Smt.D.Devika vs Naushad Ali
2022 Latest Caselaw 4873 Tel

        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

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

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.

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

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