1. M.RADHIKA v. I THE STAIE OF TELANGANA
Case Details
Acts & Sections
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stdted in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly, one in the nature of Writ of [Vlandamus, declaring the action of the respondent nos.2 and 3 in not entertaining the document i.e. release deed for the purpose of registration and lo release the.same in favour of the petitioner no.3 in respect of the property i.e. plot bearing new no. 161(old no.153) in Sy. No. 7413 admeasuring 226.50 sq. yards situated at Ravi Cooperative Housing Society Limited, East Marredpally, Secunderabad as illegal, arbitrary, violative of principles of natural justice and violative of Arts. 14, 21 and 300-4 of Constitution of lndia and consequently direct ---------= the respondent nos.2 and 3 to entertain the release deed and to give effect registration over the above mentioned landed property and release the document lA NO:'l O F 2018 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 release deed that may be presented by the petitioner nos.1 and 2 in respect of plot bearing new no. 16.1(old no.153) in Sy. No. 7413 admeasuring 226.50 sq. yards situated at Ravi Cooperative Housing Society Limited, East Marredpally, Secunderabad, pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioners: SRl. M V HANUMANTHA RAO Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER 7 THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR W'RIT PETITION No.4475 of 2018 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposat.
2. lt is the case of the petitioners that the Registering Authority has refused to register the subject document on the ground that the State Government is ctaiming the subject property as 'Government tand'in LGC No.167 ot 1997. Aggrieved by the action of the Registering Authority in not registering the subject document, the present writ petition is fited.
3. This Court granted interim order on 12.02.2018, directing the Registering Authority to receive and process the subject document, subject to the outcome of WP No.'19106 of 2010 fited by the State Government against the order passed by Speciat Court under A.P.Land Grabbing (Prohibition) Act, 1982 in LGC No.'167 of 1997.
4. Today, when the matter has been taken up for hearing, tearneci counsel for the petitioners submits that in pursuance to the interim 2 order passed by this Court on 17-02.?018, the Registering Authority have registered the subject document and further subm.its that in view of interim order passed by this Court no further orders are required in this Writ petition.
5. Learned Assistant Government pteader for Stamps and Registration woutd submit that the subject matter in this writ petition is squarely covered by the order passed by this Court in Wp No.11653 of 20'13, dated 23.07.2024, and the relevant paragraphs reads as under: "6. Leorned Assistont Government Pleoder for Stamps ond Registrotion would submit that counter offidovit hos been filed on behalf of respondent No.Z i.e., District Collector, Hyderobod, ond the Parogroph No.8 reods as: 'lt is submitted thot o comprehensive land cose was fited by the then lAondol Revenue Officer, Morredpolty ogoinst the (7) Societies and os well as some of individual plot owners of 5y.No.74 of lAarredpally (Poigah) vitLage in L.G.C, No.167/97 in the Spl.Court under L.G(p) Act, 1982. The Hon'ble Spl.Court, under A.P.L.G.(p) Act dismissed the LGC No.167/97 on 18-03-2010. Aggrieved by the same, the then iARO, Marredpolly Mandol filed Wp No.19106/2010, before the Hon'ble High CoLrrt ond the some is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly apprecioting the evidence of Govt. ond as such writ petition has been fited chollenging the same. Thus the LGC judgment hos not become final. Further submitted that the |itigotion between the porties and the Govt. has not reoched to its logical end. Under such circumstonces it can,t be soid thot Covt. have lost its cloim. As such the interest of Govt. still subsists. ln view of the obove the interest of -.---.7 -) Govt. that subsists in the subject lond will be jeopordized if this W.P. is ollowed. Hence it is lioble for dismissol.' Leorned Assistont Government Pleoder would submit thot
7. subject matter wos earlier adjudicated by the Spl.Court under A.P.L.G.(P) Act, 1982, vide LGC No.167 of 1997, however the soid LGC No.167 of 1997 has been dismissed on 18.03.2010. Aggrieved the same, the Mandal Revenue Officer, lAarredpolly lvlandal, filed WP No.19106 of 2010 before this Court and the Hon'ble Division Bench hos heord ond reserved for orders.
8. Leorned Assistont Government Pleader woutd further submit that mony parties hove filed writ petitions on the similor issue ond obtoined interim order and thereofter the respondent authorities hove received, registered ond releosed the documents therein, however foirly submits thot in most of the coses, the respondent outhorities have not filed counter- affidovit and the counter-of fidovi t filed in this writ petition may be odopted in oll these similor pending writ petitions, as the issue involved in all the pending writ petitions is one and the some and pray this Court to dispose of all the pending writ petitions, granting liberty to oll the concerned porties to seek appropriote remedy, subject to the outcome of the order which would be pass in WP No.19106 of 2010.
9. Recording the submission mode by the learned counsel on either side and in view of the fact thot the subject document is registered in pursuont to the interim order, this Court deems it appropriate to disposed of the writ petition granting liberty to both the parties to seek oppropriote remedy, in accordonce with low, subject to the outcome of the order which would be pass in WP No.19106 of 2010, if so otherwise aggrieved." ( ( , I '-l'! .+
6. Learned counsel for the petitioners fairty submits that simitar order may be pass in this writ petition.
7. Recording the above submission made by learned counsel on either side and in terms of order passed by this court in wp No.1.r653 of 2013 dated 23.07.2024, this writ petition is disposed of granting liberty to both the parties to seek appropriate remedy in accordance with taw, subject to the outcome of the order which woutd be passed in WP No.19106 of 2010, if so otherwise aggrieved.
8. lt is made clear that mere registration of the document does not confer titte on the subject property and it is atso made ctear that this order woutd not have any bearing on alt those matters where titte/rights of the parties are pending before the authorities either in revision /appeats for adjudication and in any other case this order atso does not preclude the parties in asserting their rights before a competent Court of [aw.
9. Accordingly, this writ petition is disposed of . Miscettaneous applications, if any pending, shatt stand closed. No order as to cost. SD/-S. MALLIKARJUNA RAO ISTI.NT REGISTRAR S //TRUE COPY// SECTION OFFICER To,
1. IHE Principal Secretary, Stamps and Registratio Hyderabad epartment Secretariat,
2. The District Registrar, Stamps and Assurance, Hyderabad District at Nampally. Hyderabad
3. The Sub Registrar. Bowenpally, SecundErabad. 4. The District Collector, Hyderabad District. At Nampally, Hyderabad. " fo"+J \ 5 6 One CC to SRl. M V HANUMANTHA RAO Advocate [OPUC] TwoCCstoGPforStampsandRegistrations,HighCourtforlheStateof Telangana at HYderabad. [OUT]
7. Two CD CoPies KKS GJP cl+L I HIGH COURT DATED:2410212025 \ ORDER WP.No.4475 of 2018 f I i: SIA ..r' 2 3 lrAt 20?5 ( i t \ I I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS r*,-