High Court · 2025

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to pass an order, direction or writ more particurarry one in the nature of writ of mandamus decraring action of the respondent Nos.2 and 3 in refusing to register the sale Deed, Dated 16.o42o1s presented by the petitioners in respect of semi Finished Residentiar Frat Bearing 201, second Froor, consisting of 1100 sq. ft built up area, together with undivided share of rand admeasuring 49.625 sq.yds out of 397 sq.yds, in Shaila Vayuputra Mansion on plot No.12, Sy.No.7419, situated at East Marredpafly, Secunderabad as iflegar, arbitrary and against the provisions of law and consequenfly direct the respondent Nos.2 and 3 to receive and register the document presented by the petitioners pertaining to the above property thereby to release the same in accordance with law. - ---- -=z l.A. NO: 10 F201s(WPMP. NO: 20869 o F201s) Petition under Section 14.t the arridavit rir"d i, .;;;::fr}:::':^]:i," DIRECT the respondent N,.," ; ; ; :"1"'1 r 6.o4.2o1s,presented o Ftat Bearins zor, seconl tot. the Petitioners ^n/_ '& 3 to receive and '" rhe circumstances srated in tne High (lourt mav be preased to .."t*tt'17'llllT;:ff::f:::1 j;'J:ffi"t:,,:T ::,# i J;H,l :lT :: ; -X'; ];: Marredpa,y, r".,,o"."o"l;":;r::":",::: ;" :]J: r* srt,,t"o -:,'";,., Counsel for the petitionei counser r"',iiJ n".JJi.,Ini:,iS HESHwARf, The Court made the following: ORDER EDDy THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR w.P. No.16035of 20LS - ORDER: euestioning the acdon of the respondents, Registering Authority' in refusing to register the semi Finished Residential Frat bearing 201, II Floor, consisting of 11O0 sq.ft., built up area, together with undivided share ol sqvds , out or 3e7 sqyds, in sha,a "#""'H:::':-"-".:r . No. 12, Sy.No.Z4/9, situated at East Marredpally, Sccunderabad (hereinafter referred to as "the subject property") on the ground that the subject property is claimed by the Government in LGC No.167/ 1992, thepetitioner filed the present writ petidon.

2. It is the casc of the petitioners that they intended to purchase the subject property by paying sale consideradon to their vendor and entered into a sale deed dated ]6.O4.2OLS wi r them. Thereaftcr, approached the registering au thority, responden t No. 3, Su b_Registrar, Marredpally (Bowenpally), who refused to register the same on the ground that it is a Government land. Hence, the pefitioners filed the present wri t petition

3. The learned counsel for the petitione rs rvould submit that the Government had fited LGC No. 167 of 1996 claiming the subject survey number as it is a Government land and the same was dismissed on 18.03.201O by the Special Court. Thereafter, the Government filed a k:-ry;l#. -1 \\'r1t petition in W.p. No 19106 ol 2Oi,O that was ireard ancl rescrwcd for orders by the Division Bench of this Court. -I

4. The learned counsel would further submit that this Court on 09.06.2015 in WpMp. No.2O869 of 2013 passed interim direction to the Registering authority to register the subject documen r, however, the rcgistration of the subject document be subject to the outcomc of the writ petition filed against LGC No. 167 ot 1997 and barch. He would further submit that ln pursuance to :hc said interim direction the subject document was registered and srnce the cause in the prescnt writ petition has becn served no furthcr orders are required to be passed.

5. On the other hand, the learned Assistant (]ovr.rnrnent pleader for Stamps and Registration while acceding to the surrmissions made by the learned counsel for the petitioners wourd furtrrer submit that many number of writ petitions have been filed or- similar issue wherein no separate counter affidavits have been filed however, in similar writ petition 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/adoptecl as a counter averments in al1 the similar matters and the present writ petition is one among similar pending writ petitions and requestec to drspose of the present writ petition with a liberty to either of rhe parties to pursue their remedies as available under law subject ro outcome of b-_. _ * i' l .'lri: *. .{ i I I) ;l the W.P, No.191O6 of 2O1O, which is pending for orders before the Division Bench of this Court.

6. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Stamps and Registration and perused the material made available on the record.

7. The counter affidavit stated to have been filed in W.p. No.I1653 of 2Ol3 by the respondent No.2, District Collector therein, is taken on record as the counter affidavit has been filcd as an adopted one in the present writ petition. In the said counter afhdavit at para No.g stated as under: "8. It is submitted that a comprehensive land case was fi.led by the then Mandal Revenue Officer, Marredpally against the (7) Socieries and as well as some of individual plot owners of Sy.No.74 of Marredpalty (paigah) village in LGC. No.l67 /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.t67 /97 on 18.03.2010. Aggrieved by the sarrre, the then MRO, Marredpally Malda.l l-rled Wp. No.19106/2010 bcfore the Hon'ble High Court and the same is pending. The Hontrle Spl.Court dismissed the LGC on erroneous grounds without properly appreciating the evidence of Govt. and as such writ petition has been filed challenging the same. Thus the LGC judgrnent has not become frna_I. Further submitted that the litigation between the parties and the Govt. has not reached to its logica.l end. Under such circumstances it can't be said tiat Govt. have lost its clarm. As such the interest I I I , I &::=_:._. of Govt. still subsists. In view of the abtvc thc intcrest of Govt. that subsists in the subjcct land will be jeopardized if this W.P. is allowed. Ilence it is liable for dismissa_I."

8. Having regard to the facts and circumstances of the case, recording the submissions made by the learned counsel on either side that subsequent to the interim orders passed b1. this Court, subject document has been registered and no furthr:r cause would be survived for further adjudication, this writ petition is disposed ol with a liberty to either of the parties to pursue their remedies as available under law subject to outcome of the W.P. No. 19106 of 201O, which is pending for ordels before the Division Bench of this Oourt.

9. However, it is made clear that mere registration of lhc document does not confer any title on the subject property and this order would not have any bcaring on all those matters wherc title/ rights of thc parties are pending before the authorities either in revision/ appeals for adjudication and in any other case this ordcr also rvould nol preclude the parties in asserting their rights belore the competen[ Court ol law. 1O. Accordingly, this writ petition is disposed of. 'I'here shall be no order as to costs. As a sequel, miscellaneous applications p,:nding, if any, shall stand closed. //TRUE COPY// To 1 The Princioal Secretary, Revenue Department (S Secretariai, Hyderabad. State of Telangana' -------. . f-:--== *t-_: .-ir. I SD/- L. LAKSHMI BABU SISTANT REGISTRAR \\ SECTION OFFICER mps and Registration), -l 2 J 4 E 6 The District Registrar, Stamps and Assurance, Hyderabad District, Nampally, Hyderabad. The Sub Registrar, Marredpally (Bowenpally), Secunderabad. The District Collector, Hyderabad District, Hyderabad. One CC to SRI G.RAJESHWAR REDDY, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies 7 PSK. GJP O$L -:' :..4 1:t. 'i&. ,J I I I ( HIGH COURT DATED:10102t2025 ORDER WP.No.16036 of 2O1S ti .. t- J J fyt,ti 2t25 o\ a t ;pa r.:*EO. DISPOSING OF THE WRIT PETITION WITHOUT COSTS UttP ?,\e t\$