Indian Bank, v. The Joint Sub Registrar-I

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19102 of 2015 BETWEEN Indian Bank.

... PETITIONER AND The Joint Sub-Registrar-I, Registration and Stamps Department, RR District, Balanagar, Hyderabad and others. ...RESPONDENTS Counsel for the Petitioner: MR. AMBADIPUDI SATYANARAYANA Counsel for the Respondents: GP FOR REVENUE (TG) GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT The Court made the following:

ORDER:

Petitioner bank seeks to question the letter issued to a private person by the Sub-Registar-I, Ranga Reddy District as early as dated 20.12.2012 under the Right to Information Act informing him that Sy.No.54 of Khanamet village, Serilingampally Mandal, Ranga Reddy District is notified as Promaboke land and as such, registration relating such land will be not be entertained.

2. Apparently, petitioner bank has advanced loan on the basis of security of the lands in the said survey number and they have also recalled the loan by exercising the provisions under the Securitization and Reconstruction of Financial Assest and Enforcement of Security Interest Act and they have put the said property for sale through auction. At that stage, because a purchaser filed WP.No.40909 of 2014 seeking refund of the auction amount on the ground that the said land is a Government land, the petitioner bank has filed the present writ petition questioning the aforeaid letter dated 20.12.2012.

3. Evidently, the petitioner bank has not presented any document before the registering authority and neither there is refusal to entertain nor any refusal order is passed so as to construe as a cause of action for the petitioner bank for the present writ petition. Merely on hypothesis, therefore, the writ petition cannot be entertained. It is open for the petitioner bank to present the document, which they seek to get registered and if the registering authority refuses registration thereof, they can avail appropriate remeidy.

Subject to the above, the writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J June 29, 2015 DSK