Sri Venigalla Sambasiva Rao vs The State Of Telangana
2021 Latest Caselaw 2540 Tel

      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