THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.12124 of 2023 This writ petition is filed seeking the following prayer:

“…declaring the action of the respondents in passing Refusal Order No.46/2023 dt.04.03.2023 refusing to register the Sale Deed pending document No.112 of 2023 with regard to the House bearing Municipal No.256/D/8/5/27 (PTIN No.1219992785), Plot No.27, admeasuring 300 sq.yards., situated at Khanamet village, GHMC Serilingampally Circle, Serilingampally Mandal, Ranga Reddy District on the ground of Lr.No.E5/2825/2021 dt.10.06.2021 issued by the District Collector and also on the Letter No.B/1751/2017 dt.16.06.2017 issued by the 5th respondent as highly illegal, arbitrary and set aside the same and consequently direct the 3rd respondent to receive, register and release the Sale Deed Pending document No.112 of 2023 submitted by the petitioner for registration with regard to the House bearing Municipal No.2- 56/D/8/5/27 (PTIN No.1219992785) Plot No.27, admeasuring 300 sq.yards., situated at Khanamet village, GHMC Serilingampally Circle Serilingampally Mandal, Ranga Reddy District (subject property) without reference to the Lr.No.E5/2825/2021 dt.10.06.2021 issued by the District Collector and the Letter No.B/1751/2017 dt.16.06.2017 issued by the

5th respondent…”

2. The facts of the case in brief are that petitioner claims to be purchaser of subject plot from one Smt.Settipalli Lalitha and others who acquired the title to the property from one Mr.Jaya Rao having purchased vide registered sale deed and constructed house after obtaining permission from GHMC and was in peaceful possession and enjoyment of the same.

3. The petitioner, thereafter, approached respondent No.3 for registration of the subject plot in his favour, however, respondent No.3 refused to register the same and assigned pending Doc.No.P.112/2023 and passed refusal order No.46/2023 dated 04.03.2023 on the ground that the District Collector vide Lr.No.E5/2825/2021 dated 10.06.2021 declared the land in Sy.No.41/11 situated at Khanamet as Government land and prohibited for registration. The further reason is that as per the letter No.B/1751/2017 dated 16.06.2017, issued by the Tahsildar, Serilingampally, the land is assigned land and hence the registration of sale cannot be entertained. It is further submitted that prior to the above said letter, the District Collector issued notification dated 26.09.2013 calling for objections and suggestions for inclusion of the lands in the prohibitory register under Section 22(A)(1)(e) of the Registration Act, 1908 (for short ‘the Act’ hereinafter). However, the said notification was set aside by an order of this Court in W.P.No.19069 of 2014 dated 25.08.2014. 4. Thereafter, no notification was issued by the Government notifying the subject lands under the prohibitory register under Section 22-A of the Act. The petitioner’s further case is that since no final notification has been issued by the Government, respondent authorities cannot refuse registration on the basis of draft notification. It is further submitted that the letter was issued by respondent No.5 dated 16.06.2017 circulating list of Government lands for prohibition of registrations and in the said letter, the subject land in Sy.No.41/11 was not at all mentioned and hence the refusal order of respondent No.3 is liable to be set aside. It is further submitted that the lands are private lands but the Government have shown the subject lands as Government lands and prohibited the same for registration. Questioning the same, the present writ petition is filed.

5. This Court on 26.06.2023 has granted an interim order directing respondent No.3 i.e., the Joint Sub- Registrar to receive and register the sale deed presented by the petitioner in respect of the subject property. However, it is made clear that the registration would be subject to final result of the writ petition.

6. A counter affidavit has been filed by the Joint Sub-

Registrar, Ranga Reddy Di