ORDER:

This writ petition is filed questioning the action of respondent No.3 – Sub-Registrar, Quthbullapur in refusing to register and release the pending Doc.No.128/2021 dated 23.03.2021 vide Intimation of Refusal No.65/2021 dated 23.03.2021 which was confirmed by respondent No.2 in Appeal No.31/2021 dated 31.12.2021 on the ground that petitioner’s property i.e., in respect of H.No.5-73/2, Plot No.A3, land admeasuring of 164 sq.yds., in Sy.No.185 situated at Ranga Nagar, Chintal, Quthbullapur Village and Mandal under Gajula Ramaram Circle, GHMC, Ranga Reddy District (‘subject property’ hereinafter) which is in prohibitory list under Section 22(A) of the Registration Act, 1908 (for short ‘the Act’ hereinafter) as per Gazette Notification R.R.No.83 dated 25.09.2013, G.O.Ms.No.292 Revenue (Registration) dated 09.03.2005 communicated by Commissioner and Inspector General (R&S), Hyderabad vide File No.G1/4661/2005 dated 02.07.2005 and memo No.G2/257/2019 issued by respondent No.6 and direct respondent No.3 herein to register and release the pending document P.No.128/2021 dated 23.03.2021.

2. The case of the petitioner is that the petitioner’s property is purely a private patta land and his vendor has constructed house by duly obtaining building permission from the concerned authority and that the vendor of the petitioner has purchased the subject plot by way of registered sale deed bearing Doc.No.2852/1995 dated 24.03.1995. The sale deed which was executed by the vendor of the petitioner in favour of the petitioner, when presented before the Sub-Registrar for registration, the Sub-Registrar has refused to register the document and thereby given pending Doc.No.P.128/2021 and intimated to the petitioner vide Refusal No.65/2021. The reasons for refusal are as follows:

1. As per Commissioner and Inspector General (R&S) memo No.G2/257/2019 dated 26.08.2020 authorized structures only shall be registered. Under Section 178(3) of Telangana Municipality Act, 2019 dated 09.10.2019 “the registering authority shall not register any building or structure or part of the building without the production of sanctioned plan approved by the municipality.”

2. The property is Government land, notified as prohibited property under Section 22(A) of the Registration Act as per the Ranga Reddy District Gazette notification R.R.No.83 communicated by Joint Collector, Ranga Reddy vide File No.E5/4730/2013/Quthbullapur dated 25.09.2013.

3. Deputy Collector & Tahsildar Quthbullapur Mandal File No.B/583/2012 dated 17.02.2012 and

4. Gazette Notification No.134 dated

10.03.2005 and G.O.Ms.No.292 Revenue (Registration I) dated 09.03.2005 communicated by Commissioner and Inspector General (R&S), Hyderabad vide File No.G1/4661/2005 dated

02.07.2005.

3. Thereafter, petitioner has filed an appeal in A.No.31/2021 before respondent No.2 but respondent No.2 without appreciating the facts, had confirmed the refusal order passed by respondent No.3 and dismissed the said appeal by its order dated 31.12.2021 which was communicated to the petitioner on 24.07.2023.

4. A counter affidavit has been filed by the Sub-

Registrar, Quthbullapur i.e., respondent No.3 herein stating that it is true that petitioner has presented a sale deed in respect of subject property which has been executed and presented for registration on 23.03.2021 and after scrutiny of the document, the Sub-Registrar has refused to register the document and given pending Doc.No.P/128/2021 dated 23.03.2021, as it is notified in the prohibitory property list under Section 22(A) of the Registration Act, 1908 (for short ‘the Act’ hereinafter) as the Government land. It is further submitted that respondent authorities have acted as per the provisions of the statute and that they are not empowered to ignore the notification under Section 22(1)(a) to (e) of the Act. The said counter has been filed on 03.07.2024 and has also verified by the learned Government Pleader for Stamps and Registration.

5. Learned counsel for the petitio