High Court · 2025

Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents rnore particularly respondent No.3 herein in issuing Memo vide Memo No.765 2tG,ll2O22, dated 10-05-2022, cancelling the sale deed vide document No.449 of 2017 and thereby registering the sale deed executed by respondent No.S in favour of respondent No.6 vide Document bearing No. 15960 of 2022 dated 01- Og-2022, in respect of Plot bearing No.2l admeasuring 418.5 Sq. Yards in Sy.No. 194 (part) situated at Kondapur Village, Serilingampally IVlandal, Ranga Reddy District as illegal, I I arbitrary, without luris;dir;tion, void, non est, vitiated by fraud and contrary to the Registration Act-1908 and consequently set aside the Memo vide Memo No.76521G112022, dalecl 10-05-2022 issued by the respondent No.3 and thereby cancel the registerecl Sale Deed executed by respondent No. 5 in favour of respondent No.6 vide Document bearing No. 15960 of 2022 dated 0'l- O9-2O22, in respect of Plot bearing No.21 admeasuring 418.5 Sq. Yards in Sy.No. 194 (Part) situated at Kondapur Village, Serilingampally Mandal, Ranga Reddy as null and void in vievr,' of the order daled 12-12- 20ain W.P.No.24l8O of 2022 passed by the Hon'ble High Court. lA NO: 1 OF 2023 'Petition under :Section 151 CPC praying that in the circumst::Lnces stated in the affidavit filed in support of the petition, the High Court may b,,: pleased to suspend the Memo vid€, [,4emo No.76521G112022, dated 10-05-2022 issued by the respondent No.3 including the direction to the respondents herein more particularly respondent nos.2 to 4 not to entertain any kind of registrations in respect of Plot bearinrt l.lo.21 admeasuring 418.5 Sq. Yards in Sy.N<.r. 194 (Part) situated at Kondapur'\./ llage, Serilingampally Mandal, Ranga Reddy on the basis of impugned Sale Deed vide Document bearing No. 15960 of 2022 dated 01-09-2022 executed 5y the respondent No.5 in favour of respondent No.6 herein pending disposa cf the above writ petition. lA NO: 1 OF 2024 Petition under {ler;tion 151 CPC praying that in the circumstances stated in the affidavit filed in sr"rpport of the petition, the High Court may be pleased to direct the 3rd respondent to cancel the Sale Deed No.15960 of 2022, and the mortgage deed doct I'lo 17292 of 2022, which was done by V. Salyanarayana Reddy to The Commissroner of GHMC, Hyderabad. lA NO: 1 OF 2025 Petition under Sler;tion 151 CPC praying that in the circumsta lces stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respon,lent to cancel the sale Deed No.15960/202, fake shaik / Mohammed sold to V.Satynarayana Reddy and the mortgage Deed No.17292 of 2022, which was done by V.Satynarayana Reddy to Commissioner of GHMC, Hyderabad. Doct The Counsel for the Petitioner: SRI M.JAYASIMHA REDDY Counsel for the Respondent No.1 to 4: Gp FOR REVENUE Counsel forthe Respondent No.5: SRI M.LAYEEQ KHAN Counsel for the Respondent No.6: SRI P.RANA KAMALASAN The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITI ON No.7172 of 2023 ORDER: This rvrit petition is filed seeking the following praFer: " ,c ssire ang writ order or direction more partianLarlg one in the nature of Wit of Mandamus declaring the oction oJ,' the respondent's rnore particularly respondent No.3 herein in iss _ring Memo uide Memo No.7652/Gj/2022 dated 1O- OS-2022, cancellinq tlu: sale deed utde doatment No.449 of 2Oj7 and therebg re(1i:;lering the sale deed executerl bg responclent Ao. S in fauour o.f n:spondent No.6 uide Document beaing No. l[96O of 2022 doted 01-O9-2O22, in respect oJ plot bearing No 21 ad-measuittct 418.5 Sq.Yards ln Sy.1r'o. 194 (par)t situaled at Kondapur \4Llage, Seilingampallg Mandal, Ranga Re dd.y Distnct as illegal, arbttrary, without juisdiction, uoicl non est, uitiated by frc.ud and contrary to the Registratton Act jgog ,tnd consequentlg set aside the Memo uid.e \r[emo No. 7652/G1/tl0tt2, dated jO-O5-2022 issued. bg the respond,ent No.3 and ttet ebg cancel the registered. Sale Deed. exealtec' bA responclent No. 5 in fauour of respondent No. 6 uicLe Docun..ent beanng No. l:.j960 of 2022 dated O j 09-2022, in respect of plot bearing No 2,1 admeo.suing 418.5 Sq. yard.s in Sg.No 194 (Part) situatect at Kondapur Vittage, Seilingampa A Manial, Ranga RedtTlt as null and uoid tn uieu of the order rlated 12 j2 2022 tn Vr.P No.24780 of 2022 passed_ bg the Honble L,igh Court. " I .) j I I 1 I I 2- Heard Iearned Sri M. Jayasimha Reddy, learned counsel, appearing for the petitioner and learned Government pleader for Revenue, appearing for the respondent Nos. I to 4. 3. The brief facts of the case are that the petitioner claims to be absolute owner and peaceful possessor of plot Bearing No.21, admeasuring 41g.5 Sq.yards in Sy.No. 194 (part) situated at Kondapur Viliage, Serlingampally Mandal, harring acquired the same from respondent No. S, through registered sale deed vide document bearing No.449 /2O17 dated 18.01.2012. Later, the petitioner alienated part of the subject property admeasuring 2o9.25.Sq.yards under registered sale deed vide documenr bearing No.19964 of 2021, dated

20.11.2021. 4 While things stood so, as a part of regular verification of the encumbrance certificate, the petitioner came to know that his sale deed rride document bearing No.449 of 2017 was cancelled vide proceedings in O.S.No.296 of 2022 on the file of Principal Junior Civil Judge, Kp DR Memo No.76 52/Gt/2022, dated 10.05.2022. IJpon such verification, the petitioner came 7 3 to know that respondent No.5 had filed suit agarnst the petitioner vide o.s.No.296 of 2022, seeking declaration of the registered sa-le deed Doc.No.449 of 2OlT dated lB.O1.2OIZ as null and void.

5. Learned counsel for the petitioner submitted that the document No.449 of 2OlT, dated 15.01.2017, was exec,uted by one Sri Shaik lvlohammed in favour of the petitioner. ,I,he plot was a11otte,l .nd registered vide document No.24g3 of I9g2 in favour of Sri Shaik Mohammed by ALIND Industriai I{ousing cooperative Societ5z Limited. Learned counsel further surmitted that the sarnr3 link document No.2483 of 1982, dated 05.04.1989, is a registered schedule property in the rrame of respondent No.6. Thereafter, respondent No.5 fiied O.S.No.296 ol 2022 on the. file of the principal Junior Civil Judge, Kukatpally, wherein no notice was issued to the petitiorrer and within a week, the, same was referred to Lok Adatat and award was passed stating the matter is compromised. Subsequently, respondent No.5 approached concerned sub_registr;lr for cancellation of :sale deed in favour of the petitioner antd the L I x 4 sarne was cancelled vide Memo '7 652 lGll2022' dated t0.05.2022.

6. Learned counsel further submits that though petitioners narne appears as respondent in the said suit' he neither contested nor compromised' Therefore' the order passed in the said suit is no binding on the petitioner' 7. Aggrieved by the award dated 26'04'2022' petitioner filed W.P.No.2478O of 2022 and the Hon'ble Division Bench of this Courtvideorderdated26.09,2022haspassedthefollowing order: "5- The soid Memos are taken on record uide USR ios.l11679 of 2022 dated' 06'12'2O22 and 114467 of 2022 dated 12.12.2O22 and in teflns of the tuo Memos ,i"p."tiu"tA filed. bg the parties' ttte set asid'e the Autord of t oi eaoUi ina O.S.No'296 of 2022 is remanded to the court ,j ni".io"t iunior Ciuil Judge Cum VIII MetroPolitan -i,togirroi", Ranga Reddg fi,sti,ct ot Kukatpallg for adiudication of the suit on meits' 11 is also made clear thnt in ti. pototio, focts of tlis cose, this ord-er is passed and the same connot be treated as a precedent' 6. Accordingtg, the Wit Petition is allou'ted'" 8 Since the parties have already been directed vide order dated 26.09 .2022 in W'P'No'2478O of 2022 passed by the Honble Division Bench and the matter has been remanded' we .. ,r:. .. -,t it:, :il leave it oper to the petitioner to take steps as per the order passed in W.p.!Io.24ZgO of 2022 and. seek appropna te remedy as available Llnder law. It is a-lso made clear that this court has not expresse<l zrny opinion on the merits of the casr: ald the trial court shatl adjudicate the matter on the basis of the materta1 place,ci before the trial Court. 9. Hence, this Writ petition is disposed of dire,.:ting the respondent authorities not to entertain arry docur:eents in respect of the subject property for a period of two(02) months, enabling the prgtilisnsr to take proper steps as available under larv. i0 Accordingly, the Writ petition is disposed of. As a seqr-rel, miscellaleous applications pending if any, shall stand clos;ecl. I i //TRUE COPY// SD/. K. AMMAJI ASSISTAN'I' REGISTRAR To, becltott oFFlcER 1. The Principa Secretary (Stamps and Registration), Secret,rriat Buildings, Hyderabad, State of Tellniana.'

2. The Commissioner and lnspector General of Registration and Stamps, Telangana, H'yderabad.

3. The District Registrar, Ranga Reddy District. 4. The Joint Sub-Registrar (R.O), Ranga Reddy District. 5. One CC to SRt |\4.JAYAS|MHA REDDY, Advocate tOpUCl 6. One CC to SRt llI.LAyEEe KHAN, Advocate [OpUC] 7. One CC to SRI n.RANA KAMALASAN, Advocate tOpUCl 8. Two CCs to Gp FOR REVENUE, High Court for the State of Telangana at 9. Two CD Copies Hyderabad [OIJT] BSR ,/ HIGH COURT' DATED: 1010212025 ORDER WP.No.7172 of 2023 ,a-"-- ;iE ST4; a\. c ti^ \r 0I EPtr z[25 a (. \> I ( .'rt DISPOSING OF THE WRIT PETITION, WITHOUT COSTS '/l /z z/4,// /