HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION No.27884 of 2023
ORDER:
Heard Sri G.Thirupathi Reddy, learned counsel for the petitioners, as well as Ms B.Haritha, learned Assistant Government Pleader for Stamps and Registration, who is representing respondent Nos.1 to 4.
2. This Writ Petition is filed seeking the Court to an order in the nature of writ of Mandamus declaring the inaction of respondent Nos.3 and 4 in deleting Flat Nos.G-1, G-3, G-4, 202, 203 and 204 which are present in the premises bearing Nos.8-3-231/71/72, 92 and 93, admeasuring 400 square yards, located at Sri Krishna Nagar, Yousufguda, Hyderabad, from the Prohibitory list as illegal and arbitrary.
3. Arguing in respect of the merits of the case, learned counsel for the petitioners states that basing on the information furnished that a civil suit is pending, the District Registrar, Hyderabad South, Hyderabad i.e., respondent No.3 had placed the subject property in the prohibitory list. Learned counsel states that the suit vide O.S.No.440 of 2010 was disposed of by the Court of II Additional Chief Judge, 2 Dr. CSL, J W.P.No.27884 of 2023 City Civil Court, Hyderabad, dated 22.11.2010 and thus, keeping the subject property in the prohibitory list any longer is unlawful. Learned counsel also states that despite the representation of the petitioners, dated 12.6.2023, no steps are taken by respondent No.3 and therefore, the present Writ Petition is filed
4. Learned Assistant Government Pleader for Stamps and Registration seeks the Court to dispose of the Writ Petition on merits.
5. A perusal of the judgment in the suit vide O.S.No.440 of 2010 by the Court of II Additional Chief Judge, City Civil Court, Hyderabad, dated 22.11.2010, reveals cancellation of an Agreement of Sale-cum-General Power of Attorney and granting of perpetual injunction with regard to the possession and enjoyment of the subject property by the plaintiffs to the suit. No order of injunction is found with regard to alienations or conveyances. Therefore, this Court considers it desirable to dispose of this Writ Petition directing the District Registrar i.e., respondent No.3 to verify and to proceed with.
6. Resultantly, this Writ Petition is disposed of with the following direction:-
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Dr. CSL, J W.P.No.27884 of 2023 Respondent No.3-District Registrar, Hyderabad South, Hyderabad, is directed to verify whether there is any order either directing the Registering Authority to keep the subject property in the prohibitory list or injuncting any parties from executing any deeds of conveyance and in case, no order to that effect is found, to delete the subject property from the prohibitory list with immediate effect. Respondent No.3-District Registrar, Hyderabad South, Hyderabad to verify and to pass appropriate orders, as indicated above, within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
7. Miscellaneous petitions pending, if any, shall stand closed.
_______________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 06.10.2023 dr