* THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR + Writ Petition No.16109 of 2024 % 19.07.2024 # Between:

Dasari Rama Murthy Petitioner Vs.

The State of Telangana, Rep by Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat, Hyderabad & others.

Respondents ! Counsel for Appellants : Mr. K.Sai Sri Harsha ^ Counsel for Respondents : Learned Assistant Government Pleader for Stamps and Registration

> HEAD NOTE:

? Cases referred

1 2024 (1) ALT 272

2 2016 (2) ALD 236 (FB) : 2015 SCC OnLine Hyd 407 THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.16109 of 2024

ORDER

The present writ petition is filed questioning the action of respondent No.2 in issuing proceedings in No.E5/2825/2021 dated 10.06.2021 in Sy.No.41/5 of Khanamet Village, Serilingampally Mandal, Ranga Reddy as being illegal and arbitrary and direct respondent No.4 to receive, register and release the sale deed presented by the petitioner in respect of flat bearing No.405, IV floor of Vintage heights admeasuring 1175 sq.ft., with undivided share of 54 sq.yds., situated at H.No.2-56/VH/405, Sy.No.41/5 of Khanamet Village, Serilingampally Mandal, Ranga Reddy (subject property) District without reference to the said proceedings dated 10.06.2021.

Brief facts of the case:

2. The brief facts of the case are that the petitioner submits that he is the absolute owner and possessor of the subject property, having obtained it through a registered Development Agreement dated 17.08.2013. The petitioner submits that originally one Kaatika Sandaiah was the owner and pattadar of Ac.0.12.5 gts., in Sy.No.41/5 of Khanamet Village, which he sold through registered sale deeds to the vendors of the petitioner. Thereafter, the vendor of the petitioner sold an extent of 491 sq.yds., out of 1475 sq.yds., to the petitioner and one K. Srinivasa Rao through registered sale deed dated 31.01.2013. Subsequently, petitioner and his co-owner gave the property to development under registered development agreement-cum-GPA dated 17.08.2013 to one M/s.JPS Construction and thereafter the said JPS Constructions completed the construction of residential apartment and flat No.405 fell in the share of the petitioner herein.

3. It is submitted that to meet financial requirements, the petitioner want to sell the said flat and offered to sell to the purchaser viz., Smt.Manasa Ratna, who agreed to purchase the same for a sale consideration of Rs.36,00,000/- and entered into an agreement of sale. It is also submitted that his vendees obtained loan from State Bank of India and when the sale deed was presented before respondent No.4 for registration, the same was refused for registration and issued a refusal order dated 10.06.2021 in which it is stated that the Sy.No.41/5 of Khanamet Village is kept in prohibited list under section 22(A) of the Registration Act, 1908 (for short ‘the Act’ hereinafter).

Questioning the same, the present writ petition is filed.

Counter affidavit filed by respondent No.4:

4. A counter affidavit has been filed on behalf of Joint Sub-Registrar, RO (OB) stating that the petitioner so far has not presented any document to the Registering Authority and hence the question of neither receiving nor processing the document does not arise. He would deny that the subject plot of the petitioner is not prohibited property and no notification was ever issued under Section 22-A of the Registration Act, 1908 and also many sales took place till today and without any objection, they have been registered.

4.1. He would further submit that the subject property is in prohibition as per the letter issued by the District Collector, Ranga Reddy District in Lr.No.E5/2825/2021 dated 29.09.2021 in which it is stated that the land in Sy.No.41/5 is declared as Government land under Section 22(A)(1)(b) of the Act, and is prohibited for registration and the registering authorities are bound by the instructions of the District Collector, Ranga Reddy District. In view of the same, prays to dismiss the writ