The High Court · 2025
Case Details
2. Mrs. Appala Srinivas Kamala madhu alias KS Kamal, D/o late K.Narasimha rao w/o Mr. Appala Madhu babu Aged about 53 years Occ. house wife
3. Mr. Kurma Rajesh, S/o late K.Narasimha rao Aged about 51 years Occ. pvt employee All are FJo Flat No. C-12, At line towers, PG road Ner Ratnadeep super market, Sindhi colony Secunderabad. AND ...PETITIONERS
1. The State of Telangana, Rep. by its Principal Secretary Revenue Department (stamps and registration) Secretariat, Hyderabad.
2. The District Registrar, Hyderabad District, at Hyderabad. 3. The sub Registrar, Bowenpally, secunderabad ...RE'..NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondent No.3 in non receiving the partitiondeed non providing the market value to the petitioners for the purpose of registration of partition deed in respect of the open plot bering No. 58/GF, SCB NO. 5-24-031 , iin survey 7418 or part of GLR No. 396 extent 383 sq.yards in layout of three monthy weaker section cooperative housing society, fVlahindra Hills, East Maredpally, Secunderabad on the ground of pending WP NO. 19106/2010 filed against the order in LGC No. 167i 1 997 even though this Hon'ble court was passed the interim order for simiar survey number i.e,7418 in WP No. 3416212023 dated 31112024 and the order in WP No 3194512023 dated 1811112023 as illegal, arbitrary and contrary to the provisions of Registration Act and consequently direct the respondent No.3 to receive, process, register and release the settlement deed presented by the petitioner No 1 lA NO: 1 OF 2024 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 issue directing the respondent No.3 to receive, process, register and release the partition deed in respect of the open plot bering No. 58/GF, SCB No. 5-24-031, in survey 7418 or gart of GLR No. 396 extent 283 sq.yards rn layout of three monthy weaker section cooperative housing soc ety, Mahindra Hills, East Maredpally, Secunderabad pending disposal of main writ petition Counsel for the Petitioner: SRl. GUDI MADHUSUDHAN REDDY Counsel forthe Respondents: Smt. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.441O of 2024 ORDER: Heard learned counsel for the- petitioners and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.
2. Learned counsel for the petitioners submits that the respondent No.3/Sub-Registrar is refusing to receive the partition deed ald not providing the market value to the petitioners for the purpose of registration of partition deed in respect of the open plot bearing No.58/GF, SCB NO.5-24-031 in Survey No.74/8 or pa-rt of GLR No.396 extent 383 Square yards in layout of Threemoorthy Weaker Section Co-operative Housing Societ5r, Mahindra Hills, East Maredpally, Secunderabad on the ground that the State Government is claiming the 'Government land' in subject property as LGC No.l67 of 1997. Aggrreved by the action of the l i \ I I 2 Registering Authority in not registering the subject document, the present writ petition is filed
3. Learned Counsel for the petitioners further submits that the issue involved in this matter is connected with W.P.No.19106 of 2O10, which is 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, 1982, Hyderabad and the sarne was dismissed by the Division Bench of this Court on28.O5.2025. Therefore, learned counsel requested this Court to allow the writ petition by directing the respondent No.3/Sub-Registrar to register the Sale Deed presented by the petitioners.
4. On the other hand, the learned Assistant Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the petitioners.
5. In view of the submissions made by both the sides and in view of dismissal of the W.P.No.191O6 of . 2010 on 28.05.2025, the Writ Petition is disposed of \ I 3 directing the respondent No'3/Sub-Registrar to receive' register and release the d'ocument presented by the petitioners in respect of subject property w'ithout reference to LGC No.167 of 1997, subject to the petitioners complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act' 1899' It is also open to the Registering Authorilv to refuse the document presented by the petitioners' if any other objections, by duly assigning the reasons and communicate the same to the petitioners'
6. It 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 al1 those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other cases' This order also d'oes not preclude tJre parties in asserting their rights before a competent Court of law' However' ttrere shall be no order as to costs' i I I t 1 I 4 Miscellaneous petitions, if aly, pending in this writ petition shall stald closed SD/.C. DEEPIKA ANT REGISTRAR //TRUE COPY// CTION OFFICER To, BM LS
1. The Principal Secretary Revenue Department (stamps and registration) Secretariat, T.S.,Hyderabad.
2. The District Registiar, Hyderabad District, at Hyderabad. 3. The Sub Registrar, Bowenpally, SecunderabaQ. 4, One CC to sRl. GUDI MADHUSUDHAN REDDY, Advocate [oPUC] 5. Two CCs to AGP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana at Hyderabad [OUT]
6. Two CD Copies HIGH COURT DATED:0910712025 --'':' '--: ' - :'- - .ta'.. .1,' -4'', '. ./<,., ' :-:: l|/. ,. ? 5 srP 2025 * oSJ ''-.-... ORDER WP.No.4410 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT GOSTS q /z ,'?r//,4