Chippa Staya Prasad v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14586 OF 2019 Date:20.08.2019 Between:

Chippa Satya Prasad, S/o. Late Ranganayaklu, Aged about 50 years, Busienss and Agriculture, R/o.H.No.1-97/B, Ahsok Nagar Colony, Grampanchayathi, Laxmidevipalli Mandal, Bhadradri-Kothagudem District .. Petitioner And The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and another .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14586 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

2.

Petitioner claims that he is the owner of Ac.0.18 guntas of land in Survey No.180/AA of Kothagudem Revenue Village, Bhadradri Kothagudem District, having purchased the same through registered sale deed dated 17.07.2009. Petitioner instituted O.S.No.102 of 2019 in the Court of Additional Senior Civil Judge, Kothagudem, challenging the gift settlement deed. The Vacation Civil Court/I Additional District Judge, Khammam, granted status quo order in I.A.No.42 of 2019 in O.S.No.6 of 2019 and on being transferred to the regular Court, it was renumbered as O.S.No.102 of 2019 and I.A.No.156 of 2019 and the said order is continuing. Enclosing a copy of the injunction order, petitioner submitted a representation to the Sub-Registrar, Kothagudem, on 22.05.2019. However, petitioner now apprehends that the Sub-Registrar would accept the document sought to be presented and in such an event grave prejudice would be caused to him. 3.

The prayer is in the form of a pre-emptive litigation. Apparently, no document is presented for registration. Further petitioner has already approached the Sub-Registrar vide his representation dated 22.05.2019 enclosing copy of the status quo order granted by the trial Court imposing restraint on alienation of the suit schedule property. That being so, there is no cause for the petitioner to apprehend that the Sub-Registrar would entertain

registration of the document in violation of the injunction order granted by the trial Court. The Commissioner, Stamps and Registration, has already issued instructions directing the Sub-Registrars not to register a document whenever an injunction order is granted by the Court.

4.

The Writ Petition is accordingly disposed of. Miscellaneous petitions, if any, shall stand closed.

_____________________ P. NAVEEN RAO, J Date:20.08.2019 KH