THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

ORDER:

This Writ Petition is filed seeking the following relief:

“…to issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents 3 to 7 in not entertaining the registrations over the lands of the petitioners pursuant to letter vide F.No. ECIR/HYZ0/04/2018 dated 22.06.2020 issued by the 8^th respondent directing the 2^nd respondent not to entertain any properties mentioned in the said letter, is arbitrary, illegal, unjust, unconstitutional and contrary to provisions of the Indian Registration Act, 1908, and set aside the same, and consequently direct the respondents 3 to 7 to receive, register and release the documents presented by the petitioners without reference to the letter vide F.No. ECIR/HYZ0/04/2018 dated 22.06.2020 issued by the 8th respondent and to pass such other order or orders....”

2. Heard Mr. T.Bala Mohan Reddy, learned counsel representing Mr.Mohd Moin Ahmed Quadri, learned counsel for petitioners, Ms.Dara Haritha Kiran, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 7 and Mr.D.Narender Naik, learned Standing Counsel for Central Government appearing for respondent No.8.

3. It is the specific case of petitioners that action of respondent Nos.3 to 7 in not entertaining registration of petitioners’ lands pursuant to the letter vide F.No.ECIR/HYZO/04/2018, dated 22.06.2020, and the letter vide F.No.ECIR/HYZO/2018/3907, dated 28.09.2022, is illegal. Petitioners seek a direction from this Court that respondent Nos.3 to 7 shall receive, register, and release the documents presented by the petitioners without reference to letters dated 22.06.2020 and 28.09.2022.

4. A copy of letter dated 22.06.2020 is annexed to the writ petition and a copy of the letter dated 28.09.2022 is filed vide I.A. No. 1 of 2025 (Pg. Nos. 12 and 13 of the I.A.). By virtue of these two letters, the Sub-Registrar was under an obligation not to register the properties mentioned in Annexure I attached to the said letters, Sub-Registrar rejected the documents presented by the petitioners.

5. It is brought to the notice of this Court by learned counsel appearing on behalf of respondent No.8 that letter, dated 28.09.2022 is no more in existence as it is withdrawn. The only question that falls for consideration is whether the communication i.e., letter dated 22.06.2020 addressed by Assistant Director Office of the Joint Director, Enforcement Directorate, Hyderabad Zonal Office to Commissioner and Inspector General of Registration and Stamps is to be considered or not. The contents of said communication are as follows:

“Sub: Investigation against Smt.Nowhera Shaik & M/s Heera Group of Companies under the provisions of PMLA, 2002-Reg., This office is investigating a case against Smt.

Nowhere Shaik & M/s Heera Group of Companies under the provisions of Prevention of Money Laundering Act, 2002. During the Court of investigation, certain properties were identified in the name of M/s SA Builders and Developers, Shri Syed Akhtar and his family members as listed in Annexure-I (Table-I, Table-II) to this letter, 2. It is to inform that, no further transaction should be allowed in respect of the properties listed in Annexure-I such as transfer/mortgage/sale/hypothecation gift etc., without permission of undersigned since a case is registered under Prevention of Money Laundering Act, 2002 and investigation is being conducted.

3. The above information/documents are being called for under Section 50 of Prevention of Money Laundering Act, 2002.”

6. It is pertinent to note that in the communication or letter dated 22.06.2020 addressed to the Commissioner and Inspector General of Registration and Stamps, certain properties pertaining to petitioners were mentioned in Annexure-I (Table-1 and Table-II) attached to it. These properties were not being registered on the ground that the letter dated 22.06.2020 addressed by the Assistant