Shri. Arun Sharma v. Smt. Gauri Sharma

Petition Under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the 3rd respondent in not registering the petitioners document for deposit of title deed/mortgage deed in respect of the property bearing House No. 39, admeasuring 363.BB square yards or 304 24 square Meters, with a built up area of 2000 sft comprising of Ground and First Floor in Survey No. 74t9, and situated in the layout of Sevamandal society Ltd. (shantiniketan), East Marredpally, Secunderabad cantonment by declaring G.O.M.S.No.609, dated 18-08-2OO4A illegal, arbitrary, unconstitutional and against the provisions of law and consequently direct the 3rd respondent to register the deposit of title deed/mortgage deed in respect of the property bearing House No. 39, admeasuring 363.88 square yards or 304 24 { quare lVleters' with abuiltupareaof2000sftcomprisingofGroundandFirsttloorinSurveyNo. 74t9, and situated in the layout of Sevamandal society Ltd. I hantiniketan), East Marredpally, Secunderabad Cantonment and release the sar t ' l.A.NO:1 OF 2026 Petition Under Section 151 CPC praying that in the cir'; the affidavit filed in support of the petition, the High Court direct the 3rd Respondent to receive and register the docum': deedimortgage deed in respect of the property beari t admeasuring 363.88 square yards or 304 24 Square Jvleters' of 2000 sft comprising of Ground and First Floor in Survey N t in the layout of Sevamandal Society Ltd. (Shantiniketan ) Secunderabad Cantonment and release the same pending petition. rmstances stated in nay be pleased to rt for deposit of title ; House No. 39, with a built up area . 7419. and situated East [vlarredPallY, j isposal of the writ Counsel for the Petitioners : SRI D.PRAMADA Counsel for the Respondents : Ms. S.SRAVANTHI, AGP FCf REVENUE The Court at the stage of admission made the following Otl )ER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.5233 OF 2026 NINETEENTH FEBRU ARY, 20.26 Between: Arun Sharma and another AND . . . Petitioners State of Telangana, rep. by its Principal Secretarl,, Revenue Department, Secretariat buildings, Hyderabad, and (2) others ORDER: Respondents With the consent of both the parties, this Writ petition is taken up for disposal at the admission stage itself.

#2. This writ petition is filed declaring the action of the respondent No.4 in not receiving and registering the petitioners document for deposit of title deed/mortgage deed in respect of the property bearing House No.39, admeasuring

363.88 square yards or 3O4.24 Square Meters with a built up area of 2O0O sft comprising of Ground and First Floor in 2 Survey No.74l9 and situated in the layout c1 Sevamandal Society Ltd., Shantiniketal, East Marredpally. I r:cunderabad Cantonmcnt, b-r' deciaring G.O.lrils.No.6O9 dat,r t 18.08.2004 as arbitrary and illegal.

#3. Heard the learned counsel for the p': ltioners emd Ms.S.Sravanthr. learned Assistant Govertr t r:nt Pieader appearing for the respondents.

#4. Learnecl counsel for the petitioners I ubmits that respondent No.3 is refusing to receive and re: ster the Sale Deed sought to be presented by the petitioner in respect of the subject propcrty on the ground that the Sta[: Government is claiming right over the subject property a; 'Government Land'in LGC No.l67 of 1997. Learned crrnsel further submits that the issue involved in the present v'rit Petition is connected n'ith the dismissal order dated 2a.Ai .2025 passed by the Division Bench of this Court in W.P.No. )1O6 of 20 10, which is filed by the State Government agai rst the order passed in LGC No.167 of 1997 by the Special Cr ttrt under the A.P. Land Grabbing (Prohibition) Act, 198 2 Hyderabad. in similar Learned counsel further submits tha t 3 circumstarces, this Court has passed order dated 24.06.2025 in W.P.No.17393 of 2025 directing the respondents therein to register the document. Therefore, learned counsel prays this Court to ailow the Writ Petition and direct respondent No.3 to register the Sale Deed presented by the petitioners.

#5. The above made submission is not seriously disputed by the learned Government Pleader appearing for the re spondents

#6. Having regard to the above made submissions, particularly, in view of dismissal of W.P.No.191O6 of 2010 on

28.O5.2O25, the present Writ Petition is disposed of directing respondent No.3 to receive, register and release the document I presented by the petitioners in respect of the subject property rvithout reference to LGC No.167 of 1997, however, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and the Indian Stamps Act, 1899. It is a-1so open to the Registering Authority to refuse the document presented by the petitioners, on ary other objections, duly assigning the reasons ald communicating the same to the petitioners. 4 7 . It is made clear that mere registratior-r of t :re document does not confer title on the subject property : nd rt is also made clcar that this order wonld r-rot have anv 1,i:aring on all those matters vr, here title/rights of the parties are pendirrg before the authorities either in revisior , appeals for' adjudication or in any other cases. This order rlso does not prcclude the parties in asserting their rip I t-s before a competent Court of lar,l, Miscellarreous petitions, il any, pendin 3 shall stand closed. There shall bc no order as to costs ,/TRUE COPY// SD/.C. DEEPIKA r: ,TANT REGjSIAAR" - SECTION OFFICER The Secretary, Revenue Department, Secretariat S te c ' Telangana at Hyderabad The District Registrar. Hyderabad District, HYderab The Sub Registrar. Bowenpally, Secunderabad Two CCs to GP FOR R EVENUE High Court for the Sta'( of Telangana at Hyderabad [OUT]

#5. O-ne CC to SRI D.PRAI\/ADA, Advocate [OPUC] 6 Two CD Copies To 1 2 3 4 SA BS fr" r i1c.) rA ;R s- o C) ..1 It,1l I , 2 c) I t HIGH COURT DATED:1 910212026 ORDER WP.No.5233 of 2026 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. Le'