IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY
Smt. B.Sunitha – Appellant
Versus
The Station House Officer – Respondent
WP 42391/2015
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY W.P.No.42391 of 2015 DATE : 09.01.2026 Between:
Smt B.Sunitha … Petitioner AND The Station House Officer, Central Crime Station Police Station, Hyderabad and three others. …Respondents
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 to declare the action of the respondent Nos.1 and 2 in issuing the impugned proceedings in Cr No 140/2015/WCO TIV/DD dt.26.06.2015 requesting the 4th respondent to stop further transactions in respect of the property bearing H.No.12-1-508/63, Plot No.40, Lakshmi Nagar, North Lalaguda, Secunderabad as arbitrary illegal contrary to law and without any power and consequently direct respondent Nos.1 and 2 to recall the impugned letter dt.26.06.2015 issued to the respondent No.4 in the interest of justice…”
2. None appears on behalf of the petitioner.
3. Heard Mr. Sridhar Bhuvanagiri, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 3.
4. This Court vide order dated 30.12.2015 passed in W.P.MP.No.54676 of 2015 (I.A.No.1 of 2015) granted the following interim direction:
“Prima facie, the police authorities have no power in law to address communications to the registration authorities to desist from entertaining documents for registration.
There shall accordingly be interim suspension of the communication dated 26.06.2015 addressed by the 2nd respondent to the 4th respondent. The 4th respondent shall receive the subject document and process the same in accordance with the due procedure.”
5. The core issue that falls for consideration is whether the police authorities, in the absence any statutory attachment or inclusion of property under Section 22-A of the Registration Act, 1908 possess jurisdiction to direct a Sub-Registrar to refuse registration of documents relating to immovable property.
6. It is stated by the petitioner that one Ms.Lavanya, owner of House bearing No.12-1-508/63 consisting of Ground floor and First floor constructed on Plot No.40 admeasuring 170 Sq.yds situated at Lakshminagar, North Lalaguda, Secunderabad, had purchased the said property under a registered sale deed, dated 03.03.2014 from the original owner Mr. B.Arogyayya.
7. It is further stated that the said Ms.Lavanya, alienated the subject house in favour of the petitioner, pursuant to which the petitioner paid total consideration, and the said Ms.Lavanya executed sale-cum-GPA with possession on 09.02.2015. However, when the petitioner approached to respondent No.4/Sub-Registrar on 10.12.2015, for registration of the said transaction, and upon obtaining Encumbrance certificate in respect of the said property, it was noticed that an entry existed to the following effect:
“an amount of Rs.2,62,88,000/- is due to the Government towards arrears of Revenue U/Sec.41(a) DR proceedings No.CR.No.140/2015, WCO T-OV/DD, dated 27.06.2015.”
8. There-upon the petitioner enquired with respondent No.4, who furnished the impugned letter dated 26.06.2015 issued by respondent No.2, informing that the owner of the said property, namely, Lavanya, was arrayed as accused No.2 in Crime No. 140/2015 on the file of the 1st respondent police station for the offences under Sections 406, 420, 506 r/w.34 of IPC. It was further stated therein that the accused induced innocent members of the public on pretext of investing in share market, promising profits @ 5% per month and collected an amount of Rs.2,62,88,000/-, whereafter the business was abruptly closed. It was also further stated that the accused had purchased several properties in the name of firm and individuals and therefore the respondent No.2, requested the respondent No.4 to stop further transactions in respect of the subject property until further information received from the investigating officer. Consequently, respondent No.4 refused to entertain
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