High Court · 2025

Rao, Aqed 55 years, Occ. Business' R/o' 3-2-96' Main Road, New Kayapura' Hanamakonda CitY and District. 6. N,illGil;;, Liriir,6, wlo. Venugopal, Aged 45 years, occ' Business, R/o 3-2- 1,43, Rayapura, Hanamakonda City and District ...RES'ONDENTS It-detition under Article 226 of lhe Constitution of lndia praying that in the I circumslances sta{ed in the:.affidavit filed therewith, the High Court may be l, pleased to issue ah appropriate Writ, order or direction, one more particularly in the natJre of a writiof Mandaimus by declaring the illegal action of 3rd Respondent in tryinJ to registerlthe doiuments presented by the unofficial respondents herein pertaind to the propLrty of Vabant Land:admeaiu ring 467.24 Sq. yds in Survey No. ' :zsslaot, 8o5l eost(nstdei,pbnani 803/A) of Hanamkonda Revenue Village, ward ruo. z, Eearing cvirr,1clH.r.ro. 7-7-2gglgl1, situated at Kapuwada, Hanamkonda City an! District, and without .'considering.thei case of the petitioner as well as pendind Suit in O.S. No. BS2 of 2023 on the file of lll Additional Junior civil Judge i *i;,,.. "{ i | l,l; f!I-1: r i l' ;i I I 1,, atH anam konda and not considering the representation/legal notice dt. 09.12.2024 as Ueint ittegal arditrary and violative of principles of natural justice also violative of nrtiJte 14, 21 tof Constitution of lndia and consequently direct the 3rd respondent not to entertain registration over'petitioner s property forthwith. I I I tA NO: h OF 2025 I ti," uffl the 3rd etition under Section 151 CPC praying that in the circumstances stated in avit filed in'support of the petition, the l'ligh respondenti forth to stop registration over the property in Survey No- 799, , 803 (As ier Pahani 803/4) of Hanamkonda Revenue Village, Ward No 804, B 7, Bea ng GWlt/C, H.No. 7-7-29913/1 , Situated at Kapuwada, Hanamkonda City representation/legal notice Court may be pleased to direct strict by tconsidering the petitioner s .2024, pending disposal of the Writ Petition. dt.0 9.1 I 2 I t Counsdl for the Petitioners: SRI M.NARESH Counsdl forthe Respondent Nos.1 TO 3: GP FOR REVENUE Counseil for the Respondent Nos.4 TO 6: - The c"L rt made the following: ORDER I I I I { I I I I I *. tr..f' A!l *ii-r. td( !B -. '. '.. i "1J THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.S137 of 2025 ORDER: This rvrit petition has been filed seeking the following prayer: - "to declare the illegal action of 3'd Resporudent in trying to register the documents presented bg the unofficial respondents herein pertains to the propertg of Vacant Land admeasuing 467.24 Sq.gds in Surueg No.799, BO4, BO5, 803 (As per Pahani 803/A) of Hanamkonda Reuenue ViLlage, Ward No.7, Bearing GWMC, H.No.7-7 299/3/1, Situated at Kaputuada, Hanamkondtt City and Distict and witltout considering the case of the petitioner as uell as pending Suit in O.S No.B52 of 2023 on the file of III Additional Junior ciuil Judge at Hanamkonda and not considering the representation/legal notice dt O9.12.2O24 as being illegal, arbitrary and uiolatiue of principles of natural justice also uiolatiue of Article 14, 21 of Constitution of India and consequentlg direct tl'Le 3'd respondent not to entertain r e g i str a tio n o u er p etitio ner's p rop e rtg. . . "

2. Brief facts of this lvrit petition are that petitioners claims to be the owner and possessor of Land admeasuring 467 .24 Sq.yds 1n Survey No.803 (B03/A), in Ward No.7, Bearing GWMC, H.No.7-7-299/3/1, Situated at Kapuwada, Hanamkonda City and District, (hereinafter referred as 'subject property). Further case of the petitioners is that the petitioners with an intention to develop the subject property executed an Development Agreement cum GPA in favour of respondent Nos.4 to 6 and the 2 same was registered ,ide documcnt No.20039 of 2021 dated

20.07 .2027. Thereafter, the respondent Nos.4 to 6 failed to complete construction on the subject propert], ald even after lapse of 23 months, respondent Nos.4 to 6 did not complete the construction. Aggrieved by same, petitioners on 12.06.2023 issued lega1 notice to respondent Nos.4 to 6, seeking cancellation of the Development Agreement cum GPA dated 20.07.2021 . Hou,ever, on 15.06.2023, the parties entered into memorandum of understanding, rn,herein respondent Nos.4 to 6 agreed to complete the pending construction over the subject property within 45 dals, failing which respondents agreed to cancel the Development Agreement cum GPA dated 20.07 .2027 .

3. Learned counsel for the petitioners would submit that respondent Nos.4 to 6 failed to compiete construction in the prescribed period, hence the petitioners filed O.S No.B52 of 2023 and the same is pending on the file of III Additional Junior Civil Judge, Hanamkonda (herein after referred as "the Trial Court'). It is further submitted that the respondent Nos.4 to 6 are trying to alienate the flats constructed over the subject property, thus, the petitioners on 09. 12 .2024 issued legal notice arrd requested respondent authorities not to entertain ar.ty registration 1n J respect of the subject property covered under registered Development Agreement cum GPA dated 20.O7 .202 1 . Thereafter, respondent No.3 issued letter bearing LR.No.980 lRO,Wgll2O2a, dated 11.12.2024, stating that "..thls authoritg has no pou.ter to stop registration basing on the application or Legal notice, unless copg of orders of injuruction or attachment orders receiued from Hon'ble Court." Aggrieved by the sarne, present writ petition is filed.

4. Learned counsel for the petitioners submitted that inspite of the issuing lega1 notice dated 09.12.2024 and pending O.S No.B52 of 2023, the respondent authorities are registering the documents in respect of the subject property, hence, pray this Court to direct the registering authority not to entertain any registration in respect of the subject propert5r covered under registered Development Agreement cum GPA dated 20.O7.2021.

5. Learned Assistalt Government Pleader for Stamps and Registration has drawn attention of this Court to the circular memo dated 10.03.2010, issued by the Commissioner and Inspector General of Registration ald Stamps, Hyderabad, wherein certain instructions were issued and the relevant portion of the same is extracted hereunder:- .,:* -/ 4 I " lnstances have come to the notice of the Commissioner & Inspector General of Regisu'ation and Stamps, that in cerlain cases tJte Sub Registrars registered documents when an injunction order issued by the Civil Court is in Jbrce. The explunutron given is such cases by the Sub Registrars is that the injttitctiort is git'en to the other parties and not to the Sub Registrur. T'he conlenlion of the Sub Registrar is not correct. The instruclions issued in the reference l"' and 2'd cited are reiteratrd. The Standing Order No.2l9(b) speaks as follows.. th) If the tlndhra Prade.sh High Courl or any olher (-'.ivil Court restrains a person .from ulienating a properry and if such ctrders are hroughl to the notice of the Regislering Officers or served on the Registering Officer. The Regi.stering O./ficer is estopped from going uhead with lhe Registrotion". Therefore, all the Rcgi.stering OJficers are requestetl to.follow the irlstructions issued the said stttnding Order 'c:rupulousll. "

6. Learned Government Pleader would submit that in view of Standing Order No.2 I 9 (b), which governs procedure to be followed by registering authorities, i.e., whenever the registering authority is ir-iformed that on the property which is the subject matter of document presented before them and in case the competent Court had granted injunction/restraint order, the registering authority cannot register and release the document. 7 . Learned Assistant Government Pleader further submits that in the present case the competent Court had not granted any injunction / restraint order thus, the registering authority is not bound to act on the petitioners' legal notice dated

09.12.2024 a1ld in view of the same, the respondent No.3 has 5 rightly issued letter bearing LR.No.980 lRO,WgIl2O24, dated

11.12.2024 and the said action of the registering authority is valid and the writ petition is liable to be dismissed. B. Heard, learned counsel for the petitioners and learned Assistant Government Pleader for stamps and Registration appearing for respondent Nos.1 to 3 9 . Upon perusal of the material, it is noticed that the petitioners has hled OS.No.B52 of 2023 for recovery of possession ald the Trial Court has not passed any injunction or restraining order in respect of the subject property and on query raised by this Court, whether there is any injunction or restraining order? learned counsel for the petitioners fairly stated that there are no such orders ald further submitted that petitioners are now taking steps to file I.A. in O.S.No.852 of 2023, restraining the respondents Nos.4 to 6 in alienating the subject property. Inspite of contesting the matter in the Triai Court, the petitioners have filed the present writ petition.

10. It is pertinent to note that the respondent No.3 in exercise of discretion guided 1n S.O.219(b), issued letter bearing LR.No.980/RO,Wgll2024, dated 11.12.2024, stating that'the authority has no power to stop registration basing on the 6 ( application or Legal notice, unless copy of orders of injunction or attachment orclers recelved. from competent Court' and basing on Starrcling Order No.219(b), respondent No.3 rightly refused to act upon the petitioners' 1egal notice dated 09.12.2024' In view of the aforesaid reasons, this Court do not find arty 1 i. merits irr this vr.rit petition and deems it approp|iate to dismiss the writ petition. It is made clear that the observations made iu this order shall not have any bearing on the merits of the civil Suit pencling for acljudication before the concerned Court ald it is also madc clear that the parties are at liberty to seek appropriate remedy as available under 1aw.

12. Accordingly, this u'rit petition is dismissed' There shal1 be iro order as to costs. As a sequel, miscellal1eous applications, if any pending, shall stand closed. I l I I One xv; WO //TRUE COPY// SD/.S. MALLIKARJUNA RAO TANT REGISTRAR A SECTION OFFICER C C c C S U D s o G P o d. Co p YIAE?t"?',0rtJ:i,?J?8JJt%,thestateorreransana,at UT] (+ I I i I I I I To

1. 2. PSK. GJP HIGF , couR,T DATED:2010212025 i ORD R tWP. o.5137 of 2025 1 I i I r 1 I t ,l F TE( o "- "$' ,,:\ \:-.' G ':-'\ I, I ,-l ,'l! \\ a---; ,1 .,./ t,-/' ,.-/ .J ,t. DIS ISSING WIT OUT COSTS THEIWRIT PETITION ( 2s \ ; l I I a li',,i H . l I t I '.t . I l: lri l'[t]i:] l:.,