HON'BLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.39856 OF 2022
ORAL ORDER:
Heard Mr. Ahmed Ehtesham Kawkab, learned counsel for the
petitioner and learned Assistant Government Pleader for Revenue
appearing on behalf of the respondents.
2. According to the petitioner, he had purchased land admeasuring Acs.1-17 guntas in Survey No.27 and Acs.1-05 guntas in Survey No.30, situated at Siddapur Village of Kothur Mandal, the then Mahabubnagar District, from respondent Nos.5 and 6 under an agreement of sale dated 01.03.2006 by paying substantial sale consideration. Since respondent Nos.5 and 6 failed to execute a regular sale deed in favour of the petitioner by receiving balance sale consideration, the petitioner herein had filed a suit vide O.S. No.79 of 2015 on the file of I Additional District Judge, Mahabubnagar against them for specific performance of the said agreement of sale. The said suit was decreed on 27.09.2019. Since respondent Nos.5 and 6 herein failed to execute and register a sale deed within the time period 2 KL,J W.P. No.39856 of 2022 stipulated by the said Court, the petitioner herein had filed an Execution Petition vide E.P. No.16 of 2020.
3. According to the petitioner, while so, respondent Nos.5 and 6 had executed gift deeds in favour of their family members i.e., respondent Nos.7 to 10 and also a sale deed in favour of respondent No.7 in respect of the aforesaid property, all dated 08.01.2021. Therefore, the petitioner had filed another suit vide O.S. No.486 of 2021 to declare the aforesaid gift deeds and sale deed executed by respondent Nos.5 and 6 in favour of respondent Nos.7 to 10 as null and void. The said suit was also decreed on 04.07.2022.
4. Perusal of the record would reveal that on account of creation of new Districts and Judicial Districts, E.P. No.16 of 2020 was transferred to the Court of IX Additional District Judge, Ranga Reddy District and it was renumbered as E.P. No.1530 of 2022. The Court has appointed the Superintendent of the said Court to execute register a sale deed in favour of the petitioner on behalf of the Court in the aforesaid E.P. But, the petitioner herein is not in a position to 3 KL,J W.P. No.39856 of 2022 book a slot in Dharani Portal since the names of respondent Nos.7 to 10 are reflecting in respect of the subject land.
5. As discussed above, despite service of notice on respondent Nos.5 to 10, none appears. The petitioner had filed a writ petition vide W.P. No.2973 of 2021 to declare the action of official respondents in not taking any action on the representation dated 29.01.2021 submitted by the petitioner complaining about non- availability of Module in Dharani Portal to execute and register a sale deed by the Court pursuant to the decree. This Court vide order dated 02.06.2021 in W.P.No.2973 of 2021, directed the Commissioner and Inspector General of Registration and Stamps Department and the District Collector, Ranga Reddy District, to ensure that the grievance of the petitioner is resolved as expeditiously as possible and report compliance of attending to the grievance of the petitioner. Complaining the violation of the said order, the petitioner herein has filed a Contempt Case vide C.C. No.805 of 2021, wherein it was informed that in compliance of the directions of the Court, a provision was made for module/option in 'Dharani' Web Portal and on consideration of the application of the petitioner, appropriate orders 4 KL,J W.P. No.39856 of 2022 are passed. Even then, according to the petitioner, since the names of respondent Nos.7 to 10 are reflected in Dharani Portal in respect of the subject land and, therefore, the petitioner is not in a position to book a slot for the purpose of execution of a register sale deed by the Court pursuant to the judgment and decree in O.S. No.79 of 2015.
6. In view of the above discussion, respondent No.2 - the District Collector, Ranga Reddy District, is directed to delete the names of respondent Nos.7 to 10 from Dharani Portal in respect of the aforesaid lands viz., admeasuring Acs.1-17 guntas in Survey No.27 and Acs.1-05 guntas in Survey No.30, situated at Siddapur Village of Kothur Mandal, the then Mahabubnagar District, on or before 06.12.2022, to enable the Superintendent appointed by the IX Additional District Judge, Ranga Reddy District, to execute a register a sale deed in favour of the petitioner pursuant to the orders passed in E.P. No.1530 of 2022 in respect of the said property.
7. The Writ Petition is accordingly disposed of. However, in the circumstances of the case, there shall be no order as to costs. 5
KL,J W.P. No.39856 of 2022 As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed.
_________________ K. LAKSHMAN, J 1st December, 2022 Note: Furnish C.C. of order by 02.12.2022. (B/O.) Mgr