VALLABHANENI SUBBA RAO Vs. COLLECTOR HYDERABAD DIST

JUDGEMENT

(1.) In this writ petition, the petitioners question the legality of the endorsement dated 4-8-1998 issued by the third respondent herein informing them that the Collector, Hyderabad District, the first respondent herein by his proceedings dated 22-10-1997directed not to register any lands in Sy.No. 129/67of Banjara Hills. The said endorsement was issued by the third respondent in reply to the representation dated 3-8-1998 made by the petitioners requesting the third respondent to inform them whether they can go ahead with the purchase of stamps for registration of sale deed in favour of Messrs Reliance Builders.

(2.) It is the case of the petitioners that they purchased Ac. 1-40 cents of landin old Sy.No. 129/67 in Banjara Hills from one Koteswara Rao under a registered sale deed dated 30-9-1969, that their vendor Koteswara Rao purchased a total extent of Ac. 5.29 cents in the said survey number including the extent of Ac. 1.40 cents sold to the petitioners herein under a registered sale deed dated 23-12-1965, that ever since the land has been in possession and enjoyment of the petitioners and their predecessor in interest, that the petitioners entered into an agreement of sale with Messrs Reliance Builders on 6-4-1996 agreeing to sell 550 square yards out of the said land and when they approached the third respondent with a view to get a proper sale deed executed and registered pursuant to the said agreement, the third respondent refused to entertain any sale deed for registration and issued the impugned endorsement dated 4-8-1998. Hence the petitioners have filed thepresent writ petition questioning the refusal of the third respondent to register the sale deed and also questioning the authority of the first respondent to issue any direction to the registering authority not to register any sale deed in respect of the said survey number,

(3.) It is the stand of the respondents as reflected in the counter-affidavitfiled on their behalf that the land in Sy.No. 129/67 is property belonging to an evacuee which vested in the Government as per Gazette Notification No. 26/51, dated 22-5-1951, that the petitioners have no valid title to the land in question and the documents relied on by the petitioners are spurious and concocted documents which do not create any valid title in their favour. It is further stated that the vendor of the petitioners who has no valid title has been selling away the valuable Government land under the guise of spurious and concocted documents and several innocent citizens are falling prey to his machinations and hence to avoid such illegal transactions and multiple sales over the said Government land, the Collector, Hyderabad District, the first respondent herein has addressed the District Registrar, the second respondent herein who in turn addressed the Sub-Registrar, the third respondent herein not to register any part of the land in Sy.No. 129/67 to protect the Government properties.