High Court · 2025

Judgment

1. 2 The Stale of Telangana, Rep. by principal Registration Department, Secretariat, Hyderabad. Secretary, Stamps and The District Registrar, Stamps and Registration, Office at Keesara. Medchal Ulalkajgiri District, 3 Ln"_ Sub Registrar, Stamps and RegistrBtion Department, Narapally, Medchal Malkajgiri District. ...RESPONDENTS I

Petition under Article 226 of lhe congtitution of lndia praying that in the circumstances stated in the affidavit filed fherewith, the High Court may be pleased to issue a writ order or direction more particularly, one in the nature of writ of Mandamus, declaring the action of il1re respondent no.3 in including the property i.e. plot no.671 in Sy.no.6 and 7 (known as Kancha Salarjung) admeasuring 200 sq. yards situated at Sai Priya nagar, parvathapur (v) under Peezadiguda Municipal corporation, Medipally (M) Medchal Malkajgiri District in the prohibitory list under sec.22-A of Registr+tion Act, 1908, despite the fact that the appeal no.17 of 2O24 which was ailJweO by the Respondent no.2 on 151212024 under sec. 72 of Registration Aot, against the refusal order of the respondent no.3 vide refusal order no.11202,4 dt.12l1lzoz4 on the pretext that order dt.141212024 in lA.no.1BOl2o24in oS. illo.g9/2024 on the file of learned 1st Addl. Junior civil Judge cum V Addl. Metropolitan Magistrate. Medchal Malkajgiri aDistrict at L. B. nagar as iflegar and arbitrary and r:onsequenfly direct the respondent no.3 to remove the subject property from pnrh bitory rist and register and release the document in favour of petitioner. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in te circumstances stated in the. affidavit fired in support of the petition, the High corrrt may be preased to direct the respondent no.3 to remove the subject property i.e. plot no.671 in Sy'no 6 and 7 (known as Kancha Sarar.iung) admeasuringy 2,00 sq. yards situated at sai Priya nagar, parvathapur (V) under peerzadiguda fulunicipar corporation, Medipally (M) Medchar Markajgiri District from the prohibitory rist and accept the pending document no.p3l2o24 by registering the sanre and release the document in favour of the petitioner, pending disposar of the above writ petition. Counsel for the Petitioner: SRI M.V.HANUMANTHA RAO Counsel for the Respondents: AGp FOR STAMPS & REGISTRATION The Court made the following: ORDER TI{E HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRJT PETITION No. 6286 of2O24 ORDER: This writ petition has been hled qeeking the following prayer "...pleased to issue d writ order or dire+tion more particularly, one in the nature of Writ of Mandumus, declaring the action of the respondent No.3 in including the property i.e.. plot l{o.671 in Sy.No.6 and 7(onwn as Kancha Salarjung) admeasuring )00 square yards siludted dt Sai Priya Nagar, Parvathapur village unier peerzadiguda Municipal Corporation, Medipall.,- Mandal. Medchal Malkajgiri District in rhe prohibitory list under Section 22-A of Registration Act, 190g, despite the fact thst lhe appeal No. l7 of 2024 which tyas allowed by the Respondent No.2 on 15.02.2024 under Section 72 oj, Registration act, against the refusal order of the respondent No.3 vide refusal order No.t of 2024 dated 12.01.2024 on the prercxt rhar order dated 14.02.2024 in 1.A.No.180 of 2024 in O.S.No.89 oI f014 on the file of learned I't Additional Junior Civil-cum-y Additional Metropolitan Magistrate, Medchal Malkajgiri District at L.B.tyagsr as illegal, arbjtrary and consequently, direct the respondent No.3 t? remove the subject'property from the prohibitory list and register and iplease the document in favour ofpetitioner, and pass such other relieJ or teliefs ..." 2 The facts rising to hle the presen! writ petition are that petitioner submits that he has entered i.,to ^g.J"-.nt of sale cum G.p.A \rrith possession on O3.1O.2O23 with Smt. Madhurama Krishna Singh @ Madhurani Kshatri, W/o Sri Ramakrilshna Singh in respect of the subject property. The said AGPA was presented before the respondent No.3 arrd the same was refused vide refusal order No. 1 of 2024 d,ated

12.01.2024 and in the said refusal ordlr, it is mentioned that the said 2 subject property was already sold vide document No.39O of 2OO7 of S.R.O.Ghatkesar artd further documents have beerr registered on the basis of the said document. An appeai was filed viCe appeal No. 17 of 2024 against the refusal order passed by Sub-Regist:.ar, Narapally, vide Refusal Order No.01 of 2024 dated 12.01.2024, uherein respondent No.2 has allowed the appeal on 15.02.2024 un<ler Section 72 of Registration Act. The copy of the prohibited list is filed in the material papers in which a-n extent of 20O yards in plot No.6'l1 wzrs shown and the reason for placing in the prohibited list is mentioned as ,,covered by Court sta5/ and in the said notification, refer,:r: ce u,as taken to O.S.No.S9 of 2024 in I.A.No.18O of 2024 on the lite of V Additional Metropolitan Magistrate Court, Medchal-Malka..; giri )i stric t.

3. The Sub-Registrar, Narapally has submitted instructions to the Assistant Government Pleader and submitted as un,ler: I "It is to submit that this ofhce has received a letterlrom the Smt. Bhukya Srujani, W/o Bhulrya Manish, dated t(,.O2.2024, vide I.A.No.l80 of 2024, in O.S.No.89 of 2024, dated . 4rh Feb 2024, issued by the Honble V Additionat Metropolitan Me.gijtrate cum-l Additional Junior Civil Judge, at L.Ii_Nagar, and sarrLe was rrotified in the prohibition list of the Sub-Registrar office of Naracally. Further, I submit that as per the standing orle: 219 (b) of Registration Manual: "lf the High (lourt or any otlrer crvil court restrains a person from alienating a property and if suc r ordr:rs are brought to the notice of the registration officer or se:-ved on the registration officer, the Registering officer is stoppr.d from going ahead with the registration". ,,

4. l,earned counsel for the petitiQner submits that as far as the orders are concerned in I.A.No.1g0 of 2024 in O.S.No.g9 of 2024 d,ated 74'o2'2024, the trial court granted a,-interim injunction in favour of the petitioner restraining the respond{rts/defendants therein a,d their hehchmen, agents, servants and atto fneys etc., from interfering with the petitioner's peaceful possession and enJoyrnent over the suit schedule property t,l 01.03'2024. Thif court observed that once there is arr injunction on the subject propertf and if registration is permitted it would create third party rights. At tlis stage, learned counsel for the petitioner submits that since the pfoperty is now placed in the prohibited list, he would make appro flriate representation brining all the facts and their grievance before the pub-Registrar.

5. At this juncture, learned A+ submitted that if such representationi slstant Government pleader I made, appropriate orders 1S would be passed t I . - 6 In view of the foregoing discussion], this Court without expressing any opinion on the merits of this case {eems it appropriate to dispose of this writ petition directing the reppondent No.3/Sub_Registrar, Narapally to consider representation i{ any made by the petitioner within one week from the date of receip of copy of this order. If such representation is made respondent No. is clirected to look into the orders passed in O.S.No.g9 of 2024 and also the orders passed by the 4 respondent No.2/District Registrar in appeal No.0l rrf 2024 ald pass appropriate orders within a period of (03) weeks therezrfter- 7 Accordingly, writ petition is disposed of. No or,le r as to costs. Miscellaneous applications, if any pending, shalI stand closed. //TRUE COPYII SD/-A. SRINIVASA REDDY AS ANT REGISTRAR \ 5?r?."r:T,*T"T;rE:,ru. 3. The Sub Reqistrar. Star To, ECTION OFFICER 1. The Principar secretary,^stamps and Registration r)epartment, Secretariat, , Hyderabad, State of Telangana. Stamps and Resistration, Medchat tvatkajgiri District, Malkajgiri Di5trict. mps and Registration Departmerrt, Narapally, Medchal

4. One CC to SRt M,V.HANUMANTHA RAO, Advocate [(]F,UC] 5 6 BSR LS Jlf"3ff"f,",ffr?5,,t'*Y8fif RecrsrneroN, uisrh court ror the State Two CD Copies I HIGH COURT DATED:29t01t2O2S T \) ,c..) 1t6 t,r (J L) * /:: ORDER WP.No.36286 of 2024 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS Ty /1 9