Property cannot be included in a prohibitory properties list to prevent registration based merely on the pendency of a civil suit or a legal notice; a formal restraint order from a competent civil court is mandatory to legally block alienation.

ORDER:

Heard Sri M.A.K. Mukheed, learned counsel for the petitioner, the learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4, and Sri T.V. Kalyan Singh, learned counsel appearing for the unofficial respondent No.5.

2. This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondent Nos.3 and 4 in including the subject property in the list of prohibitory properties and thereby, not entertaining registration of the subject property, as illegal and arbitrary.

3. In response to the notice issued by this Court, the respondent No.4 filed counter affidavit stating that a civil suit in O.S.No.239 of 2022 on the file of Principal Junior Civil Judge, Nizamabad, is pending in respect of the subject property, and a legal notice was got issued by the unofficial respondent No.5 on 09.06.2022 and as such, the subject property was included in the prohibitory properties list.

4. Except the legal notice said to have been got issued by the unofficial respondent No.5 and pendency of civil suit in O.S.No.239 of 2022 on the file of Principal Junior Civil Judge, Nizamabad, there is no other reason or reference to any restraint order passed by the competent civil Court to restrain alienation of the subject property.

5. Sri T.V. Kalyan Singh, learned counsel for the unofficial respondent No.5, submitted that a civil suit is already filed seeking cancellation of the gift deed executed by the respondent No.5 in favour of the petitioner herein in respect of the subject property and in the said suit, an I.A. is also filed seeking temporary injunction not to alienate the subject property, pending disposal of the said suit, and the said I.A. is coming up for arguments for passing appropriate interim orders.

6. It is admitted fact that there is no restraint order restraining the parties to this Writ Petition or parties to the civil suit in O.S.No.239 of 2022 on the file of Principal Junior Civil Judge, Nizamabad, from alienating the subject property. In the absence of such a restraint order including the subject property in the prohibitory properties list, preventing transactions in respect of the subject property is totally illegal, arbitrary and contrary to law.

7. In the circumstances, the Writ Petition is allowed directing the official respondents to delete the subject property from prohibitory properties list, as expeditiously as possible, at any rate, within a period of two (2) weeks from the date of receipt of a copy of this order. However, it is made clear that, in case, if any appropriate interim orders are passed restraining alienation of the subject property at the instance of the respondent No.5 herein, it is always open for the respondent No.5 to bring such fact to the notice of the respondent Nos.3 and 4 herein and in case, any such orders are brought to the notice of the respondent Nos.3 and 4, they are free to take appropriate action, in accordance with law. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.