GOUNI SURYA PRAKASH REDDY 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 respondent No.3 i.e., The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District, in refusing to receive and register the Sale Deed presented by the Petitioner in respect of Plot No.129 admeasuring 200 Sq. Yards in Sy.Nos.329/3 and 329/8, Gajularamaram Village, under GHMC Circle, Quthbullapur Mandal, Medchal-Malkajgiri District, on the ground that the survey numbers where the Petitioners property is situated i.e., 329 is notified as prohibited property under Section 22-A of Registration Act, vide Gazette Notification R.R.No.83 communicated by the Joint Collector, Ranga Reddy, vide File No.E5/4730/ Quthbullapur/ Gajularamaram, dated 25.09.2013 and Deputy Collector and Tahsildar, Quthbullapur Mandal, File No.B/583/2012, dated 17.02.2012, 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 respondent No.3 herein to receive and register the Sale Deed presented by the Petitioner in respect of Plot No.129 admeasuring 200 Sq. Yards in Sy.Nos.329/3 and 329/8, Gajularamaram Village, under GHMC Circle, Quthbullapur Mandal, Medchal-Malkajgiri 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.