Smt. Chett-upalli Sqtqtl Sonia v. 2. T.he lnspector General of Stamps and Registration

Counsel for the Petitioner: SRI M.V.HANUMANTHA RAO Counsel for the Respondents: AGP FOR STAMPS AND RE(iISTRATION The Court made the following: ORDER ;-' THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.8835 of 202s ORDER: Heard learned counsel for the petitioner and iearned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Aggrieved by the order passed by the respondent No.3 uide Proc.No.E/ 1881/Appeal / 2025, dated 15.03.2025 conf,rrming Refusa-l Order No.2/2025, dated 04.03.2025 issued by the respondent No.4 with regard to refusal of pending Document No.P.17 /2025, ttre present writ petition is filed.

3. Learned counsel for the petitioner submits that in similar circumstances, this Court disposed of the W.P.No.3O1O3 of 2024 on 04.11.2024 and requested to pass similar order in this writ petition also. I 2 sr, J W.I'.No.8835 of 2O25 \ 4 On the other hand, the learned Assistant Government Pleader for Stamps and Registration is not disputing the submission made by the learned counsel for the petitioner.

5. In view of the above made submissions by both sides and for the reasons alike in the order in W.P.No.3O103 of 2024 on 04.11.2024, this writ petition is disposed of by directing the respondent No.4 i.e., the Sub- Registrar, Bowenpally, Hyderabad District to receive, register and release the subject document. [t is made clear that the registration of the subject docume et is subject to outcome of the W.P.No. 19106 of 201O. It is ilso made clear that if either of the parties is aggrieved by the orders to be passed in W.P.No.19106 of 2OlO,liberty is yanted to both the parties to pursue their remedies as avail,rble under law. 6 It is made clear that mere regiritration of the document does not confer title on the subje:t proper[r and it is also made clear that this order woul<l not have any I bearing \ on all those matters where titli /rights of the ?' To W PSK. LS 3 SI(, J W.P.No.8835 of 2025 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. However, there shall be no order as to costs.

7. Registry is directed to annex copy of the order in W.P.No.3O 103 of 2024 on 04. tL.2024.

8. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.SMT. C. DEEPIKA s STANT REG SECTION OFFICER epartment Secretariat,

1. The Principal Secretary, Stamps and Registration 2 Hvderabad, State of Tela The lnspector General of Hvderabad noana. S"tamps and Registration, State of Telangana, At g i6"b'Srict Registrar, Stamps and Assuranc-e, Hyderabad' 4. The S ub Regi st-ra r, Bowen pal ly' t{yd eJa b^ad.Di strict 5. o;;bCb-s"Rl M.V.Hnruuuni'ttin nao' Advocate [oPUC] 6 i;; cc.i"-ci Fon Srnvtps AND REGisrRArloN, Hish court for the 7. Two CD CoPies ' State ofTelangana, at Hyderabad. [OUT] inii"-g**ittl-i copy of the order dated 04:1'2024 of WP'No'301 03 of 2024) HIGH COURT DATED:2910412025 ORDER WP.No.8835 of 2025 q l lll 5 14 (' r(. o^' | 3 ,tuu ZW ,J i-) ) DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( 4 tG .f THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.3O1O3 ot 2024 ORDER: The present writ petition is frled to declare the action of respondent Nos.2 and 3 in objecting to entertain the sale deed in respect of the property i.e., all that the part of land in open plot bearing No.23 admeasuring 70 sq.yds., situated at East Maredpally, Secunderabad in Sy.No.74/7 forming part of Dhanalakshmi Cooperative Housing Society, Secunderabad (subject property) as illegal and arbitrary and consequently direct respondent Nos.2 and 3 to entertain the document and to give effect registration over the abovementioned property and release the document.

2. Heard learned counsel for the petitioners and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 3 . With their consent, this writ petition is taken up for disposal at the stage of admission itself. I 2

3. Learned counsel for the petitioners s;ubmits that petitioner No.1 is the owner of the subject property and petitioner No.2 is intending to purchase the propert5r in plot bearing No.23 admeasuring 70 sq.yds., situated at East Maredpally, Secunderabad in Sy.No.7.t /7 fol:r,ing part of Dhanalakshmi Cooperative Housing Society at East Maredpally from petitioner No. 1 who is the owner of the said property having purchased the salne through registered sale deed No.253 12021 dated 28.01.2O2t. Petitioner No.1 also obtained the subject prope -ty by way of lrling writ petition in W.P.No.24275 of 2O2O.

4. Learned counsel for the petitioners submitted that the petitioners approached the Sub-Registrar, Bowenpally for execution of the sale deed. However, resptndent No.3 has refused to register the subject document basing on the ground that Sy.No.74 in Cantonment arel is under prohibitory list. Aggrieved by the same, this writ petition is Iiled

5. Learned counsel for the petitioner sulrmitted that many writ petitions 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 in respect of the land in Sy.No.74 at East Marredpally, Secunderabad and sought to pass similar order

6. Learned Assistant Government Pleader 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 afhdavits have been hled however, in one of the writ petition i.e., in W.P.No.11653 of 2013, which was disposed of on

23.O7.2024 by this Court, a counter affidavit has been hled 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 affidavit filed in W.P. No. 1 1653 of 2013, which reads as under: "It is submitted that a comprehensiue land case u)as filed bg the then Mandal Reuenue 4 Officer, Marredpallg against the (7) Societ,es and as u-tell as some of indiuidual plot ou-trcrs of Sy.No.74 of Manedpallg (Paigah) uill,rye 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. Aggrieued by the same, the then MRO, Marredpallg Mandal fiIed WP No.19106/2O10, before the Hon'ble Higt Court and the same is pendtng. The Spl.Court dismissed the LGC on errofteous g -ourtds utithout properlg appreciating the euide,nce of Gout. and as such wit petition has be<:n fiIed, challenging the same. Thus the LGC jurt.gment has not become final. Further submitted tttat the litigation betuteen the parties and the Go ft. ltas not reached to its logical end. (Jnde r such circumstances it can't be said that Gouetnment had lost its claim. As such the inter est of Gouernment sdll subsisfs. In uiew of the aboue the interest of Gout. fhat subsists in the :.ubject Iand toill be jeopardized if this W.p. is al,outed-. Hence it is liable for dismissal."

7. Learned Assistant Government pleader would submit that subject matter was earlier adjudit:ated by the Spl.Court under A.P.L.G.(P) Act, 1982, vide LGC No. 16Z of 1997, however the said LGC No.167 of t99Z has been .f, 5 dismissed on 18.03.2010. Aggrieved by the same, the Mandal Revenue O{ficer, Marredpally Mandal, filed WP No.19106 of 2010 before this Court and the same has been heard and reserved by the Hontrle Division Bench.

8. 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 and since the cause in those writ petitions has been served this Court had disposed those writ petitions, granting liberty to all the concerned parties to seek appropriate remedy, subject to outcome of the W.P.No.191O6 of 2010, 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 passed in those writ petitions. 6

9. Learned Assistant Government Plea ler has not disputed the same.

10. Having regard to the facts and circt mstances of the case and recording the submissions n ade by the learned counsel on either side, this Cout t deems it appropriate to dispose of the writ petition c.irecting the respondent No.3 to receive, register and releasr: the subject document. It is made clear that the registrrrtion of the subject document is subject to outcor:re of the W.P.No.19106 of 2010. It is also made clear thrLt if either of the parties are aggrieved by the orders to b: passed in W.P.No.19106 of 2OlO, liberty is granted tr, parties to pursue their remedies as available under law. 1 1. It is made clear that mere registrz tion of the document does not confer title on the subject p roperty and it is also made clear that this order would not have any bearing on all those matters where title/ ri1;hts of the parties are pending before the authorities either in revision/appealS for adjudication and in any other case .{. 7 this order also does not preclude the parties in asserting their rights before a competent Court of law

12. Accordingly, this writ petition 1S disposed of Miscellaneous applications, if any pending, shall stand closed. No order as to cost.

04.71.2024 MRM N.V.SHRAVAN KUMAR, J