The High Court · 2025

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 a Writ, Order or Direction, more so, a Writ in the nature of [Vlandamus, by declaring the action of the 3rd respondent Sub-Registrar, Quthbullapur, in refusing to receive and register the sale deed presented by the petitioner in respect of H.No.4-246, admg.142 Sq.yards, with plinth area iif +OO Sq.ft., in Sy.No.107, situated at Suraram Colony, Suraram village, Quthbullapura N/andal, Medchat [vlalkajgiri District, basing on the prohibited list under Section 22-A of Registration Act, (basing on the letter of the Tahsitdar, Quthbullapur Mandal, dated 17to2t2012), is illegal, arbitrary, and contrary to law and also contrary to provisions of Registration Act, and consequentially, to direct the 3rd I respondent t,r receive and register the sale deed presented by the petitioner in respect of the H.No.4-246, admg.142 Sq.yards, with plinth area of 400 Sq.ft., in Sy.No.107, situated at Suraram Colony, Suraram village, Quthbullapura Mandat, tVedchal Mall<ajgiri District. lA NO: 1 OF',2021 Petitiotr under Section 151 CPC praying that in the circumstances stated in the affidavit iiled in support of the petition, the High Court may be pleased to direct the 3rc respondent to receive and register the sale deed presented by the petitioner in respect of H.No.4-246, admg.142 Sq.yards, with plinth area of 400 Sq ft., in Sy.llo.1O7, situated at Suraram Colony, Suraram village, Quthbullapura lVandal, Mecichal Malkajgiri District, during the pendency of the above writ petition. Counsel for the Petitioner:SRl. G. VASANTHA RAYUDU Counsel for the Respondents: MS DARA HARITHA KIRAN, AGP FOR REVENUE AND STAMPS & REGISTRATION. The Court made the following: ORDER i l-a .': I (7 THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI IIIRIT PETITION No. L7O24 oF 2o2L ORDER: This writ petition is filed with the following prayer: "...to issue a Writ, Order or Direction, more so, a Writ in the nature of Mandamus, by declaring the the 3'd respondent Sub-Registrar action of Quthbullapur, in refusing to receive and register the sale deed presented by the petitioner in respect of H.No.4-246, admg.142 Sq.yards, with plinth area of 4OO Sq.ft., in Sy.No.1O7, situated at Suraram Colony, Suraram village, Quthbullapura Mandal, Medchal Malkajgiri District, basing on the prohibited list under Section 22-A of Registration Act, (basing on the letter of the Tahsildar, Quthbullapur Mandal, dated L7lO2l2O12), is illegal, arbitrary, and contrary to law and also contrar5r to provisions of Registration Act, and consequentially, to direct the 3'a respondent to receive and register the sale deed presented by the petitioner in respect of the H.No.4246 admg.L42 Sq.yards, with plinth area of 4OO Sq.ft., in Sy.No.107 situated at Suraram Colony, Suraram village, Quthbullapura Mandal, Medchal Malkajgiri District, and may pass..."

2.. Heard Mr. G.Vasantha Rayudu, learned counsel for petitioner and Ms. Dara Haritha Kiran, learned Assistant Government Pleader for Revenue and Stamps & Registration for respondents.

3. It is the case of petitioner that he has presented a sale deed in respect of property bearing H.No.4-246, adrneasuring 142 Sq.yards, in sy.No.1o7 situated at Surararn village, Quthbullapur Mandal, Medchal tiur3*tri District. It is further the case of petitioner that petitioner's vendor has entered into an agr€ement 2 JAK,J w_17024 2021 to sell the property in her favour. It is further r-) submitted that the said parcel of land in Sy.No.lO7, has been de-notified as per G.O.Ms.No.942, dated 19.1 1.2005.

4. l,earned counsel for petitioner submitted that when the document was presented for registration before the Sub- Registrer, Quthbullapura Mandal, the authority concerned refused to register the said property on the ground that the propert5, is prohibited from registration as it is placed under Section 22-A of Registration Act.

5. On the other hand, learned Assistant Government Pleader for res[rondsn15 submitted that no document is placed on record to substantiate that petitioner has submitted the sale deed for registration. That in the absence of presenting the sale deed for registration, no proceedings can be passed by the registering authority. That petitioner has not stated anywhere the details such as date or challan number, as required, so as to obtain written instructions from the authorities.' It is pointed out tha: on a mere oral refusal, the writ petition is not maintairLable. d--d a JAK,J w_17024 2021 It is not in dispute that on the basis of letter of Tahsildar, 3 6 the registering authority cannot refuse registration. The appropriate authority to communicate the prohibited list under Section 22-A has been dealt with by a Three Judge Bench in Vinjamuri Rajagopala Chary and others t), Prlncipal Secretary, Reaenue Department, Hgderabad and othersl. The law laid down does not empower Tahsildar to intimate Sub- Registrar about the prohibited list of properties.

7. It is submitted by learned counsel for petitioner that draft notification dated 26.O9.2OL3 of District Collector, Ranga Reddy, communicating the prohibited list of properties fell for consideration before this Court in W.P.No.19069 of 2014 and learned Single Judge of this Court has set aside the notification on the ground that a draft notification cannot be relied upon for refusing registration

8. In view of the fact that it is the Tahsildar who communicated to the office of Sub-Registrar that the subject property is prohibited from registration, cannot be held to be a valid refusal, as Tahsildar is not the appropriate authority to communicate the list of prohibited properties to the office of ' 20l5 SCC onLine Hyd 4o7 I t I I : ,-a\ 4 JAK,J w_17024_02t Sub-Registrar. It is not disputed that a learned single Judge of this cou.rt in w.P.No.19069 0f 2014 has held that the draft notification dated 26.09.2013 issued by the office of District Collector. to be bad. It is brought to the notice of this Court that by virtut: of interim directions, the agreement of sale has been registered and released. [n view of the submissions made and for f€?S,roS aforesaid, this Court is of the opinion that no further e-djudication is necessary in this matter' g. wi.h the above observations, writ Petition is allowed, "qua the petitioner", "qua the prayer". No costs. Mir;cellaneous applications pending, if any; shall stand closed. SD/. MALLIKARJUNA RAO STANT REGISTRAR I //TRUE COPY// SECTION OFFICER To,

1. The Principal secretary, Revenue Department,state of Telangana, Secret;lriat, HYderabad.

2.TheDistrictRegistrar,MedchalMalkajgiriDistrict. 3. The Sub-Registrar, Quthbullapur, Medchal Malkajgiri District. 4. The Collector, Medchal tr/alkajgiri District' 5. The Terhsildar, Quthbullapur Mandal, Medchal tt/alkajgiri District' 6. One Cl to sRl G. VASANTHA RAYUDU, Advocate IoPUC] 7. Two COs to GP FOR REVENUE & STAMPS and^REGISTRATION ,High Court for the State of Telangana at Hyderabad ' [OUT]

8. Two CD CoPies DAN rJ+- TKS HIGH COURT DATED:30/1 012025 ORDER WP.No.17024 ot 2021 1 hES 1 g [tB 202[ * '-) o t * ALLOWING THE WRIT PETITION WITHOUT COSTS tl,