THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.5137 of 2025

ORDER

This writ petition has been filed seeking the following prayer:-

“to declare the illegal action of 3rd Respondent in trying to register the documents presented by the unofficial respondents herein pertains to the property of Vacant Land admeasuring 467.24 Sq.yds in Survey No.799, 804, 805, 803 (As per Pahani 803/A) of Hanamkonda Revenue Village, Ward No.7, Bearing GWMC, H.No.7-7- 299/3/1, Situated at Kapuwada, Hanamkonda City and District and without considering the case of the petitioner as well as pending Suit in O.S No.852 of 2023 on the file of III Additional Junior civil Judge at Hanamkonda and not considering the representation/legal notice dt 09.12.2024 as being illegal, arbitrary and violative of principles of natural justice also violative of Article 14, 21 of Constitution of India and consequently direct the 3^rd respondent not to entertain registration over petitioner’s property...”

2. Brief facts of this writ petition are that petitioners claims to be the owner and possessor of Land admeasuring 467.24 Sq.yds in Survey No.803 (803/A), in Ward No.7, Bearing GWMC, H.No.7-7-299/3/1, Situated at Kapuwada, Hanamkonda City and District, (hereinafter referred as ‘subject property’). Further case of the petitioners is that the petitioners with an intention to develop the subject property executed an Development Agreement cum GPA in favour of respondent Nos.4 to 6 and the same was registered vide document No.20039 of 2021 dated 20.07.2021. Thereafter, the respondent Nos.4 to 6 failed to complete construction on the subject property and even after lapse of 23 months, respondent Nos.4 to 6 did not complete the construction. Aggrieved by same, petitioners on 12.06.2023 issued legal notice to respondent Nos.4 to 6, seeking cancellation of the Development Agreement cum GPA dated 20.07.2021. However, on 15.06.2023, the parties entered into memorandum of understanding, wherein respondent Nos.4 to 6 agreed to complete the pending construction over the subject property within 45 days, failing which respondents agreed to cancel the Development Agreement cum GPA dated 20.07.2021.

3. Learned counsel for the petitioners would submit that respondent Nos.4 to 6 failed to complete construction in the prescribed period, hence the petitioners filed O.S No.852 of 2023 and the same is pending on the file of III Additional Junior Civil Judge, Hanamkonda (herein after referred as “the Trial Court’). It is further submitted that the respondent Nos.4 to 6 are trying to alienate the flats constructed over the subject property, thus, the petitioners on 09.12.2024 issued legal notice and requested respondent authorities not to entertain any registration in respect of the subject property covered under registered Development Agreement cum GPA dated 20.07.2021. Thereafter, respondent No.3 issued letter bearing LR.No.980/RO,Wgl/2024, dated 11.12.2024, stating that “..this authority has no power to stop registration basing on the application or Legal notice, unless copy of orders of injunction or attachment orders received from Hon’ble Court.” Aggrieved by the same, present writ petition is filed.

4. Learned counsel for the petitioners submitted that inspite of the issuing legal notice dated 09.12.2024 and pending O.S No.852 of 2023, the respondent authorities are registering the documents in respect of the subject property, hence, pray this Court to direct the registering authority not to entertain any registration in respect of the subject property covered under registered Development Agreement cum GPA dated 20.07.2021.

5. Learned Assistant Government Pleader for Stamps and Registration has drawn attention of this Court to the circular memo dated 10.03.2010, issued by the Commissioner and Inspector General of Registration and Stamps, Hyderabad, wherein certain instructions were issued and the relevant portion of the same is extracted hereunder:-

“Instances have come to the notic