Gangula Manikya Reddy, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Dated:17.04.2018 Between:

Gangula Manikya Reddy, S/o.Malla Reddy, R/o.Wadakatpalli, Patancheru Mandal, Medak District and others.

... Petitioners And State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad and others.

... Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioners claim to be the owners of land to an extent of Acres 18.04 guntas in Survey No.157/1, Beyatool Village, Kandi Mandal, Sanga Reddy District. Petitioners now intend to dispose of this property. When the petitioners approached the Sub-Registrar for Registration of deed of conveyance, petitioners were informed that the Tahsildar, Kandi, vide his letter dated 10.11.2016 addressed to the Revenue Divisional Officer, informed to include this piece of land also in the list of prohibited properties and included in the annexures enclosed to the said letter.

By referring to this correspondence, the registering authorities are not accepting any transactions and not disclosing the market value of the property.

2.

With regard to this assertion of the learned counsel for the petitioner, learned Government Pleader was directed to obtain instructions. Learned Government Pleader submits that there is no notification issued under Section 22A of the Indian Registration Act and the correspondence referred to by the petitioners is internal correspondence and no further steps are taken. As held by the full bench of this Court in Vinjamuri Rajagopala Chary v.

State of Andhra

Pradesh1, unless notification is issued by competent authority including the land in the list of prohibited properties, the Registering Authorities cannot refuse to register the document. At any rate, they cannot refuse to receive document for processing.

3.

Therefore, the petitioners are directed to file an application before the Sub-Registrar, Sangareddy, (4th respondent) to furnish market value of the property. On furnishing the market value of the property, petitioners shall present deed of conveyance along with the stamp duty payable for the same. On presentation of the document for registration of deed of conveyance with sufficient stamp duty paid, the Sub-Registrar shall process the document in accordance with the Indian Registration Act and the Rules made there under.

3.

With the consent of the learned counsel for the petitioners and the learned Government Pleader, this writ petition is disposed of with the above directions. 4.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. No order as to costs.

___________________ P.NAVEEN RAO, J 17.04.2018 SS 1 2016 (1) ALT 550 (FB)

THE HON'BLE SRI JUSTICE P. NAVEEN RAO 17th APRIL, 2018 SS