The High Court · 2025

Petition Under Article 226 ot the Constitution of lndia praying that in the circumstanbes stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Direction more particularly in the nature of Writ of l\Iandamus declaring the in action of the respondent No.4 not considering the petitioner's representation dated 23.03.2024 seeking deleting from the prehistory list in respect of 1)All that the Flat No.201, llnd Floor having plinth area 1985 sft of SPRING ROCKS Apartments along with undivided share of 89 Sq.yds in H.No.B-2-676/BlCl51 and H.No.8-2-676lA/B/Ci6B, Road No.13, Banjara I fills. Shaikpet mandal. Hyderabad 2) All that the Flat Suit No.1 in First Floor of Annapoorna Apartment having plinth area 2500 sft along wi:l undivided share of land 86 Sq.Yds in H.No.8-2-693/2/1/A. H.No.B-2-il\t2t1/8. H.No.B-2- 6931211lBls1 , Road No.12. Banjara Hills. ward-Block No.2, l- yderabad in view of the orders dated 05.10.20'18 in LA.No.349/16 in os No.132 2016 on the fite tV Additional and District Judge, Vishakapatnam as illegal, arbit ary and one without jurisdiction and against the provisions of law and contral rights guaranteed under 300-4 of constitution of lndia and consequenfly direr;r the 4th respondent herein to delete the prehistory list in respect of 1)All that t e Flat No.201. llnd Floor having plinth area 1985 sft of SpRING RocKS AJr rrtments along with undivided share of 89 Sq,yds in H.No.8-2-676lB/C/ ;1 and H.No.8_2_ 676lNBlcl68, Road No.13, Banjara Hiils. shaikpet mandat. r yderabad 2) All that the Flat Suit No.'l in First Floor of Annapooma Apartment he r ing plinth area 2500 sft along with undivided share of land 86 Sq.yds in H.N0.8-2- ;g3t2l1lA. H.No.8-2- 693121118. H.No.8-2-6g3l2l1tBlS1 , Road No..l2, Banjara Hit ;, Ward-Btock No.2, Hyderabad. I.A.NO:1 OF 2025 Petition Under Section 151 cpc praying that in the cir( umstances stated in the affidavit filed in support of the petition, the High courl may be pleased to direct the 4th respondent herein to delete the probhitory list r respect of 1)All that . the Flat No.201, Ilnd Floor having plinth area 1985 sft ,f SPRING ROCKS Apartments along with undivided share of 89 sq.yds in H.Nc 8-2-6l6lBlcts1 and H.No.B-2-676iAtBtct68, Road No.13. Banjara Hi[s, shaikperr mandar, Hyderabad 2) All that the Flat Suit No.'l in First Floor of Annapoorna Ap rtment having plinth area 2500 sft along with undivided share of land 86 S q.yds in H.N0.B_2- 69312111A, H.No.8-2-693/2/1/B, H.No.8-2-693t2t1tBtS1 , Fr ad No.12, Banjara Hills, Ward-Blcok No.2, Hyderabad pending disposal of the r,v it petition. Counsel for the Petitioner : SRI VSRMV PRASAD SANAKA 99yl:"t for the Respondent Nos..t to 4 : SMT S.SR^AVANTF t, Acp FOR REVENUE Counsel for the tmplead Respondent No.5 : - The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K. SARATH lV.P.No. 17690 of 2O25 Date: 04.12.2025 Between Smt. Majji Naga Lakshmr AND . ..petltloner

1. The State of Teiangana, Rep. by its Principal Secretar5r, Revenue (Stamps and Registration) Department, Secretariat Buildings, Hyderabad and 4 others. .. .respondents ORDER Heard Sri VSRMV Prasad Sanaka, learned counsel for the petitioner and Mrs. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration, appearing for the respondent Nos.1 to 4. Perused the material available on record 2 ESK,.] P.No 17690 ot 2025

2. Personal notice sent to the responrl :nt No.5 as well as the counsel for the respondent No.5 ir rpearing in O.S.No.l32 of 2016 on the lile of IV Additio: ral District Judge, Vishakapatnarn was returned un_ser,, .d u,ith an endorsement that address was left without r rstrnctions and also 'unclaimed, and a memo was filed tc -hat effect. In view of the same, the personal notice s:nt to the rcspondent No.5 is deemed to be served.

3. Learned counsel for the petitionr r_ slrbmits that the petitioner has filed the Writ petition c Lrestioning the action of the respondent No.4 in not conr;r lering the petitioner's representation dated 23_O3_2O,.tl seeking deletion of the petitioner,s properties viz., i) FI 11_ No.20l, 2",1 floor having plinth area of 19g5 sft of Sp r ir.rg Rocks Apartments along with undivided share of g9 sq 1,ds in H.No.8-2-676 /B/C/sr and H.No.B_2_676 /^ /BlC/68, Road No.13, Banjara Hills, Shaikpet Mandal, [ -vderabad and ii) Flat Suit No.1, l"r floor having plinth arr a of 2500 sft of Annapoorna Apartments arong with undir.i red sharc of 86 sq yds in H.No.8-2_693 /2/t 1 t, H.No. J SK.J W.P.No. t7690 ot 2025 8-2-6921211lB/S1, Road No.t2, Banjara Hills, Ward_ Block No.2, Hyderabad, from the prohibited list, in view of the orders dated OS_1O-2OIB in I.A.No.349 ot. 2O16 in O.S.No. 132 of 2016 on the lile of IV Additional District Judge, Vishakapatnam, and declaring the same as iltegal and arbitrar5r.

4. Learned counsel lor the petitioner submits that the petitioner is the absolute ou,ner and possessor of the subject property and the responcrent No.s filed the above suit against the petitioner and one another before the trial Court for recovery of money. Along with the said suit, he has filed I.A.No.349 of 2016 seeking attachment of the subject properties. Initially, the trial Court granted interim orders on 22-O3_2O16 directing the petitioner not to alienate the subject properties to any third parties and to communicate the said order copy to the respondent No.4. Thereafter, the said I.A. was closed vide orders dated 05-10-2018 as both the parties have not pursued the said I.A. In view of the same, the orders dated 22-03-2016 passed by the trial Court are merged with the 4 SK.J ' '.1'.No l7(190 o1 2025 '-.w \ docket order and therefore presently there :s no order from the trial Court to prohibit the subject pr rperties for registrations but in spite of the same, thr: registering authorities are continuing the properties in tL t prohibited 1ist.

5. Learned counsel for the petitic r er further submits that the petitioner has made a repl'€: entation to the respondent Nos.3 arrd 4 requesting tc deletc the subject properties from the prohibited list, in ;pite of the same, they are not considering the represent rtion. The said action of the respondent Nos.3 and 4 ir; illegal and arbitrary and therefore, sought for deletion o1 ,he subject properties from the prohibited list in view o[ the orders dated 05-1O-20 18 passed by the trial Court.

6. On the other hand, learnec Assistant Government Pleader for Stamps and Registrat r n, submits that the respondents are continuing tl e subject properties in the prohibited list keeping in mind the orders dated 22-03-201,6 and further submi s that the trial Court while closing the said I.A., vide c,r ders dated 5 SK.J W P No 17690 of2025 05-10-2018, left the parties with equal rights without prejudice to the rights of both the parties. In view of the said directions, the respondents cannot permit the petitioner to proceed with the registration of the subject properties and unless the order dated 05-10-2018 is vacated from the competent Court, the registering authorities cannot delete the subject properties from the prohibited list

7. Having heard the submissions made by the learned counsel for both the parties and upon perusal of the impugned order, this Court is of the considered view that the petitioner questions the action of the respondents 1n continuing to include the subject properties in the prohibited list on the strength of the interim order dated 22-03-2016 in LA.No.349 of 2016 in O.S.No.l32 of 2OL6 on the file of IV Additional District Judge, Vishakapatnam. The said suit u,as instituted by the respondent No.5 for recovery of money and during its pendency, I.A.No.349 of 2016 was filed for attachment of subject property, in which, the trial Court granted interim I l t I i 6 SK,J ,V.P.No. 17690 o12025 -!- \T'5 orders. Subsequently, due to non-pursuar ce of both sides, the said I.A. was closed by the docket :rder dated 05- 10-20 I B

8. In the above circumstalces, as of :.: no subsisting attachment orders against r :w, there is he subject properties. Despite this, the registering aut rorities are continuing to include the subject propert es in the prohibited list. In the present case, though notice was duly served, respondent No.5, who himself irLr tituted the suit against the petitioner, has not chosen tr, receive the personal notice sent by the petitioner ald hz.r any steps to pursue or revive the orc 05-10-2018. As a resuit, the said order hz not taken ers dated s attained finality. Therefore, no valid or subsisting order :xists from the competent Court for implementing the er dated 22-03-2016. Nevertheless, the rlier order e spondent authorities are still continuing to include I te subject properties in the prohibited list.

9. The Standing Order 219-B of the Registration and Stamps Department reads as under: 7 SK.J W.P.No.1 7690 ol'2025 '5.O.219.O) If a Court restrains o person from alienating tr properly and if he still choses to alienate it, it is he who contrdvenes the onlers of the Court ond not the Registering Officer. lf, on the orher hand, the Court gives a direction lo the Registering ofricer/ Registrdtion Department, the offcer / Department is estoppedJrom go,ng ohaad iith lhe regislrat0n."

10. In view of the same, unless there are any specific subsisting orders from the competent Court, the respondent authorities cannot prevent the registration of the subject propertieS. 1 1. In view of the above findings, the Writ Petition is allowed, directing the registering authorities to delete the subject properties from the prohibited iist and to permit the petitioner to effect their sale in favour of third parties, without reference to the orders dated 22-03-2016 in LA.No.349 of 2016 in O.S.No.l32 of 2016 on the file of IV Additional Qistrict Judge, Vishakapatnam. There shall be no order as to costs

12. As a sequel, the miscellaneous petitions pending, if any, shall stand closed SD/- C.DEEPIKA A SISTANT REGISTRAR //TRUE COPY// To

1. The Principal Secretary, Revenue (Stamps and Reg Secretariat Buildings, State of Telangana at Hyderabad

2. The Commissioner and In Telangana, Hyderabad spector General of Registration and Stamps, SECTION OFFICER on) Department, District.

3. The District Registra(South), Hyderabad District, Hyderrr rad. 4. The Joint Sub-Registrar-|, RO Banjara Hills, Hyderabad ( iouth) Hyderabad 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 6. One CC to SRI V.S.R.M.V.PRASAD SANAKA, Advocakr OpUCI 7. Two CD Copies Hyderabad. [OUT] SA \ HIGH COURT DATED:0411212025 j ORDER WP.No.17690 of 2025 I /,'i' lf,j .r:: n \) t. 21,AN 2026 -\ * '.-----l r ( ALLOWING THE W.P WITHOUT COSTS. r\al a\