T RADHA BAI Vs. DISTRICT REGISTRAR MEDAK

JUDGEMENT

(1.) The petitioners in W.P.No. 11119 of 2008, who are said to be the absolute owners and possessors of 940 square yards of land in premises bearing No.6-4-110/B of Siddipet, entered into a development agreement with the petitioner in W.P.No.l 1203 of 2008, which is a construction company, for construction of a residential complex. After construction, the petitioners presented sale deeds dated 18.07.2007 before the Sub-Registrar, 2nd respondent herein for registration. He refused to register the documents through his endorsement, dated 10.12.2007, on the ground that the Revenue Divisional Officer and the Tahsildar, Siddipet, respondents 3 and 4 herein have addressed letters to the effect that the land over which the building was constructed belongs to Government. The petitioners carried the matter in appeal before the 1st respondent. The appeal was rejected through order, dated 22.01.2008. The same is challenged in these writ petitions.

(2.) The petitioners urge that the building was constructed over a place, where a residential house is existing since 1967 and that at no point of time, respondents 3 and 4 have taken steps against the owner thereof. The attention of the Court is drawn to an order passed in W.P.No.1402 of 2007 filed by the petitioners in W.P.No.11119 of 2008.

(3.) On behalf of the respondents, a counter affidavit is filed. It is stated that the verification of the revenue records discloses that the land, where the building was constructed is owned by the Government and in view of Sec. 22-A(1)(b) of the Registration Act (for short 'the Act'), the transfer of such lands is prohibited.