HONOURABLE THE ACTING CHIEF JUSTICE
SRI M.S.RAMACHANDRA RAO
AND
HONOURABLE SRI JUSTICE T. VINOD KUMAR
WRIT APPEAL No.449 of 2021
JUDGMENT: (per the Hon'ble the Acting Chief Justice
Sri Justice M.S. Ramachandra Rao).
In this Writ Appeal, the appellant has challenged the order dt.18-
02-2021 in I.A.No.1 of 2021 in W.P.No.3773 of 2021.
2. In the said interim order, the learned Single Judge had directed the
3rd respondent herein not to receive and register any deeds in Sy.Nos.7,
115, 116, 118, 142, 63, 80, 100, 102, 141, 112, 163, 124, 78, 81, 48, 122, 110, 25 and 112 of Hydernagar village, Kukatpally, Hyderabad, pending disposal of the Writ Petition.
3. In the Writ Petition, 1st respondent had mentioned about O.S.No.267 of 1980 and obtaining of a preliminary decree by him on 29-10-1987. It is stated that he submitted a letter to the 3rd respondent on 02-08-2019 requesting him not to register any document in the above survey numbers and he apprehended that certain registrations would take place since 3rd respondent had refused to stop registrations unless a Court order is obtained by the 1st respondent.
4. The learned Single Judge granted interim stay as prayed for, without assigning any reasons and without noticing the extent of claim of the 1st respondent in O.S.No.267 of 1980 i.e. 14/104 share and also the ::2::
large number of survey numbers mentioned in the affidavit and petition filed in W.P.No.3773 of 2021 without even giving extent of land in the said survey numbers in which 1st respondent is interested.
5. It is not open to a private citizen like the 1st respondent to address letter to the 3rd respondent asking him to stop registration in any survey number, and only the State can do so by invoking Section 22-A of the Registration Act, 1908 in certain situations mentioned therein.
6. Nothing prevented the 1st respondent from securing an injunction from the Civil Court restraining alienation of properties in an appropriate civil suit or in the existing civil suits, which are referred to above. Without doing so, he ought not to have invoked the jurisdiction of this Court under Article 226 of the Constitution of India and then secured this order behind the back of the appellant.
7. In this view of the matter, we find that the impugned order cannot be sustained.
8. Accordingly, the Writ Appeal is allowed and the order dt.18-02-2021 in I.A.No.1 of 2021 in W.P.No.3773 of 2021 is set aside. No costs.
9. As a sequel, miscellaneous petitions pending if any, shall stand closed.
_______________________________ M.S.RAMACHANDRA RAO, HACJ ___________________ T.VINOD KUMAR, J Date: 22.09.2021 ::3::
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