1 Edward Penkett Bhargavi Yesudas v. 1. Ilg _1t-19. of. Telangana

Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or more particularly one in the nature of writ of MANDAMUS declaring the action of the Respondent No.4 in not considering the ...RESPONDENTS petitioner representation in receiving, registering and releasing the Rectification deed dated. 07.02.2025 pertaining to the property i.e., House bearing No. 10_3_ 181412, on Plot No- 109, Sy. No.74l,l0, with Built-up area 1500 Sq.Ft., admeasuring 337.5 Sq. Yds., or equivalent Io 282.15 Sq. mts., Situated at Marredpally, secunderabad while considering the same under List of the probation of Registration of Govt. Lands in reference to the collector Hyderabad District Lr.No.C3l1712l2O04 dt 08.04.2004 in terms of G.O.Ms No.609 Revenue (Registration-l) Dept Dt.1B-08-2004 lhe entire Land admeasuring Ac 306-15 guntas in sy.No 74 under Mareddpaily pigaha (where 74110 is a part) is in contradiction to the orders under Decree dated 18-03-2010 in LGC 167 of 1997 on the file special court under A.p. Land Grabbing probation Act is not only indiscriminative, lllegal, arbitrary, unlaMul, u nco nstitutiona l, and against to the principles of naturaljustice, as such to pass. lA NO: 'f OF 2025 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 No.4 to receive, register and release the Rectification deed pertaining to the Petitioner's Registered Doc. No. 2124 of 2020, dated. 30-12-2o2oat sRo Mareddpally, Hyderabad to the House bearing No. 10-3-18/4/2, on Plot No. 109, Sy. No.74110, with Buirt-up area 'r 500 sq.Ft., admeasuring 337.5 sq. Yds., or equivalent ro 282.15 Sq. mts., situated at Marredpaily, secunderabad in compilation to the provisions of the lndian Registration Act, 190g and lndian Stamps Act 1899 pending disposal of the above Writ petition. Counsel for the Petitioner: SRI l. SHARATH KUMAR Counsel for the Respondents: AGp FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.76 37 of2O25 ORDER: The Writ Petitron is fiIed seeking the following relief: ".. . to issue a Writ, order or more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondent No.4 in not considering the petitioner reprcsentation in receiving, registering and releasing the Rectification deed dated. 07 .O2.2025 pcrtaining to the Property i.e., Flousc lrearir.rg No.10 3-181412, on Plot No. 109, Sy. No.74/ 10, q.rth Built-up area 15OO Sq.Ft., admeasuring 337.5 Sq. Yds., or equivalent to 282.15 Sq. mts., Situated at Marredpally, Secunderabad while considering thc same under [,ist of t.he probation of l?egistration o[ Govt. Lands in referencc to thc Collector Hyderabad District Lr.No.C3/ l'/ 12l2OO4 dt.08.04.2004 in terms of G.O.Ms No.6O9 Revcnue (Registration-l) Dept Dt. 18.08.2004 the entire Land admeasuring Ac.306 l5 guntas in Sy.No.74 under Mareddpally I)igaha (where 741 1O ts a part) is in contradiction to Lhc Ordcrs undcr l)ecrcc datcd 18.O3.20IO in LGC 167 of 1997 on thc: l'ilc Special Court under A.P. Land (]rabbjng Probation Act is not only illegal, arbitrary, unlawful, u ncon stitutional and against to thc principles o[ natural justice.. ."

2. Heard learned counsel lor the petitioners and learned Assistant Government Pleader lor Stamps and Registration appearing for the respondent Nos. I to 4. With their cqnsent, this writ pc titiorl IS disposed of at the stage of \ admission. I i '.i I ) SK, J \\'P 7617 2025 3. Learnecl Counsel for thc petitiont-rs sLrbmits that the 2 issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.24329 ol 2024 dated 07.11.2024 and the sarre is not clisputed by the learned Assistant Government Pieader for Stamps and Registration

4. In vievu. of the said submissions and lor the reasons assigned by this Court in W.p.No.24329 of 2024 d,ated.

07.11,.2024, this Court deems it appropriatc ro dispose of the Writ Pctiiion clirccting thc rcgistcring nuthority to receive, rcgistcr and release the subject document, as expeditiously as possible, preferably, withir.r a period of four (04) weeks from the date of receipt of a cotrt-1- of this order. It is made clear that the registration of the subject document is subject to outcome of the W.p. No. lglo6 of 2010. lt is also made clear that if either of the parties are aggrieved by the orders to be passed in W.p.No. 19106 of 20lO,liberty is granted to parties to pursue their rcmeclies as available under law SK, J wP 763? 2025 It is made clear that mere registration of the document

5. J does not confer title on the subject property and it is also made clear that this order'*,ould 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 t he parties 1n asserting their rights before a competent Court of law.

6. Accordingly, the Writ Petition is disposed of. There shall be no o,uder'ii1€tito costs

7. The Registry is directed to annex a copy of the order dated 07.11.2024 in W.P.No.24329 ol2024 along with this

8. Miscellaneous applications, if any pending 1n this petition, shall stand closed //TRUE COPY// SD/.V.KAVITHA D PUTY REGISTRAR SECTION OFFICER To, 1 2 J e of Telangana, (Stamps The Principal Secretary, Revenue Department, S and Registration), Secretariat Buildings, Hyderaba The Commissioner and lnspector General (Stamps and Reiistrations)' 5-3- 953, Nizam Shahi Rd, Mo2amjahi Market, Herza Estate, Risala Abdullah Colony, Jam Bagh, Hyderabad, Telangana-500 095 The District Registrar, Hyderabad Registration Office Red Hills, Nampally, Telangana -500 003 d \_ 1 I

4. The Sub-Registrar Marg{pa]ly. Trilinga Colony, New Bowenpally, Secunderabad, Telangana-500 009

5. One CC to SRI l. SHARATH KUIVAR, Advocate [OPUC] 6: Two CCs to GP for Stamps and Registration, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies Along with a copy of the order dated 07.11.2024 in W.p.No.24329 of 2024. MP GJP :r --.v '.,ii .: . ,..ili , ..-,.aiij -\. t;;t , A.9j \ HIGH COURT DATED:1310312025 t I ( o rJ 1d6 SlAl t 2 7 lr\ 20?5 Ci D63 or, gA ORDER WP.No.7637 of 202i DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,4 i1l-r 0\ , \ \ t$*l;. THE HONOURABLE SRI WSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.24329 of 2O2+ ORDER Heard learned counsel for the petitioner and Sri.H.Rakesh Kumar, Ieamed Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.l to 4. With their consent, this writ petition is taken up for disposal at the stage of admission itself.

2. This writ petition is frled to declare the action of respondents more particularly respondent No.4 in not considering the petitioner representation dated 22.08.2024 pertaining to the propert5z i.e., plot No.27l, admeasuring 31 1. I 1 sq.yds., 1n Sy.No.7a/6, situated at Balamrai Cooperative Society of East Maredpally, Mahendra Hills, Secunderabad - 500 OOq registered uide Doc.No.4l/1998 dated 11.01.1988 at SRO Maredpally, Hyderabad for bny alienation while considering the same under List of the probation of Registration of Govt. Lands in reference to the Collector, Hyderabad District Lr.No.C3l1772/2024 dated

28.O9.2004 in terms of G.O.Ms.No.6O9 Revenue (Registration-I) Department dated 18.08.2004 the entire land admeasuring Ac.3O6-15 gts 1n Sy.No.74 under Maredpally Paigah 1S ln contradiction to the orders under decree dated 18.03.2O10 in LGC 2 'l \ No. 167/1997 on the file of Special Court under A.P. I;and Grabbing Probation Act as illegal, arbitrary and in violation of 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 - 500 0O9, having registered uide Doc.No.47 11988 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 1n 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 petitions were hled seeking registration of the documents in respect of the lands in Sy.No.74 at East Marredpally, Secunderabad, and this Court had directbd the registering authority to receive, register and release the documents presented t --, N:-- 3 1n respect of the land in Sy.No.74 at East Marredpally, Secunderabad and sought to pass similar order.

5. Learned Assistant Government Pleader for Stamps and Registration while acceding to the submissions made by the Iearned counsel for the petitioner would submit that many number of writ petitions have been liled on similar issue wherein no separate counter aflidavits have been filed however, in one of the writ petition i.e., in W.P.No. 11653 of 2013, which was disposed of on 23.07.2024 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 afhdavit fiIed in W.P. No.1 1653 of 2O 13, which reads as under: 'It is submitted that a comprehensiue land case utas filed bg the then Mandal Reuenue Officer, Manedpallg against the (7) Societies and as u.tell as some of indiuidual plot ouners of Sg.No.74 of Manedpally (Paigah) vtllage in L.G.C, No.167/97 in the SplCourt 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-O3-2O10. Aggieued bg the same, the then MRO, Manedpallg Mandal filed WP No.19106/2010, before the Hon'ble High Court and the same is pending. The Hon'ble Spl.Court dlsmissed the LGC on erroneous grounds without properlg appreciating the euidence of Gout. and as such uit petitton has been filed challenging the 4 same. Thus the LGC iudgment has not 'become final. Further submittei tnlat the litigation betLueen has not reached to its i;:o;;,;:,;";;"i;;G""t' looical end. Under such circumstances it can't be '!lri"i*f oiui'--n..u" Iost its ctaim' As such the iiiir"'", "f Gout' still subsists' In uieu of -the the interest of Gout' that subsists in t.he subject il"li''iit- a.'ieopo'ai'i if this w'P'' is attou'ted' -iii." it is ftaLle 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, utdeLGC 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 Revenue Offrcer' Marredpally'Mandal' frled WP No-19106 of 2010 before this Court and the same has been heard and reserved by the Hon'lcle Division Bench'

7. At this stage, learned 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 and since the cause in those writ petitions has beenservedthisCourthaddisposedthosewritpetitions,granting uberty to all the concerned parties to seek appropriate remedy' -. , , .*':.r lf- r -. ,,..:J 7 5 subject to outcome of the W.p. No. 19106 of 20IO, which is pending for orders before the Division Bench of this Court. Learned counsel for the petitioner prayed this court to dispose of the writ petition by passing similar order as vrucr as passed in those writ petltlons.

8. l,earned 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 authority to receive, register and release the subject document, as expeditiously as possible, preferabry' 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'19106 0f 2070' It is also made clear that if either of the parties are aggrieved by the orders to be passed in W.p.No. 19 106 of 2OlO, liberty is granted to parties to pursue their remedies as availabre under ]aw. 6

10. It is made clear that mere registration of the docurnent does not confer title on the subject property and it is arso made clear that this order would not have any bearing on all those matters where title/rights of the parties ire 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. 1 l. Accordingly, this writ petition is disposed of. Miscellaleous applications, if any pending, sha_ll stand closed. No order as to cost.

07.11.2024 N.V.SHRAVAN KUMAR,J