* THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR % Dated 11-07-2025 Between:

# Naushad Ali, S/o. late Ismail Ali and another ... Petitioners and $ The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.

…. Respondents ! Counsel for the Petitioners : Mr. J.Ramachandra Rao ^ Counsel for the respondents : Mr. S. Ravi < GIST : --- >HEAD NOTE : ---

? Cases referred: :

1. (2022) 8 Supreme Court Cases 210

2. (2022) 7 Supreme Court Cases 1

3. (2016) 10 Supreme Court Cases 767 THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

The petitioners are aggrieved by the Proceedings dated

26.06.2021 passed in Appeal No.2422 of 2021 by respondent No.3 and order Nos.3 and 4 of 2021 dated 20.03.2021 passed by respondent No.4. Further consequential prayer was sought to direct the respondents No.3 and 4 to receive and register the sale deeds presented by the petitioners in respect of the flats constructed in house property bearing Nos.6-l-286 and 6-1-286/A admeasuring 2200 square yards situated at Walker Town, Padmarao Nagar, Secunderabad (hereinafter referred to as ‘the subject property’).

2. It is the case of the petitioners that they are the absolute owners and possessors of the subject property having purchased the same from its original owners under a registered sale deed bearing document No.867 and 868 of 2017, dated 19.11.2014. Their further case is that they have executed a Development Agreement dated 11.09.2019 in favour of M/s. Vijetha Constructions. In pursuance to the said Development Agreement, GHMC granted permission on 08.08.2019 for construction of residential apartments consisting of One Cellar + Stilt + Five upper floors situated at Walker Town, Padmarao Nagar, Secunderabad vide Permit No.1/C30/12231/ 2019 dated 08.08.2019. Accordingly, the developer had constructed residential flats as per the sanctioned plan.

3. While so, one Smt. Devika and three others have filed a suit in O.S. No.203 of 2019 on the file of the I Additional Chief Judge, City Civil Courts, Hyderabad against the petitioners for declaration of title and recovery of possession however, no interim orders were passed in the said suit. Thereafter, the petitioners have sold all the flats to the respective purchasers and when the petitioners wanted to execute the sale deeds in favour of the respective purchasers, the Registering authorities i.e., respondents No.3 and 4, have refused to receive and register the sale deeds stating that the civil suit in O.S. No.203 of 2019 on the file of the I Additional Chief Judge, City Civil Courts, Hyderabad is pending. It is further submitted that except the said suit, no suits are pending and there is no direction from any Court of law directing not to receive and admit the sale deeds. Questioning the action of the Registering authorities, the petitioners filed the present writ petition.

4. The learned Assistant Government Pleader appearing for the official respondents No.1 to 4 has placed a copy of the written instructions issued by the respondent No.4, Sub-Registrar, Secunderabad, wherein it is stated that two Agreement of Sale- cum-General Power of Attorney deeds dated 27.02.2021 executed by the writ petitioners have been presented before the Sub-Registrar, Secunderabad for registration. Both the documents were admitted for execution and kept pending as P.No.60 of 2021 and 61 of 2021 for scrutiny. On scrutiny of the documents, it is observed that in preamble of the documents, it is recited that the link document Nos.867 of 2017 and 868 of 2017 both the documents are registered at the Sub-Registrar’s Office, Secunderabad and these two link documents have got the origin of documents No.3867 of 1971 and

1525 of 1978 registered at the Registrar’s Office, Hyderabad.

5. It is further submitted that a complaint was lodged at Nampally Police Station and FIR was booked vide No.265 of 2019 dated 08.11.2019 and an investigation is under process with respect to the origin Document Nos.3867