ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration.

2. This writ petition is filed seeking a writ of mandamus to declare the action of the respondents in not deleting the house property bearing No.1-8-505/11/B/2 situated at Prakash Nagar, Begumpet, Hyderabad, from the list of prohibitory properties maintained under Section 22-A of the Registration Act, 1908 (for short, (cid:145)the Act, 1908(cid:146)), as illegal and arbitrary.

3. According to learned counsel for the petitioner, the subject property is included in the list of prohibitory properties on the ground that O.S.No.400 of 2013 is pending on the file of the I Junior Civil Judge, City Civil Court, Secunderabad, in respect of the subject property. It is further submitted that no interim orders restraining alienation of the subject property are passed by the competent Court and there is no basis to include the subject property in the list of prohibitory properties.

4. On the other hand, learned Assistant Government Pleader for Stamps and Registration, having received the written instructions from respondent No.3, submitted that there is an order passed in I.A.No.703 of 2013 in O.S.No.400 of 2013 on the file of the I Junior Civil Judge, City Civil Court, Secunderabad, dated 21.08.2013, and because of the said order, the subject property is included in the list of prohibitory properties.

5. A copy of the order passed in I.A.No.703 of 2013 in O.S.No.400 of 2013 is also placed before this Court. A perusal of the said order shows that the said application was filed seeking an interim injunction restraining the respondents therein from interfering with the peaceful possession and enjoyment over the suit schedule property i.e., H.No.1-8-505/1/D/A admeasuring 173 sq. yards in Survey No.55/2 situated at Patigadda, Begumpet, Secunderabad, whereas the property which is the subject matter of the present writ petition is H.No.1-8-505/11/B/2. Therefore, the order passed in I.A.No.703 of 2013 has no relevance to include the subject property in the list of prohibitory properties. In addition to the same, it is also stated in the written instructions that the subject property is covered by the orders passed in I.A.Nos.1733 and 1734 of 2021 in O.S.No.400 of 2013 on the file the I Junior Civil Judge, City Civil Court, Secunderabad, but no such orders are placed before this Court. According to learned counsel for the petitioner, there are no such Interlocutory Application numbers at all filed in the said O.S.No.400 of 2013. Therefore, in the absence of placing any material before this Court supporting the action of respondent No.3 in including the subject property in the list of prohibitory properties and appropriate orders passed by the competent Court restraining alienation of the subject property, the action on the part of respondent No.3 in including the subject property in the list of prohibitory properties is apparently illegal and arbitrary.

6. In the circumstances, the writ petition is allowed directing respondent No.3 to forthwith take steps for deleting the subject property from the list of prohibitory properties and complete the process within a period of four weeks from the date of receipt of a copy of this order and respondent No.3 is further directed to receive, process and register the document presented by the petitioner for registration in respect of the subject property, in accordance with law, subject to the document complying with the requirements of the Indian Stamps Act, 1899 and the Registration Act, 1908. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

____________________________________ MUMMINENI SUDHEER KUMAR, J Date:15.03.2023 Note:- Issue C.C. in two days.

(B/o)

KH THE HON(cid:146)BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.6010 of 2023 Date:15.03.2023 KH