nhttut status-quo order,"

6. It is pertinent to note that thc petitioncr,s fathcr has filed AS.No.1020 of 2012 and neither the petitio.er nor lris brothers and sister are party to the said suit and instead of fiting an irnplead petition in the said suit, petitioner filed present \ry'rit petition. l hat apart the petitiorler 3 had not even made his brothers and sister as party in the present writ petition.

7. The petitioner herein is seeking direction for registration of the Ceneral Power of Attorney, wherein the parties are authorizing the petitioner 'to execute their property and sign any document i.e., sale deed, gift deed, cancellation deed, partition deed, DAGpA deed, supplementary deed, rectification deed, ratification deed, lease deed, agreement of sales, agreement of sale cum GpAs. Mortgage and N'lortgage release and to sign declaration forms and municipal transfer applications etc., that may be necessary for the purpose and present them in concerned registering offices for regisfration to cio any act or thing that may be necessary to effect the said hansaction,.

8. It is not out of the place to mention that this Court lirlc ordcr datccl 1712-2012 in ASMp No.3059 of 2012 in AS.No.1020 of 20r2 rras I),t\\r'(l the lollowing order:- " Nlrauu'lult:, tlrcre shall be Status ttut t tt tnuu'tl hy both parties.', quo, as on today, to bt It is Pt'111pgv11 to note that once the subject document is registcr.ci, the p('tition(.r rvoulc{ be empowered to deal with any transaction over the suit schedulc property. The recitals mentioned in the said C.[).A per.mits tht, petitioncr to cleal with the suit schedule properti, n,hiclr alscr iuclurles salcs. L-r view of the same, no relief can lrt gra.tec{ irr 4 contravention to the orders passed in ASMp No.305 9 of 2012 in AS No.1020 of 2072 dated 17.12-2012. Hence, the respondent aurhorities basing on the order dated 17.12.2012, had rightly issued notice dated

74.10.2024, stating the parties to go for clearance of the status quo order.

9. For the foregoing reasons, this Court do not find any reason to set aside the notice dated 74.70.2024 and the writ petition being devoid o[ merits is liable to be dismissed accordingly dismissed. Miscellaneous applications, if any pending, sha stand closcd No order as to costs. ,/TRUE COPY// SDL STAN N.R TR AJ GOPAL EGISTRAR AS SECTION OFFICER Telangana, HYderabad-

1. The Principal Secretary, G'A'D' Secretariat' State ,. ?fl3T3rnrn,.sioner and lnspector General' of Regislrations and stamps' ' G;;:;i i;i;ngana Ntozamiihi Market' Hvderabad-50001 2 i il: i'3.'[:]i?'3lt+8Jtffi dJ?fi ru?ff ', & H s h co u. ro. h e s'[a'l e . +t-fg!tl"d3t8$"{?ii$i,E3*'.trn'.r*,oN, High court ror rhe state " oi%rrng"na, at HYderabad' IOUTI 7 PS K, cil l, Two CD CoPies 0 r,e 1 I To HIGH COURT DATED:0710212025 ORDER WP.No.3569 of 2025 J o o t * { T HE 5,'4 2l ,lux M ((\ r' a "t -r- u F-C DISMISSING THE WRIT PETITION WITHOUT COSTS o f 2L 5 A