V. Nirupama Reddy vs Gaddam Raju Goud
2023 Latest Caselaw 922 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI


                    WRIT APPEAL No.99 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


       Heard Mr. Peri Prabhakar, learned counsel for the

appellants and Ms. Ayesha Saba, learned counsel for

respondent No.1.

2. Appellants are aggrieved by the order dated

14.12.2022 passed by the learned Single Judge disposing

of W.P.No.44719 of 2022 filed by respondent No.1 as the

writ petitioner.

3. Respondent No.1 had filed the related writ petition

seeking a direction to the Tahsildar - cum - Sub Registrar,

Shamshabad Mandal, Ranga Reddy District, to include the

land in Schedule Part (A) of Survey Nos.33, 33(1), 33(2),

22(3), 35, 36, 43, 45, 45/A/A, 45(A1/1), 45(A1/2),

45/(A1/3), 45/A/2 area admeasuring Acs.71.07 guntas,

Schedule Part (B) property land in Survey Nos.49,

49/AS/2, 49(A/2), 49(A/3), 49/A/1, 49/AA/1 area

admeasuring Acs.15.03 guntas total admeasuring

Acs.86.10 guntas situated at Raikunta Village, Golkonda

Kalan, Shamshabad Mandal, Ranga Reddy (hereinafter

referred to as, 'the subject land'), under the caption

"litigation" and not to allow any registration of document

for alienation of the subject land.

4. It was pointed out on behalf of respondent No.1

before the learned Single Judge that there is an agreement

of sale between respondent No.1 and respondent No.6 for

sale of the subject land. However, for failure of respondent

No.6 in executing the sale deed, respondent No.1 filed

O.S.No.264 of 2022 on the file of learned II Additional

District and Sessions Judge, Ranga Reddy District, seeking

specific performance of agreement of sale. Along with the

suit, an application seeking injunction was also filed, being

I.A.No.472 of 2022. Civil court passed an order on

28.04.2022 in the said interlocutory application restraining

respondent No.6 from alienating or creating any third party

interest over the subject land.

5. Respondent No.1 had submitted a representation

dated 31.10.2022 before the Tahsildar - cum - Sub

Registrar, Shamshabad Mandal, Ranga Reddy District, not

to register any document for alienation of the subject land.

With the grievance that the said representation was not

being acted upon, the related writ petition came to be filed.

6. Learned Assistant Government Pleader for Revenue,

on instructions, had submitted before the learned Single

Judge that Tahsildar - cum - Sub Registrar, Shamshabad

Mandal, would consider the representation of respondent

No.1 in accordance with law.

7. In view of the above, learned Single Judge vide the

order dated 14.12.2022 disposed of the writ petition by

directing the Tahsildar - cum - Sub Registrar,

Shamshabad Mandal, Ranga Reddy District, to consider

the aforesaid representation dated 31.10.2022 submitted

by respondent No.1.

8. Learned counsel for the appellants submits that

respondent No.6 has no title over the subject land.

Therefore, respondent No.6 could not have entered into any

agreement of sale or execute any sale deed in favour of

respondent No.1. On the other hand, it is the appellants

who have the right, title and interest over the subject land.

Any order passed by the Tahsildar - cum - Sub Registrar

on the representation of respondent No.1 pursuant to the

direction of the learned Single Judge may adversely affect

the interest of the appellants.

9. Learned counsel for respondent No.1 submits that

order passed by the learned Single Judge is a reasonable

one which cannot be construed to be adverse to the

appellants or to any party. Therefore, no interference is

called for.

10. After hearing learned counsel for the parties and on

due consideration, we are of the view that it would be just

and appropriate if the Tahsildar - cum - Sub Registrar,

Shamshabad Mandal, Ranga Reddy District, while

considering the representation of respondent No.1 dated

31.10.2022 also considers the objections that may be

raised by the appellants before passing any order. We,

therefore, grant leave to the appellants to submit their

objections before the Tahsildar - cum - Sub Registrar,

Shamshabad Mandal, Ranga Reddy District, within a

period of ten days from today, whereafter the Tahsildar -

cum - Sub Registrar, Shamshabad Mandal, Ranga Reddy

District, shall hear the appellants, respondent No.1 and

any other interested party and pass necessary order(s) in

accordance with law.

11. This disposes of the writ appeal.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ N. TUKARAMJI, J 23.02.2023 vs