IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 16797 of 2008 Between: 1 M/s. Navayuga Constructions Reg. Office at P. No.23, Vivenkananda Nagar Colony, Kukatpally, rep by its Managing Partner Sri. P. S. Sridhara Reddy S/o Sri P.V. Koteswra Reddy aged 36 years Occ: Business, R/o Plot No. 877, Vivekananda Colony, Kukatpally, Hyderabad. 2 A. Mysaiah S/o late Ramaiah R/o Plot No. 24 and 25, Jayanagar Colony, Kukatpally, Balanagar Mandal, Ranga Reddy District. ..... PETITIONERS AND 1 The District Registrar, Stamps & Registration, Medak District at Sangareddy. 2 The Joint Sub-Registrar-I, Stamps & Registration, Sangareddy, Medak District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ, order or direction more especially one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not registering the sale deeds executed by the petitioners in respect of land in Survey No. 1048, 1054, 1053 1055 and 1054 (Part) of an extent of Ac. 2-34 guntas, Ac. 1-10 gunts, 6000 square Yards, Ac. 1-16 guntas and ac. 0-28 guntas respectively situated at Ameenpur village, Pattanpur Mandal, Medak District as wholly illegal, untenable, arbitrary and contrary to the provisions of the registration Act, 1908 by setting a side the order dt 15-7-2008 made by the 2nd respondent and consequently direct the 2nd respondent to register the documents presented by the petitioners in the above Survey Nos. and pass such other order or orders. Counsel for the Petitioner: MR.P.SRI RAGHU RAM Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: In this writ petition, the petitioner is questioning the action of the 2nd respondent – Joint Sub-Registrar-1, Stamps and Registration, Sanga Reddy refusing to register the sale deeds in respect of the lands in Sy.No.1019, 1020, 1048, 1053, 1054, 1055 and 1112/2 of Narregudem, hamlet of Ameenpur Village of Patancheru Mandal, Medak District vide memo dated 15.7.2008. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for ﬁnal disposal at the admission stage itself. The 1st petitioner herein is a ﬁrm engaged in the business of construction and development of land and the 2nd petitioner claims to be the owner of the land in an extent of Ac.1.16 guntas in Sy.No.1055 and an extent of Ac.0.28 guntas in Sy.No.1054 (part) having purchased the same under registered sale deeds. It is stated that the 1st petitioner entered into a development agreement and general power of attorney dated 1.2.2007 in respect of diﬀerent extents of lands in Sy.Nos.1026/AA to E, 1048/AA to E of Amin Village, Patancheru Mandal. Both the petitioners are stated to have obtained permission from the government for conversion of the said land into non-agricultural lands and thereafter the Aminpur Gram Panchayat has sanctioned a lay out and the lands were divided into residential plots and were sold. The grievance of the petitioners is that when they presented the documents before the 2nd respondent for registration, vide the impugned memo dated 15.7.2008, he intimated them that the said lands fall under court case vide O.S.No.32 of 2008 on the ﬁle of the Additional District Judge, Medak at Sanga Reddy and as such the alienation of the said property is not entertained till status quo is released by the Court. Learned counsel for the petitioners contends that the subject matter of property is nothing to do with the suit in O.S.No.32 of 2008, said to have been ﬁled by a third party and that the Sub-Registrar is also not a party to the said suit and, therefore, the respondents cannot refuse to register the documents presented by them in respect of the subject matter of this writ petition. On instructions, the learned Government Pleader for Revenue conceded that the order passed by the 2nd respondent is not correct and that the subject matter of lands in this writ petition and that of the suit are different. In view of the above submission, the impugned memo is set aside and the Joint Sub-Registrar, the 2 nd respondent herein is directed to receive the documents and register the lands, if they are otherwise in order. The writ petition is accordingly allowed. No costs. N.V.RAMANA,J Dt.27.8.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Registrar, Stamps & Registration, Medak District at Sangareddy. 2 The Joint Sub-Registrar-I, Stamps & Registration, Sangareddy, Medak District. 3 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 4 2CD copies