M.A. Azeem v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27764 OF 2019 Date:13.12.2019 Between:

M.A.Azeem, S/o.Wahab, aged about 48 years, R/o.H.No.1-2-135, Nale Galli, Narayankhed, Sanga Reddy District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue (Registration And Stamps) Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27764 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 2.

Petitioner alleges that he and his brothers are the owners and in possession of house bearing No.1-4-47 admeasuring 142.22 sq. yards near SBH Gold Market, Narayankhed, Sangareddy District. Petitioner is in peaceful possession and enjoyment of two mulgies in the front area, which were let out, and some open space. He apprehends that some third parties are now trying to describe his property as the property belonging to them and to alienate the same to third parties and in such an event, grave prejudice would be caused to the petitioner. Therefore, petitioner made representation on 03.12.2019 to the Sub-Registrar, Narayankhed, Sangareddy District, the 3rd respondent, requesting him not to entertain any document on the property belonging to him. In response to the same, the Sub-Registrar informed the petitioner vide his endorsement dated 04.12.2019 that no document can be stopped from registration on the grounds mentioned in the representation and advised to take appropriate course of action. 3.

Admittedly, two things are to be noticed. Firstly, no document is presented before the registering authority even now. Secondly, the petitioner alleges that some unconcerned persons, without naming them, claimed to be the owners of his

property, but what is the source of information on such allegation is not stated. In other words, what is sought before the Sub-Registrar and in this Writ Petition is an injunction against alienation of property by unknown persons. There cannot be any pre-emptive litigation against registration of a deed of conveyance before the registering authority. Therefore, the prayer sought in the Writ Petition cannot be granted. 4.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to work out his remedies in accordance with law. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO, J Date:13.12.2019 KH