Ms.Tirunagari Nikitha v. The State Of Telangana And 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE SECOND DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: '12537 OF 2021 Between:

Ms.Tirunagari Nikitha, Wo. Tirunagari Khagender, aged bout 29 years, Occupation Pvt. Employee, F/o H.No.10-1-96111E1501 , Flat No.501 , Sri Satya Sai Enclave, beside SBl, Karmanghat, Hyderabad, Rep. by GPA Holder Mr. Tirunagari Khagender. ,..PETITIONER AND

1. The State of Telangana, Rep by Prl. Secretary, (Department of Stamps and Registrations) Secretariate Building, Hyderabad.

2. The District Registrar, Ranga Reddy District.

3. The Sub- Registrar, L,B.Nagar, Hyderabad.

,..RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a writ of order or direction more particularly on in the nature of writ of Mandamus directing the Respondent No.3 to receive and the register the document of sale deed from the Petitioner and register the same pending disposal of the above writ petition.

Counsel for the Petitioner: SRl. V. SARAF SUDHAKAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER

-2HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12537 of 2O2L ORDER:

Heard learned counsel lor the petitioner and learned Government pleader for Revenue.

2.

This writ petition is filed praying to grant the following relief "...to issue a writ of order or direction more particularly one in the nature of writ of Mandarnus directing the Respondent No.3 to receive and register the document of sale deed from the petitioner and register the same pendrng disposal of the above writ petition and pass such other order or orders may deem flt and proper in the circumstances of the case."

3.

According to petitioner, she purchased. 223.24 square meters of land in plot No.77 having plinth area of 1450 square feet with RCC roof in survey No.87 of Almasguda Village in Ranga Reddy District falling under Badangpet Nagara Panchayath vide registered sale deed dated 06.04.2017. Petitioner intends to sell the said property. Petitioner alleges that when she presented the document for registration, Sub-Registrar refused to receive the document. On further enquiry, petitioner was informed that order of status-quo was passed on 19.12.2016 by the Court of XIV Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar in O.S.No.1358 of 2016 and therefore, the deeds of conveyance cannot be accepted. Challenging the same, this writ petition is fi1ed.

4.

Learned counsel for petitioner asserts that order of the trial Court is inter parties and that petitioner is no way concerned with the said suit. Therefore, Sub-Registrar decision not to entertain

-)- the document by referring to status-quo order of the trial Court is ex-facie tllegal.

5.

Status-quo order dated 1,9.12.2016 is enclosed as Ex.P.3. From the cause title of the suit pending in the trial Court, it is seen that Sri Bandla Anjaneyrrlu S/o.Ramulu is arrayed as 107m respondent in I.A.No.1014 of 2016. The petitioner purchased the property from Bandla Anjaney.ulu by way of registered sale deed dated 06.04.2017. From the dates noted above, it is seen that petitioner purchased the very same property which is the subject matter of pending suit, after the order of status-quo was passed by the trial Court. Since her purchase was made subsequently, the question of petitioner being made party to the injunction application, wherein order was granted on 19.12.2016 did not arise. Pending lis, the purchase was made contrary to the directions of the trial Court.

Having regard to the status-quo order granted by the trial Court, I do not see any error in the Registering Authorlty not entertaining the deeds of conveyance. I do not see merit in the writ petition and accordingly, same is dismissed. Pending miscellaneous petitions, if any, shall stand closed. SD/- I.

1. One CC to Sri V. Saraf Sudhakar, Advocate IOPUC] Z. iwo CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

3. Two CD CoPies CHR \

d HIGH COURT DATED:0210612021 IA s oo 14 iUN 20?t z

ORDER

* Ts :.Tc D, W.P.No.12537 ot 2021 DISMISSING THE WRIT PETITION WITHOUT COSTS \o