✦ High Court of India · 07 Jul 2025

High Court · 2025

Case Details High Court of India · 07 Jul 2025
Court
High Court of India
Decided
07 Jul 2025
Bench
Not available
Length
1,248 words

Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring action of the Respondents more particularly the Respondent No.3 while refusing to register the Partition Deed Dated 3111212019 presented by the Petitioner in respect of Schedule-A to D properties mentioned therein i.e., Entire Second Floor admeasuring 733 Sft constructed on plot No.202 along with undivirled share of land admeasuring 5 sq.yds out of 155 sq.yds and House on Plot No.202lA, consisting of Ground Floor buitt up area 371 sft and First Floor built up area 477 sft admeasuring 53 sq.yds (Schedule-A Property), Entire First Floor admeasuring 1395 Sft constrrcted on Plot No.2O2 along with undivided share of land admeasuring 50 sq.yds out of 155 sq.yds (Schedule-B property), Entire Cellar Floor admeasuring 1107 Sft constructed on Plot No_202 along with undivided share of land admeasuring 50 sq.yds out of 155 sq.yds (Schedule-C Property) and Entire Ground Floor admeasuring 1395 Sft constructed on Plot No.202 along with undivided share of land admeasuring 50 sq.yds out of 155 sq.yds (Schedule-D Property), Sy.No.74112, situated at Trimurthy Colony, Mahendra Hills, East Marredpally, Secunderabad as illegal, arbitrary and against the provisions of law and consequently direct the Respondent Nos. 2 and 3 to receive and register the Partition Deed Dated 3111212019 presented by the Petitioner pertaining to the above property thereby to release the same in accordance with law. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the Respondent Nos- 2 and 3 to receive and register the Partition Deed Daled 3111212019 presented by the Petitioner in respect of Schedule-A to D Properties mentioned therein i.e., Entire Second Floor admeasuring 733 Sft constructed on Plot No.202 along with undivided share of land admeasuring 5 sq-yds out of 155 sq.yds and House on PIot No.202lA, consisting of Ground Floor built up area 371 sft and First Floor built up area 477 sft admeasuring 53 sq-yds (Schedule-A Property), Entire First Floor admeasuring 1395 Sft constructed on Plot No.202 along with undivided share of land admeasuring 50 sq.yds out of 155 sq.yds (Schedule-B Property), Entire Cellar Floor admeasuring 1 107 Sft constructed on Plot No 202 along with undivided share of land admeasuring 50 sq.yds out of 155 sq.yds (Schedule-C Property) and Entire Ground Floor admeasuring 1395 Sft constructed on Plot No.202 along with undivided share of land admeasuring 50 sq.yds out of '1 55 sq.yds (Schedule-D Property), Sy.No.74l12, situated at Trimurthy Colony, Mahendra Hills, East Marredpally, Secunderabad thereby to release the same. lA NO: 1 OF 2021 Between:

1. Gandal Prabhakar, S/o: Gandla Yellaiah, aged about 56 years, Occ: Business RJo: Flat No-304, Priyanka Apartments, Boosareddyguda, West lrlarredpally, Secunderabad. \

2. Mohamrned Eahadur Khan, S/o: late MoM. Suleman Khan, aed 62 years, - O"", Business Ryo: H.M.12-2'79Ol7O Ayodhe Nagar, Mehdipatnam' Hyderabad ...PETITIONERS/PROPOSED RESPONDENTS No'4 and 5

1. E.Laxmi Bai, Wo. Late Y. Appa Re9, AS€g about 80 y-egrs, O9c' Ho.usewife' ' ny"l'j;6t rlb. zbz, noao Xo' +, rrim-urtny Colony, Mahendra Hills' East Marredpally, Secunderabad-500 026. ...PETITIONER

2. The State Of Telanqana, Rep by its Principal Secretary, Revenue - oepartnieni (Stamp-s and Rcigistration), Secretariat, Hyderabad ' 3- The District Registrar, Stamps and Assurance' Hyderabad District' Nampally, Hyderabad.

4. The Sub Registrar, Bovraeripally, Secunderabad' ...RESPONDENTS Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the petitioners as proposed respondent nos 4 and5 in the Writ Petition No 118 of 2020 as well as l.As. Counsel for the Petitioner: SRI G. RATESHWAR REODY Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION Counsel for the Proposed Respondents: SRI SHAIK KARIMULLA The Court made the following: ORDER THE HONOURABLE SRI JUSTICI K.SARATH WRIT PETITION No.118 of 2020 ORDER: Heard learned counsel for the petitioner and Ms.S.Sravathi, Iearned Assistant Government pleader for Stamps and Registration appearing for the respondents and perused the material on record.

2. Learned counsel lor the petitioner submits tJlat at ttre time of admission, this Court granted interim order on

03.Ol.2O2O directing the Registering Authorities to receive and register the document presented by the petitioner, if it is orherwise found to be in compliance with the requircments o[ the Registration Act, 19Og and the Indian Stamp Act, 1899.

3. Today, when the matter is taken up for hearing, learned counscl [or the petitioner submits that in pursuance to rhe interim order passed by this Court on O3.OL.2O2O, tl-re Registering Authorities have registered the subject doctrmcnt. i I I I I i I I i l t 2 srr, J W.P.No.1[a OF 2O2O

4. Learned Counsel for both sides submits that the connected matter in W.P.No. 19106 of 2010 frled by the State Government against the order in LGC.No. 167 of 1997 passed by the Special Court under the A.P. Land Grabbing (Prohibition) Act, L982, Hyderabad, was dismissed by the Division Bench of this Court on

28.O5.2025.

5. In view of the submissions made by both sides and in view of the dismissal of W.P.No. 191O6 of 20 10 on

28.05.2025, the interim order passed by this Court in I.A.No.1 of 2O2O in W.P.No.118 of 2O2O, dated

03.01.2020 is made absolute. Accordingly, the writ petition is disposed of.

6. lt is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where title/rights of the pa-rtres are pending before the authorities either in l I revision / appeals for adjudication and in any other case t thi" orcler also does not preclude the parties in asserting sr, J W.P.No.l7E OF 2O2O their rights before a competent Court of law. There shall be no order as to costs. 7 Miscellaneous Petitions, if any, pending in this writ petition sha-tl stand closed. //TRUE COPY// SD/-,AHMED ABDULLA KHAN Ss SISTANT REGISTRAR r SECTION OFFICER

1. The Principal Secretary, Revenue Department (S(atnps and Rbgistration), Secretariat, The State Of Telangana, Hyderabad. -

2. The District Registrar, Stamps and Assurance, Hyderabad District, Nampally, Hyderabad. Telangana, at Hyderabad [OUT]

3. The Sub Registrar, Bowenpally, Secunderabad. 4. One CC to Sri G. Rajeshwar Reddy, Advocate [OPUC] 5. Two CCs to GP for Stamps And Registration, High Court forthe State of 6. One CC to Sri Shaik Karimulla, Advocate[OPUC] 7. Two CD Copies cfrD s \e2., -tY To, TJ TKS l I HIGH COURT DATED:0710712025 ORDER WP.No.118 o12020 ,1t' .' J i4 f6. 0 il :iEP 206 ). r1 I :, \4.\r \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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