R. PRASAD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The case of the petitioners in this Writ Petition is that their vendor was the owner of land total admeasuring Ac.4-32 guntas in Sy.No.103/29 of Shamshabad village and out of the said land their vendor sold the subject land i.e. Ac.0-20 guntas on 11.5.1988 and since then the petitioners are in possession of the same. The petitioners have executed an agreement of sale-cum-GPA (with possession) in favour of one S.Ramarao, who is the deponent to the affidavit herein. Now he intends to sell part of the land to third parties. Accordingly on 07.02.2020 he approached the third respondent and submitted sale deed after complying with all the formalities. However, instead of registering the same, the third respondent kept pending the said document vide Pending Document P/107/2020 and did not register the document on the pretext that a notification dated 26.9.2013 was issued by the District Collector Ranga Reddy District including the subject land in prohibitory list.

(2.) Heard both sides.

(3.) The learned counsel for the petitioner would inform this court that the aforesaid Notification dated 26.09.2013 was considered by the common High Court for the States of Telangana and Andhra Pradesh earlier in Writ Petition No.19069 of 2014 and the common High Court directed entertainment of the document for registration in that case without reference to the said Notification. He would also point out that similar were the observations of another learned single Judge of the common High Court for the States of Telangana and Andhra Pradesh in Writ Petition No.38491 of 2018. Perusal of the Notification dated 26.09.2013 would demonstrate that the District Collector, Ranga Reddy District, purported to issue the said Notification notifying lands under Section 22-A(1)(a) of the Registration Act, 1908 (for brevity, 'the Act of 1908') and invited objections and suggestions from the affected people.