P. Venkateswara Rao v. State Of Telangana

THE HON'BLE SRI JUSTICE S.V.BHATT W.P. No.20897 of 2018 ORDER:

The writ prayer reads as follows:

"...........writ of mandamus directing the respondents not to entertain any document in respect of property being an extent of Ac.1.33 gts situate in Sy.No.151/E/2 (old Sy.No.151) of Tokotta Village, Moinabad Mandal, Ranga Reddy District and not to release if any document already registered, pending disposal of O.S.No.327 of 2018 on the file of the Court of learned XXV Additional Chief Judge, City Civil Courts....." The prayer, if considered and accepted, virtually amounts to refraining the authorities under Registration Act from discharging their duty and function. For said purposes, the writ of mandamus is unavailable. Board Standing Order 219 reads as follows:

"An order restraining a person from alienating certain property does not operate as a prohibition to the registering officer against the registration of a document executed by such person affecting such property. (b) If the A.P.High Court or any other Civil Court restrains a person alienating a property and if such orders are brought to the notice of the Registering Officer or served on the Registering Officer, the Registering Officer is estopped from going ahead with the registration" The petitioner, if so, advised can work out the prayer before the Civil Court and if the order of injunction is granted, the same may be brought to the notice of SubRegistrar.

Writ petition is accordingly disposed of. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

_______________ S. V. BHATT, J Dt: 22.06.2018 dv