Registration Act - This Writ Petition is filed for a Mandamus to declare the proceedings in Draft Memo No.G2/19134/2011, dated 01-12-2011, issued by respondent No.1 whereby he has directed respondent No.2 to instruct the concerned Sub-Registrars to follow the interim injunction orders in Contempt Petition No.1205 of 2010 passed by the Madras High Court, as illegal and arbitrary - Unless a Court of competent jurisdiction has granted injunction against alienation of the properties in respect of which documents are sought to be registered by the petitioners, respondent No.3 cannot refuse registration of the same. Respondent No.3 is, therefore, directed to receive and register the documents that may be presented by the petitioners, subject to the latter complying with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899, unless there is an order of injunction against alienation of the properties in question by a Court of competent jurisdiction. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.4620 of 2013, filed by the petitioners for interim relief, is disposed of as infructuous.

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.3714 of 2013

Date:07.02.2013

Between:

Veginaty Osura Reddy and another                                                                 

... Petitioners

And

Commissioner and Inspector General of

Registration and Stamps,

Govt. of A.P., Registration Bhavan

M.J. Market, Hyderabad and two others                  

... Respondents

Counsel for the Petitioner           :  Sri Vedula Srinivas

Counsel for the Respondents       : AGP for Revenue

The Court made the following:
Order:

          This Writ Petition is filed for a Mandamus to declare the proceedings in Draft Memo No.G2/19134/2011, dated 01-12-2011, issued by respondent No.1 whereby he has directed respondent No.2 to instruct the concerned Sub-Registrars to follow the interim injunction orders in Contempt Petition No.1205 of 2010 passed by the Madras High Court, as illegal and arbitrary.  The petitioners sought for a consequential direction to respondent No.3 to receive and register the documents that may be presented by them for registration in respect of the properties situated in Sy.Nos. 677, 682 and 678/1 of Gurajala Revenue Village, Narsaraopeta, Guntur District.  

The petitioners claim to have purchased the abovementioned lands from the American Baptist Foreign Mission Society (ABFMS).  The petitioners pleaded that they developed the said lands into plots and sold some of them under registered sale deeds.  The grievance of the petitioners is that when they intended to sell the remaining plots also, respondent No.3 is not entertaining and registering the documents sought to be presented by them basing on the impugned proceedings of respondent No.1, dated 01-12-2011.       

          Unless a Court of competent jurisdiction has granted injunction against alienation of the properties in respect of which documents are sought to be registered by the petitioners, respondent No.3 cannot refuse registration of the same.  Respondent No.3 is, therefore, directed to receive and register the documents that may be presented by the petitioners, subject to the latter complying with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899, unless there is an order of injunction against alienation of the properties in question by a Court of competent jurisdiction. 

          Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.4620 of 2013, filed by the petitioners for interim relief, is disposed of as infructuous.

  ________________________

                                       C.V.NAGARJUNA REDDY, J

Dt: 07-02-2013

SKA/LUR