1. Venkateshwar gupta Mandavilli v. The Stale of Telangana

Petition under Article 226 ot the CQnstitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue- writ order or direction more particularly in the nature of Writ of Mandamus, to declaring the action of the third respondent in refqsing to receive ,register the sale deed executed by the 1st and 2nd petitioner here in favour of the 3rd pelitioner in respect of the property belonging to petitioner No.1 and 2 in Flal No. 302, in third floor in house bearing No.10-3-141302 on plot No. l4 in survey No.74l6 together with undivided share of land admeasuring 60 Sq yards, out of land admeasJring 500 sq.yards, along with Built up area 1 3i OSft, ( lncluding common areas) and one car parking area 100 Sft, approximately, Building known as AASHRAY NIHAL RESIDENCY situated at east marredpally, Secunderabad, Telangana state pursuant to G 0 Ms No 609 Revenue Registration I Dept dated J 1810812004 as illegal arbitrary and against the provisions of law and declare G O Ms No 609 Revenue Registration I Dept Dated 18 l08l 2004 as illegal arbitrary and against the provisions of law or in the alternative direct the First Respondent to denotify the property situated in Survey No 7416 situated at East Marredpally Secunderabad from the impugned G O Ms No 609 Revenue Registration I Dept dated 18/ 08 l2OO4 and consequently to set as side refusal order dated 2510112025 in Lr.No. 25|P|02|2O25|REFUSAL/2025 Dated. 2510112025 as confirmed by the 2nd respondent in appeal vide orders dated 15102120.25 in Proc. No. B62iEl2025 as arbitrary, illegal and yoilative of article 14,21 and'3OiOA of Constitution of lndra and to direct the 3rd Respondent to receive and register sale deed executed by the First an{ Spcond petitioner$ herqin in favour of the petitioner Ne 3 in rospect of the property belonging tq petitioner No 1 and 2 in Flqt No 302 in third floor in House bearing No 10-3-1{1302, (PTl No. 1181014749) on plot No.l4 in Survey No 7416 together with undivided sfiare of land admeasuring $0 Sq Yards total out land admeaSuring 500 Sq Yards along with Built up atea 1310 Sft including common areas qnd One Qar Parking Area 100 Sft approximately Buil(ing Known as AASHRAY NIHAL RESIDENCY situated at Eagt Marredpaily Secundelabad IANO:1OF2 25 Petitign undqr Seclion 151 CPC praying that in the cireumstanc_es $tated rn the affidavit tilqd in suppgrt of the petition, the Hign CoqrJ may be gleased to direct responQent registering authorities to receive qnd rqgister the sale d6ed in respect of the property belonging to petitioner No 1 and 2 in Flat No 302 i0 third floor in House pearing No 10-3-1{/302, (PTl N9. 1181014745) on plot No 14 in Survey No 7416 together with undivided share of land admeasuring 60 Sq Yards total out land admeaguring 500 Sq Yards along with Built Up area 1A1O Sft inclpding gorrlmon areas and Oqe Qq! P?rking Area'!00 Sft approxinately Euil{ing Known as AASHRAY NIHAL RESIDENCY situated at East Marredpally Secunderabad Counsql for the Petitioner: S$1. M V FRAVEEN KUMAB !gt11:Sl_f:f$e.Responflent Nos.l ts 3: GP FoR prAlUPs AND REgISTRATIQN The Cqsrt qggle the.followinq: ORDER ,7 I SK, J W.P.No.6822 of 2025 THE HON'BLE SRI JUSTICE K.SARATH ORDER: W.P.No.6822 of 2025 The Writ Petition is hled seeking to declare the action of the respondent No.3 in refusing to receive, register the sale deed executed by the petitioner Nos. I and 2 in favour of the petitioner No.3 in respect of the property in Flat No.302, in third floor of house bearing No. l0-3- 141302 on plot No.14 in survey No.74/6 together with undivided share of lald admeasuring 6O Sq.yards, out of land admeasuring 500 sq.yards, a-long with built up area 1310 Sft, (Including common areas) and one car parking area 100 Sft, approximately, building known as 'AASHRAy NIHAL RESIDENCY' situated at East Marredpally, Secunderabad, Telangana state pursuant to G.O.Ms.No.609 Revenue Registration I Dept dated 18.08.2004 as illegal and arbitraqz.

2. Heard learned counsel for the petitioners ald learned Assistant Go\uernment Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 3. With their 2 SK, J w.P.No.6822 of 2025 consent, this writ petition is disposed of at the stage of \ admission

3. Learned Counsel for the petitioners submits that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.24329 of 2024 dated 07.11.2024 and the same is not disputed by the learned Assistant Government Pleader for Stamps and Registration.

4. In view of the said submissions and for the reasons assigned by this Court in W.P.No.24329 of 2024 dated 07.11.2024, this Court deems it appropriate to dispose ol the Writ Petition directing the registering authority to receive, register and release the subject document, as expeditiously as possible, preferably, within a period of four (04) weeks from the date of receipt of a copy of this order. It is made clear that the registration of the subject document is subject to outcome of the W.P. No.19106 of 2010. It is also made clear that if either of the parties are aggrieved by the orders to be passed 1n \ \ 3 SK,.J w .P.No.6822 of 2025 W.P.No.191O6 of 201O, libertY 1S granted to Parties to pursue their remedies as available under law

5. It.is made clear that mere registration of ttre document does not confer title on the subject pioperty and it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/ appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law.

6. Accordingly, the Writ Petition is disposed of' There shall be no order as to costs.

7. The Registry is directed to annex a copy of the order dated 07. ll.2024 in W.P.No.24329 of 2024 along with this order.

8. Miscellaneous applications, if any pending in this petition, shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFI CER To, 1 The PrinciPa I Secretary to Government DePartmen Of revenue StamPs and Registration DePartmen t, secretariat Buildings, HYd erabad -500022 2. The District Registrar of Stamps and Assurance' Redhills' Nampally' Hyderabad t: , J 4 5 The Sub Registrar of Stamps and Assurance, Marredpally Hyderabad. . One CQ to SRI M V PRAVEEN KUMAR Advocate IOPUC] ]yvo CQqtg GP FQR_STAMPS AND REG|STRATIQN. High eourt for the State of Telangana. [OUT] Two CD Copies 6 KKS BS (Along with the copy of the order dated 07.11.2024 in Wp.NO.24329 of 2024) ' V HIGH COURT DATED:2410412025 ORDER WP.No.6822 of 2025 l trt ,IAr A- ( g 5 tllt,Y 26 * Dr st ij.,r.r c\i rC r.' T .L -4' . l I DISPOSING THE WRIT PETITION WITHOUT COSTS THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KTIMAR WRIT PETITION No.24329 of 2o24 L ORDER: Heard learned counsel for the petitioner and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4. With their consent, this writ petition is taken up for disposal at the stage of admission itself.

2. This writ petition is filed to declare the action of respondents more particularly respondent No.4 in not considering the petitioner representation dated 22.O8.2024 pertaining to the properry i.e., plot No.271, admeasuring 311.11 sq.yds., in Sy.No.74 /6, situated at Balamrai Cooperative Society of East Maredpally, Mahendra Hills, Secunderabad - 500 OO9 registered rade Doc.No.4IlL9g8 dated 11.01.1988 at SRO Maredpally, Hyderabad for ahy alienation while considering the same under List of the probation of Registration of Govt. Lands in reference to the Collector, Hyderabad District Lr.No.C3/ 1712 /2024 dated

28.09.2004 in terms of G.O.Ms.No.609 Revenue (Registration-I) Department dated 18.08.2004 the entire land admeasuring Ac.3O6-15 gts., in Sy.No.74 under Maredpally Paigah is in contradiction to the orders under decree dated 18.03.2010 in LGC 2 No.167/1997 on the file of Special Court under A.P. L,and Grabbing Probation Act as illegal, arbitrary ald in violation of 1 principles of natural justice.

3. Learned counsel for the petitioner submits that petitioner is the owner and possessor of the plot No.271, admeasuring

311.11 sq.yds., in Sy.No.74/6, situated at Balamrai Cooperative Society of East Maredpally, Mahendra Hills, Secunderabad - 5OO 009, having registered uide Doc.No.41 /1988 dated 11.01.1988 at SRO, Maredpally, Hyderabad. It is further submitted that the petitioner, with an intention to sell the subject property, executed the sale deed dated 31.07.2024 and approached the respondent No.3 for registration. However, respondent No.3 has refused to register the subject document basing on the ground that Sy.No.74 in Cantonment area is under prohibitory list. Aggrieved by the same, this writ petition is filed.

4. Learned counsel for the petitioner submitted that many writ petitign-s were filed seeking registration of the documents in respect of the lands in Sy.No.74 at East Marredpally, Secunderabad, and this Court had directed the registering authority to receive, register and release the documents presented 3 in respect of the land in Sy.No.74 at East Marredpally, Secunderabad and sought to pass similar order.

5. Learned Assistant Government pl'eader for Stamps and Registration while acceding to the submissions made by the learned counsel for the petitioner would submit that many number of writ petitions have been filed on similar issue wherein no separate counter affidavits have been liled however, in one of the writ petition i.e., in W.P.No.1l653 of 2013, which was disposed of on 23.07.2O2a by this Court, a counter affidavit has been filed and the averments mentioned therein may be read/adopted as a counter averments in the present writ petition and has drawn the attention of this Court to the relevant paragraph of the counter alfidavit filed in W.p. No.11653 of 2013, which reads as under: 'It is submitted that a comprehensiue land case tuas filed bg the then Mandal Reuenue Officer, Manedpallg against the (7) Societies and as raell as some of indiuidual plot outners of Sg.No.74 of Manedpallg (Paigah) uillage 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 18-03-201O. Aggieued bg the same, the then MRO, Manedpallg Mandal filed Wp No.191O6/201O, before the Hon'ble High Court and *Le same is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds toithout properlg appreciating the euidence of Gout. and as such utit petition has been filed challenging the 4 same. Thus the LGC judgment has not become final. Further submitted that the litigation betueen 'rii pirti"t and the Gout. has not reached to its logii"l end. Und'er such circumstances it can't be tiid tnot Gout- haue losl ils claim' As such the interest of Gout. sfill subsisfs ' In uieul of the aboue the inteist of Gout. that subsists in the subiect i.""a *itt be-jeopardized if this W'P' is allou'ted' Hence it is liable for dismissal."

6. Learned Assistant Government Pleader would submit that subject matter was earlier adjudicated by the Spl'Court under A.P.L.G.(P) Act, 1982, uid.eLGC No'167 of 1997' however the said LGC No.167 of 1997 has been dismissed on 18'03'2010' Aggrieved by the same, the Mandal Revemre Officer' Marredpa-lly Mandal' filed WP No. 19106 of 2O1O before this Court and the same has been heard and reserved by the Hon'ble Division Bench'

7. At this stage, Iearned counsel for the petitioners submit that since in. similar writ petitions this court by way of interim order had. directed the registering authorities to receive' register the documents presented before them, without reference to the claim of- the Government that it is Government land and in pursuance to the said interim direction the documents therein were registered ald since the cause in those writ petitions has been served this court had disposed those writ petitions, granting tiberty to all the concerned parties to seek appropriate remedy' 5 t,l subject to outcome of the W.p. No.19r 06 of 2OlO. which IS pending for orders before the Divlsion Bench of this Court. Learned counsel for the petitioner prayed this Court to dispose of the writ petition by passing similar order as passed i, tho"" *.it petitions.

8. Learned Assistant Government pleader has not disputed the same.

9. Having regard to the facts and circumstances of the case and recording the submissions made by the learned counsel on either side, this Court deems it appropriate to dispose of the writ petition directing the registering authorit5r to receive, register a,d release the subject document, as expeditiously as possible, preferably' within a period of three (03) weeks from the date of receipt of copy of this order. It is made clear that the registration of the subject document is subject to outcome of the W.p. No' 1 g 106 0f 20ro ' It is also made clear that if either of the parties are aggrieved bythe orders to be passed in w.p.No. 19106 of 2oro, Iiberty is granted to parties to pursue their remedies as availabre under law. 6

10. It is made clear that mere registration of the docurhent does not confer titie on the subject property and it is also made clear that.this order would not have any bearing on aII those matters where title/ rights of the parties are pend ing before . the authorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties 1n asserting their rights before a competent Court of law. 1 1. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to cost.

07.tt.2024 N.V.SHRAVAN KUMAR,J