1. A. Janga Reddy v. The State of Telangana

5. The Tahsildar, Uppal l\/andal, firledchal District (formerly, Ranga Reddy District). ...RESPONDENTS Petition under Article 226 ol lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of [\/andamus or any other appropriate Writ and direct the respondents to act in accordance with law and entertain and register the sale deeds which may be produced by the petitioner in respect of any plot of land in Sy.Nos.B7l1 , B7l5 and 8716 of Nagale Village, Uppal Mandal, IVedchal District (formerly Ranga Reddy district) and release the registered documents to the petitioners. l.A. NO: 1 OF 2017(WPMP. NO: '14313 OF 2017 ) Petition under Section '1 51 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 respondents 3 to 5 to entertain and register the sale deeds which may b presented by the petitioners in respect of the land in Sy. No. 8711 , 8715 and 8716 o'f Nagole Village, Uppal [Mandal, Medchal District (formerly Ranga Reddy District), pending disposal of the writ petition. Counsel for the Petitioners: SRI VEDULA VENKATA RAMANA, Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER l HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.11509 of 2077 ORDER: Heard Sri.Vedula Venkata Ramana, learned senior counsel appearing for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 5. With their consent this writ petition is taken up for disposal

2. This Writ petition is filed seeking the following prayer:- "to direct tlrc respondcnts to act in occordance toith lnut nnd entertain nnd register the sale deeds uhich nmy be produced by the petitioner in respact of any plot of lnnd in Sy Nos.87/1, 87/5 anrl 87/6 of Nagole Village, Uppal Mandal, Medchal Distict (fonnerly Ranga Reddy district) and relense the registered documents to the pe titioners . "

3. Brief facts of this writ petition are that the petitioners claims to be the owners and possessors of the land admeasuring Ac.10-09 guntas situated in Sy.Nos.87l1, 87 /5, and 87 /6 of Nagole Village, Uppal Mandal, Ranga Reddy District (presently Medchal District), having acquired the same by way of registered family partition deed dated 25.10.1984. Thereafter, petitioners' obtained plot layout in respect of the said lands and sold about 100 plots in the ycar 2002. Now, the petitioners with an intention to sell the balance plots approached the respondent authority requesting to register the sale deed in respect of the above said plots. However, respondent authority refused to register the same on the ground that the land in Sy.No.S7 of Nagole village is in prohibitory property list. Aggrieved by such rejection, this writ petition is filed. 2 1

4. I-earncrl scnior counsel appearing for the petitioners would submit that in sirnilar.irculnstance onc Pitta Fiarinatha Reddl,filed w.P.No.455g3 of 20-16 seeking dircction to respondent authorities to entertain the sale der:d to be prescntccl by the petitioner therein in respect of rand i, sy.No.g7 oI Nagole Village and this Court ,ide interim ordr:r dated 31.07.2077, directed the rcspondent authorities to entertain arLd register the sale deed. Learned senir',r counscl woulcl further pray this Co,rt to direct the registeri^g autllority to register and release the sale dt:ccl in respect of the subject lands.

5. Lcarnctl Assista.t Go'cr.ment pleader for Stamps ar-rd Rcgistration has placed on .ccord instructions issued by Sub-Registrar., Uppal, relevaut portion is extracted herc undcr:- "The pelitioner lms allegtd tlat tltc 4tlt llespondent, the Sub- Registrnr. tlenied tfu registrntion of n property they intenrlerl to reLease, tnd orullr1 infornrd tlurn that tlrc registratiott roas prolibitt,tl under Section 22-A of the Registrdtion A;t, 1909. I categoicnlly deny these allegations. I lnoe not refuserl to accept ty documcnt presented t'or registration by tln, executant upofl paunl(,nt o.f tfu requisitc duties. If tlu entitled pnrties hnd rluly presentL,.l the document, it tL,ould lntte been procrssed in accortjrmie toith tfu ltrouisiorts oJ'the rwgistration Act, 190g. I fitrther srbnit thnt the property in questicn, in Sy. No. 87/1, 87,,'5 and 87/6 of Nngote Reos1111s Villnge, is classifetl as 'nssignul' and lms hcen notified as prohibited t'or alienotion under Section 2-A of the Registrntion Act, 1g08, aidt Rangarerldy D istict t)aze tte N o.55 D t.26.09.201 3. Irr tltis context, I submit that tlrc District Collcctor, the 2ud ResponLltn t lrcrein, is the cotnpetent authority to notifq, rlenotifu, aLter, or ttrodtfy tlrc prohibited list under Rule 238 rea,i uitlt Sectiin 22-A A) @)_and (b). This position hns been uphtld in the juclgment VinjamooriRnjngopnlachary tts. Gooernment of A.p. Hence the authoriti'< rtf tlrc Rcgtstrntion Depnrtment 3tt! arul 4t\ Resporulcnts i 3 are not in a position to remoae the prohibition erttry us claimed by the petitioner. Llntil tht entry in the prohibited list is remoaed, tfu Sub- Registrar is not empowered to register the property' Hozoeoer, the prttioru is entitled tn present a duly executed dacume.nt before the 'Sub-Registrar, who will process it in accordance with the proaisions of the Registration Act, 1908' - l- t'urther submitted thot the petitioner tet'erred to W'P' No.45585 of 2016 stating that some interim order passed by tht High Couri directing registration of sale deeds, houteoer, the court might hnue tlirected fot proaisional registration but noL It is humbly requested that the Hon'ble High Court considu the aforementionid facts duing the hening. Additionally, I ,rtprit\ulty pray thit the Hon'ble High Coutt ma.y.direct the priitiorrr'to prisent the document t'or regrstration, duly executerl 'by the oendor, along zoith the requisite stamp duties' This wilt eifute the 4th Respondent to process the document as per the prouisions of the Registration Act, 1908, md the appltcnble ruies. Any issues regarding the prohibition orders utill be caret'ully examineti during the registration process ' lf it is detirm[ned that the property is not sttbject to any such prohibitory orders, the rlocument toitl be ndmitted for registtation'"

6. Learned Assistant Government Pleader further submits that the land in Sy.Nos.87/1 , 87 l5 and' 87 I 6 ol Nagole Revenue Village, is classified as 'assigned' and has been notifiecl as prohibited for alienation under Section 22-A of the Registration Act, 1908 and further submits that until the entry in the prohibited list is removed, the Sub-Registrar is not empowered to register the subject ProPertY.

7. Inthe case on hand, it is relevant to refer to the Common Judgment dated,19.10.2023 passed by the Hon ble Division Bench of this Court in writ Petition Nos.28300 of 2007 and batch, the relevant paragraphs are extracted hereunder:-

29. It was further held that sub-seclion (4) of Section 22A of the Act provides a remedy to an aggrieved party to approach the 4 4 i') Stale Govcrnntcnt for deletion of his propert.y .from the notiftcation. It has Jurther been held that if any such upplication is matle, the competent authority has lo alford an opportunity o.f hearing and an opportunity to produce materials/'clocuments in supporl of .such a claim. The claim made by an aggrieved person has to be deak with by a speaking order. It has further been held that in case such an application is made under Section 22A@ of the Act, the same has to be decided within a period of three monlhs. ll ltas also been held that the mechanism provided under Section )24(1) of the Act shall nol preclude the parties to./ile on1, other appropriate proceeding, including civil suit, fir similar or appropriate relie-f.

8. Learncd Assistant Government Pleader for Stantps and Registration submits that the petitioners has not made any representation before the competent authority to remove the subject property from the prohibited list. It further submitted that if the petitioners makes representation/ application and submit his grievance, the resporident authorities lt oulcl consider the same and pass appropriate orders in accordance $,ith law.

9. At this stage, learned counsel for petitioners submits that the petitioners mav be permitted to make representation/ application for deletion of the subject property from the prohibitor) .properties list and further pray this Court to direct the respondent authorities to consider and dispose the same within a time bond period.

10. In vierv of the submission made by the learned counsel on either side and rt ithout expressing any opinion on merits oi thc case, this writ petition is disposed oI, granting liberty to petitioners to make -representatiorl,r a- application for deletion of the subject property from the I '*f,l I i i I I i I 5 prohibitory properties list, within a period of one (01) week from the date of receipt of copy of this order and on such representatiory the respondent authorities are directed to dispose the same and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably, within a period of three (03) weeks from the date of receipt of a copy of petitioners' representation/ application.

11. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs //TRUE COPY// SD/. K. AMMAJI NT REGISTRAR ASS brroH orrtceR To, 1 2 J 4 5 6 7 The Secretary, Revenue, Department' Secretariat' The State of Telangana' Hyderabad. The District Collector, Ranga Reddy District at Hyderabad' The District Registrar' Ranga Reddy District' at Hyderabad' heJointSub-Registrar-l,MedchalDistrictEast,Uppal,MedchalDistrict ii;fi;;iy ii"saReddY District) The Tahsildar, Uppal Mandal' Medchal District (formerly' Ranga Reddy District). One CC to Sri Vedula Venkata Ramana' Advocate [OPUC]- Two CCs to GP for Revenue' High Courtfor the State of Telangana' at Hyderabad [OUT] Two CD CoPies

8. TJ GJP HIGH COURT DATED:2910112025 ORDER WP.No.11509 of 2017 i STATe ( (t o 2 5 ll\'i ?t25 7 o t CF-s rrr.- -.'- DISPOSIN OF THE WRIT PETITION WITHOUT COSTS // 4z ,/,//J ,/t (