THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.20308 of 2025

ORDER:

Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record.

2. Learned counsel for the petitioner submits that the petitioner filed this writ petition challenging the Lr.No.16/SRO/TNDR/2025 dated 26.04.2025 issued by the respondent No.2, wherein the request made by the petitioner was rejected and informed that the registration of the subject property cannot be stopped unless orders (status quo or injunction) from competent Court to enable them to take further action in the matter.

3. Learned counsel for the petitioner further submits that the petitioner has filed O.S.No.54 of 2002 on the file of the Senior Civil Judge, Vikarabad, Ranga Reddy District, wherein the trial Court granted Ad-Interim Injunction Order dated 30.12.2002 in I.A.No.489 of 2002 in O.S.No.54 of 2002 against the defendants therein restraining them from alienating or disposing the schedule properties in any way till 22.01.2003. Subsequently, the same was extended up to 18.09.2003. On 29.01.2004, as no party was insisting for its disposal on merits, the I.A.No.489 of 2002 in O.S.No.54 of 2002 was closed, where it was then.

4. Learned counsel for the petitioner further submits that subsequently, the O.S.No.54 of 2002 was renumbered as O.S.No.14 of 2025 on the file of the I Additional District Judge, Vikarabad District. In view of the same, the petitioner herein made a representation dated 26.04.2025 to the respondent No.2 requesting not to entertain any transactions executed in Survey Nos.200, 201, 203 and 204 situated in Tandur as the Interim Order dated 22.01.2003 were not vacated. In response to the same, the respondent No.2 issued impugned letter vide Lr.No.16/SRO/TNDR/2025 dated 26.04.2025 and informed that the registration of any property cannot be stopped unless orders (status quo or injunction) from competent Court to enable them to take further action in the matter. Aggrieved by the same, the petitioner filed present writ petition and requested to allow the same by directing the respondent No.2 to comply with the order of Injunction without being served or received from the Court.

5. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that as per records, the suit schedule property was not in prohibited properties list under Section 22-A of the Registration Act, 1908. Moreover, as per Standing Order 219(b) of the Registration and Stamps Department, there is no valid order from the competent Court to stop the Registration in respect of the suit schedule property. Therefore, the respondent authorities cannot stop the registration of the suit schedule property.

6. Standing Order No.219(b) of the Registration and Stamps Department is reads as follows:

“S.O.219.(b) If a Court restrains a person from alienating a property and if he still choses to alienate it, it is he who contravenes the orders of the Court and not the Registering Officer. If, on the other hand, the Court gives a direction to the Registering officer/ Registration Department, the officer / Department is estopped from going ahead with the registration.”

7. In view of the same, the respondent No.2 rightly issued the impugned letter dated 26.04.2025 insisting the petitioner to produce the copy of order from the competent Court. The contention of the petitioner is that the injunction order passed by the trial Court on 30.12.2002 continues till the disposal of the suit filed by the petitioner. The said contention cannot be accepted as the injunction order passed by the trial Court in I.A.No.489 of 2002 in O.S.No.54 of 2002 on 30.12.2002 extended from time to time till 18.09.2003. Thereafter, there is no extension of injunction order. Moreover, the I.A.No.489 of 2002 in O.S.No.54 of 2002 was closed on 29.01.2004 by the trial Court. In view of the same,