THE HONOURABLE THE ACTING CHIEF JUSTICE
M.S. RAMACHANDRA RAO
AND
THE HONOURABLE SRI JUSTICE T. VINOD KUMAR
Writ Appeal No.426 of 2021
JUDGMENT: (Per Hon'ble The Acting Chief Justice M.S.Ramachandra Rao)
This Writ Appeal is filed challenging the order dt.12.04.2021
passed in Writ Petition No.9213 of 2021 of the learned single Judge
dismissing the Writ Petition filed by petitioner to remove the subject
land from a Prohibitory List of Immovable properties maintained in the
Office of the Sub-Registrar (respondent nos.3 and 4 herein) which is
filed as Annexure - XII.
2. Admittedly, the subject property had been attached before judgment vide order dt.29.03.2018 passed in Interlocutory Application No.258 of 2018 in Original Suit No.16 of 2018 invoking power under Order XXXVII Rule 5 of Civil Procedure Code, 1908 on the file of I Additional District and Sessions Judge, Nizamabad.
3. The counsel for appellant contends that respondent nos.3 and 4 could not have put this property in the Prohibitory Properties Register which is maintained under Section 22-A of the Indian Registration Act, 1908, and that they could otherwise note it down in a different Register.
4. Annexure - XII, filed along with the Writ Appeal, mentions the subject property and specifically states that the entry in Prohibitory Register is because of a Court order passed in O.S.No.16 of 2018.
HACJ & TVK,J
::2:: wa_426_2021
Probably, to number not to register the property when there is a Court Order of attachment, because the Registering Authority would then be subject to contempt proceedings, the said Entry has been recorded in the said Register.
5. The learned Government Pleader for Revenue, appearing for respondent, states that the moment the Court attachment is raised the respondent nos.3 and 4 will remove the subject property from the Prohibitory Properties Register.
6. In view of this assurance given by respondent nos.3 and 4, we dispose of the Writ Appeal directing the registering authorities, i.e., respondent nos.3 and 4, to delete the subject property from the Prohibitory Properties Register maintained by them in the event the Court attachment order referred to above is vacated, modified or annulled.
7. Accordingly, the Writ Appeal is disposed is with the above directions. No costs.
8. As a sequel, miscellaneous petitions pending if any in this Appeal, shall stand closed.
________________________________ M.S.RAMACHANDRA RAO, HACJ _______________________ T.VINOD KUMAR, J Date: 06.09.2021 Ndr