IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.9373 of 2024 Date: 09.12.2025 Between:

M/s. IDFC First Bank Limited …Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Revenue, Stamps and Registration Department, Secretariat, Hyderabad & Six others …Respondents

ORDER

Heard Sri V.Santosh, learned Counsel for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 5, Sri P.Durga Prasad, learned Counsel for respondent No.6 and perused the entire material on record.

2. Learned Counsel for the petitioner submits that the petitioner filed the present Writ Petition seeking to declare the action of respondent No.4 in refusing to receive and register the sale deed presented by the auction purchaser in view of the sale certificate issued by the petitioner-Bank in respect of the property bearing Unit No.G-4, H.No.13-1-21/4 (Old H.No.1-21/4), PTIN No.1039900440, in Dream Home Prabhat Towers, having plinth area of 550 Sq.ft, along with an undivided share of land admeasuring 18.00 Sq.yards (equivalent to 15.04 Sq.meters) out of land of 629 Sq.yards, on Plot Nos.41 and 42 in Sy.No.123, situated at Prabhathi Nagar, Giaddiannaram Village, Saroornagar Revenue Mandal, under GHMC L.B.Nagar Circle, Ranga Reddy District (for brevity, “the subject property”) stating that the subject property is under attachment as per the orders dated 24.11.2022 passed by the Deputy Registrar of Chits/Arbitrator, Erragadda, Hyderabad (South), as illegal and arbitrary.

3. Learned Counsel for the petitioner further submits that the respondent No.7 obtained a housing loan of Rs.21,00,000/- vide Loan Sanction Letter dated 03.02.2024 from the petitioner-Bank by mortgaging the subject house property by way of a Memorandum of Deposit of Title Deed dated 09.07.2018 vide Document No.3734 of

2018 in favour of the petitioner-Bank.

4. Learned Counsel for the petitioner further submits that due to default in repayment and adherence to the terms of the loan agreement, the petitioner-Bank initiated legal proceedings against the respondent No.7 and obtained orders in its favour and were in the process of selling the property to one Mr. Mohammed Jahangeer Pasha, the highest bidder in the auction vide sale certificate dated

21.12.2023 and subsequently, had approached the Sub-Registrar for registering the subject property in his favour. However, the petitioner was informed by respondent No.4-Sub Registrar that the registration of the subject property was withheld due to an attachment order dated 24.11.2022 passed by the Deputy Registrar of Chits/Arbitrator, Erragadda, Hyderabad, in I.A.No.31 of 2020 in Arb.CF.No.502 of 2019 in favour of respondent No.6- M/s. Margadarsi Chit Funds Private Limited and in view of the same, the Petitioner-Bank could not register the sale deed.

5. Learned Counsel for the petitioner further submits that the action of respondent No.4 is contrary to the Orders passed by this Court in City Union Bank Limited Vs Sub Registrar, Peddapalli and Ors.,1 and the same is followed by another Division Bench of this Court in W.P.No.38125 of 2018 dated 14.10.2019. Therefore, learned Counsel prayed this Court to allow the Writ Petition by directing the respondent No.4 to receive and register the sale deed presented by the auction purchaser in view of the sale certificate issued by the petitioner-Bank.

6. On the other hand, learned Assistant Government Pleader for Stamps and Registration submits that in pursuance of the orders dated 24.11.2022 passed by the Deputy Registrar of

1 2018 (5) ALT 279

Chits/Arbitrator, Erragadda, in I.A.No.31 of 2020 in Arb.C.F.No.502 of 2019, the respondent authorities have entered the subject property in the prohibitory list and in view of the provisions of the Registration Act, 1908, the respondent No.4-Sub-Registrar, Golconda, is not empowered to delete the subject property from the prohibitory list and requested