NAUSHAD ALI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners are aggrieved by the Proceedings dtd. 26/6/2021 passed in Appeal No.2422 of 2021 by respondent No.3 and order Nos.3 and 4 of 2021 dtd. 20/3/2021 passed by respondent No.4. Further consequential prayer was sought to direct the respondents No.3 and 4 to receive and register the sale deeds presented by the petitioners in respect of the flats constructed in house property bearing Nos.6-l-286 and 6/1/286/A admeasuring 2200 square yards situated at Walker Town, Padmarao Nagar, Secunderabad (hereinafter referred to as 'the subject property').

(2.) It is the case of the petitioners that they are the absolute owners and possessors of the subject property having purchased the same from its original owners under a registered sale deed bearing document No.867 and 868 of 2017, dtd. 19/11/2014. Their further case is that they have executed a Development Agreement dtd. 11/9/2019 in favour of M/s. Vijetha Constructions. In pursuance to the said Development Agreement, GHMC granted permission on 8/8/2019 for construction of residential apartments consisting of One Cellar + Stilt + Five upper floors situated at Walker Town, Padmarao Nagar, Secunderabad vide Permit No.1/C30/12231/ 2019 dtd. 8/8/2019. Accordingly, the developer had constructed residential flats as per the sanctioned plan.

(3.) While so, one Smt. Devika and three others have filed a suit in O.S. No.203 of 2019 on the file of the I Additional Chief Judge, City Civil Courts, Hyderabad against the petitioners for declaration of title and recovery of possession however, no interim orders were passed in the said suit. Thereafter, the petitioners have sold all the flats to the respective purchasers and when the petitioners wanted to execute the sale deeds in favour of the respective purchasers, the Registering authorities i.e., respondents No.3 and 4, have refused to receive and register the sale deeds stating that the civil suit in O.S. No.203 of 2019 on the file of the I Additional Chief Judge, City Civil Courts, Hyderabad is pending. It is further submitted that except the said suit, no suits are pending and there is no direction from any Court of law directing not to receive and admit the sale deeds. Questioning the action of the Registering authorities, the petitioners filed the present writ petition.