IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD.

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THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR WRIT PETITION No.13592 of 2015 Date of Order : 27-01-2026 Between :

G.K. Constructions Company …. Petitioner And

1. The State of Telangana, Department of Stamps and Registration & three others .… Respondents.

ORDER

Heard Sri Gaddam Srinivas, learned counsel for the petitioner and Ms.T.Swetcha, leaned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 3.

2. The Writ Petition is filed assailing the orders of the respondent No.3 in refusing registration of sale deed vide intimation No.115/2015 dated 24.02.2015 as confirmed by respondent No.2 in Appeal under Section 75 of the Registration Act, 1908 (for short ‘the Act’) vide proceedings No.1150/E/Sec.72/2015 dated 16.04.2015, as illegal, arbitrary and contrary to the provisions of the Act, with a consequential relief to set aside the same and direct the respondent No.3 to register the sale deed dated 05.11.2014 submitted by the petitioner.

3. It is the case of the petitioner that respondent No.4 is the absolute owner and possessor of Plot Nos.268, 270 and 271 admeasuring 700 sq. yards in Sy.No.13 and 14 situated at Valluvar Nagar, Ammuguda Village, Hastinapuri Society, Kapra Circle of GHMC, Malkajigiri Mandal, Ranga Reddy District having purchased the same from K.Balraj and others vide sale deed bearing Doc.No.1390/2025 dated 26.02.2005 of Sub-Registrar, Malkajgiri, Ranga Reddy District, and ever since the purchase, the respondent No.4 is in possession and enjoyment of the subject property.

4. The respondent No.4 offered to sell the subject property for Rs.52,52,000/- and the petitioner agreed to purchase the same for the said consideration and accordingly paid the entire sale consideration to respondent No.4 and sale deed was executed on

05.11.2014 acknowledging the receipt of consideration.

5. The petitioner presented the sale deed before the respondent No.3 for registration, but respondent No.3 having received the sale deed, kept the same as pending document No.237/2014, and on 24.02.2015 the respondent No.3 refused to register the sale deed vide Intimation No.115/2015 on the ground that there is an order of injunction passed in A.S.M.P.No.1761 of 2017 in A.S.No.457 of 2007 prohibiting alienation of the land situated in Sy.Nos.13 and 14 of Ammuguda village, Malkajgiri Mandal, Ranga Reddy District.

6. The petitioner and respondent No.4 got verified the order of injunction with alienation in A.S.M.P.No.1761 of 2007 in A.S.No.457 of 2007, which revealed that one Smt.Kamala Bai and others, legal representatives of one R.Mathu Swamy, i.e. agreement holders of vendors of petitioner, filed O.S.No.16 of 1998 on the file of II Additional District Judge, Ranga Reddy District for declaration that the compromise decree in A.S.No.49 of 1996 dated 17.11.1997 on the file of the Principal District Judge, Ranga Reddy District with regard to the subject property is not binding and for other reliefs. The said suit came to be dismissed on 23.02.2006, against which A.S.No.457 of 2007 was filed, in which vide order dated 05.12.2009 passed in A.S.M.P.No.1761 of 2007 an interim order was passed restraining the vendors of the petitioner from alienating the land to an extent of Ac.20.00 in Sy.Nos.13 and 14 situated at Ammuguda and not to alter the nature of the said land pursuant to the judgment and decree dated 23.02.2006 made in O.S.No.16 of 1996 on the file of the II Additional District Judge, Ranga Reddy, pending further orders in the said application.

7. Learned counsel for the petitioner contended that respondent No.4 was never either a party to the suit or in the Appeal and as such, there was no restraint on him from alienating the schedule property, and the petitioner, in spite of contending the same in the Appeal filed by it respondent No.2, under Section 75 of the Registration Act, without independently examining the facts and the gro