Mr. N. Manohar vs State Of Telangana,
2023 Latest Caselaw 2947 Tel

     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,

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:-

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