MIRYALA SRILATHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

(2.) This Writ Petition is filed seeking Mandamus declaring the action of the respondents i.e., the Registering authorities in refusing to receive and register the Sale/Gift/Mortgage/Release/Conveyance Deed presented by the petitioner in respect of House Plot No.51 admeasuring 222.22 sq. yards in Sy.No.44/5/A, Maqtha Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District, on the ground that the survey number where the petitioner's property is situated is notified as prohibited property under Section 22-A of Registration Act, vide Gazette Notification dated 26.09.2013, is illegal, arbitrary, in violation of Articles 14, 21 and 300-A of the Constitution of India, and also in violation of the Registration Act, 1908, besides in violation of the principles of natural justice, and consequently, direct the respondent Registering authorities to receive and register the Sale/Gift/Mortgage/Release/Conveyance Deed presented by the petitioner in respect of House Plot No.51 admeasuring 222.22 sq. yards in Sy.No.44/5/A, Maqtha Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District.

(3.) The issue of inclusion of properties in the prohibited list under Section 22-A of the Registration Act, 1908 (for short, 'the Act') was considered by the Full Bench of this Court in VINJAMURI RAJAGOPALA CHARY v. STATE OF ANDHRA PRADESH, 2015 3 ALT 96 giving several directions. Insofar as this Writ Petition is concerned, paragraph No.25.3 of the said judgment is relevant whereunder the District Collector is vested power to notify the District Registrar/Registering Authority that the subject properties are Government properties and no deed of conveyance can be entertained.