THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL Nos.626 and 628 of 2022
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
This judgment will dispose of W.A.Nos.626 and 628 of
2022.
2. Heard Mr. S.Ravi, learned Senior Counsel for the
appellants and Mr. Vedula Srinivas, learned Senior
Counsel for respondents No.1 and 2. We have also heard
Mr. Parsa Ananth Nageswara Rao, learned Government Pleader for Revenue representing respondents No.3 to 6.
3. Appellants herein are respondents No.5 to 8 in the related writ petition filed by respondents No.1 and 2 as the writ petitioners. In the writ petition, respondents 1 and 2 had assailed proceedings dated 26.06.2021 of the District Registrar, Hyderabad District and orders dated 20.03.2021 passed by Sub Registrar, Secunderabad. Consequently, direction was sought to the revenue authorities to receive 2 and register the sale deeds presented by the writ petitioners in respect of the flats constructed in house property bearing Nos.6-1-286 and 6-1-286/A admeasuring 2200 square yards situated at Walker Town, Padmarao Nagar, Secunderabad (hereinafter referred to as, 'the subject property').
4. Interlocutory applications were also filed seeking direction to the District Registrar and Sub Registrar to receive and register the documents presented by the writ petitioners in respect of the subject property. By a common order dated 02.09.2022, learned Single Judge disposed of both the interlocutory applications, being I.A.Nos.1 and 3 of 2022 in the following manner:
"Accordingly, there shall be an interim suspension of the impugned orders and consequently, the Sub-Registrar is directed to receive, register and release the subject documents which have been refused vide refusal order Nos.3 and 4 of 2021 dated 20.03.2021 and confirmed by the appellate authority and also any other documents presented by the petitioners in respect of the subject property.
However, it is made clear that any registration of the document shall be subject to the final result of the O.S.No.203 of 2019 and the parties shall not claim any 3 equities in case any adverse orders are passed against them."
5. The two appeals arise out of the two interlocutory applications.
6. Appellants herein were not initially arrayed as respondents in the writ petition. However, on an application filed by them they were arrayed as respondents No.5 to 8 in the writ petition. In the implead application it was specifically pleaded by the appellants that the registered conveyance deed on which the writ petitioners are relying upon is based on fraudulent/fabricated documents which were inserted by tampering the hard disk in the registration department. It was pleaded that this fact was noticed by the registration department based on the investigation conducted by the Assistant Inspector General and a crime was registered before the Nampally Police Station which is pending investigation. Registration department has confirmed that link documents of the writ petitioners are tampered documents which could not be taken into consideration.
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7. In the hearing today, Mr. Parsa Ananth Nageswara Rao, learned Government Pleader has taken us to the order of the appellate authority dated 26.06.2021 passed under Section 72 of the Registration Act, 1908. In the said order, the appellate authority categorically recorded that on perusal of the record it was found that forged copies were inserted by removing original papers of copies of document Nos.3867/1971 and 1525/1978 fraudulently on the midnight of 8th September, 2011. Joint Sub Registrar-I had filed a criminal compliant before the Nampally Police Station on 20.11.2019 whereafter FIR No.265 of 2019 has been registered. It is stated that the above case has since been transferred to the Central Crime Station, Hyderabad, where it has been renumbered as Crime No.168 of 2020 and presently being investigated.
8. If this be the position, we are of the considered opinion that learned Single Judge was not justified in suspending the impugned order which is based on the aforesaid appellate order and further directing the Sub Registrar to receive, register and release the subject 5 documents, that too at an interlocutory stage when the writ petition is yet to be finally adjudicated.
9. Considering the above, we set aside the order dated 02.09.2022 passed by the learned Single Judge in I.A.Nos.1 and 3 of 2022 in W.P.No.8489 of 2022.
10. Writ appeals are accordingly allowed. We make it clear that the observations made by this Court while passing today's order are only in the context of deciding the challenge made to the interlocutory order dated 02.09.2022 and the same will not influence the final adjudication of the related writ petition.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 23.09.2022 vs