The High Court · 2025

Counsel for the Petitioner: SRI MANU Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER trr! THE HONOURABLE SRI JTISTICE K.SARATH WRIT PETITI ON No.12590 0F 202s ORDER: Heard learned counsel for the petitioner and . learned 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 itself.

2. It is the case of the petitioner that the Respondent No.3/Sub-Registrar has refused to receive and register the SaIe Deed dated O9.O4.2O2S presented by the petitioner in respect of H.No. lO_3_2O/3/g/A, covered by Plot No.L2O /2 in Sy.No.74l 1 1 situated at East Marredpally, under GHMC Secunderabad Circle and also stated that the State Government is claiming the subject property as 'Government land, in LGC No. 167 of 1997. Aggrieved by the action of the Registering Authority in not registering the subject document, the present writ petition is filed. 1 \ 2 SK, J u?_12590_2025

3. Learned Counsel for the petitioner submits that in similar matters, this Court disposed of W.P.No.11653 of 2013 dated 23.07.2024 and W.P.No.26345 of 2O2l dated

28.08.2024 and requested to pass similar order in this writ petition.

4. On the other hand, the Iearned Assistant Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the petitioner.

5. Recording the above said submissions made by learned counsel on either side and for the reasons alike in the orders dated 23.07.2024 and28.Oa.2O24, the Writ Petition is disposed of directing the respondent No.3/ Sub-Registrar to receive, register and release the Sa,le Dedd dated O8.O4.2O25 presented by the petitioner in respect of subject property and also granting liberty to both the parties to seek appropriate remedy 1n accordance with law, subject to the outcome of the order which would be passed in W.P. No.19106 of 2010, if so otherwise aggrieved. l 3 SK, J wP_12590_ZOZ5

6. It is made clear that mere registration of the document does not confer title on the subject property 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 el the! 1n 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. Miscellaneous Petitions, if any, pending in this writ petition sha,ll stald closed. 8 Registry is directed to annex copies of the orders in W.P.No.11653 of 2OI3, dated 23.O7 .2024 and W.P.No.26345 of 2021, dated 28.08:2024. //TRUE COPY// SD/-MOHD. ISMAIL PUTY REGISTRAR SECTION OFFICER Hyderabad. Hyderabad, State Of Telangana. '1 . Principal Secretary, Stamps and Registration Department, Secretariat, 2. Dislrict Registrar, Stamps and Registration Department, Nampally, 3. Sub-Registrar, Stamps and Assurance, East Marredpally, Secunderabad. 4. One CC to SRI MANU, Advocate [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the 6. Two CD Copies State ofTelangana, at Hyderabad. [OUf] (Along with a copy of the orders in WP.No.1 1653 of 2013 dated 23.07.2024 and WP.No.26345 ot 2O21, dated 28.08.2024) To PSK GJP HIGH COURT DATED:2510412025 1 \ ORDER WP.No.12590 of 2025 <7,;i; c l: r :J [1 t'lAY 2tr6 z a I t l5 sp^rct\e9 * DISPOSING OF THE WRIT PET]TION WITHOUT COSTS THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.25345 of 2O2l ORDER Heard [earned counse[ for the petitioners and learned Assistant Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposa[.

2. lt is the case of the petitioners that the Registering Authority has refused to register the subject document on the ground that the State Government is ctaiming the subject property as 'Government land'in LGC No.167 of 1997. Aggrieved by the action of the Registering Authority in not registering the subject document, the present writ petition is fited.

3. This Court granted interim order on 22.10.2021, directing the Registering luthcirity to receive and process the subject document, subject to the outcome of WP No.19106 of 2010 fited by the State Government against the order passed by Speciat Court under A.P.Land Grabbing (Prohibition) Act, 1982 in LGC No.167 of 1997.

4. Today, when the matter has been taken up for hearing, learned counsel for the.petitioners submits that in pursuance to the interim I 2 l order passed by this Court on Z2.1O.ZOZ1 , the Registering Authority have registered the subject document and further submits that in view of interim order passed by this court no further orders are required in this Writ petition.

5. Learned Assistant Government pleader for Stamps and Registration woutd submit that the subject matter in this writ petition is squarely covered by the order passed by this court in wp No.11653 of 2013, dated 23.07.2024, and the relevant paragraphs reads as under: "6. Leorned Assistont Government pleoder for Stomps and Registrotion would submit thot counter offidavit hos been filed on beholf of respondent No.2 i.e., District Collector, Hyderobod, and the Parograph No.g reods as: tiRO, tttorredpouy -'nonaoi-'Jiba 'lt is submitted that a comprehensive land cose was fited by the then lvlondot Revenue Officer, UirreapaUy agoinst the (7) Societies ond as wetl is ,o^" i1 ii1iviouot ptot ?.!e!s of Sy.No.74 lf ltgryedpotty (piisoh) virrase in L.G.C, No.t67/97 in the Spt.Court riai, i]ctil Act, 1982. .H-on'bte Spt.Court, under A.p.L.G df ilt dismissed The the LGC No.t67/97 on t8-03_2OtO. nggriiieA iy the some, !!" .^l!f, No.19106/2010, before the konlbte Uigi Cou:rt and the some is pending. The Hon,bte Spl.Court-dismissed the LGC on.erroneous grounds. without properly oppreciating the evidence of Govt. ond os such irit'petitio;'i;;be"iyrua chollenging the same. Thus the tAC irisiirt has not become finot. Further submitted tiot'tni Uilgation between the porties and the Govt. hos iot reiched to its logicol end. tJnder such circumstonces ii catt be said thot Govt. have lost its cloim. l,s such tii'interest of Govt. still subsists. ln view of the obove tie'interest o1 -----='Tr J Govt. that subsrsts in the subject lond will be jeopordized ' if this W.P. is allowed. Hence it is liable for dismissol.'

7. Leorned Assistont Government Pleader would submit thot subjett matter was eorlier adjudicoted by the Spl.Court under A.P.L.G.(P) Act, 1982, vide LGC No.t67 6i 1997, however the soid LGC No.167 ol 1997 has been dismissed on 18.03.2010. Aggrieved the same, the lAandal Revenue Officer, tularredpally Mondal, filed WP No.19106 of 2010 before this Court and the Hon'ble Division Bench has heord and reserved for orders.

8. Learned Assistant Government Pleader would further submit thot many porties hove filed writ petitions on the similor issue and obtained interim order ond thereofter the respondent outhorities hove received, registered ond released the documents therein, however fairly submits that in most of the coses, the respondent authorities have not filed counter- affidovit and the counter-affidoit filed in this writ petition moy be adopted in all these similor pending writ petitions, as the issue involved in oll the pending writ petitions is one ond the some ond proy this Court to dispose of oll the pending writ petitions, granting liberty to oll the concerned parties to seek appropriote remedy, subject to the out\ome of the order which would be poss in WP No.19106 of 2010.

9. Recording the submission made by the leorned counsel on either side ond in view of the fact thot the subject document is register-ed in pursuont to the interim order, this Court deems it appropriote to disposed of the writ petition gronting liberty to both the parties to seek appropriote remedl, in .accordonce law, subject to the outcome of the order which would be poss in WP No.t9106 of 2010, if so othenaise oggrieved." 4

6. Learned counsel for the petitionerss fairly submits that simltar order may be pass in this writ petition.

7. Recorbing the above submission made by learned counsel on either side and in terms of order passed by this Court in WP No. l1653 of 2013 dated 23.07.2024, this writ petition is disposed of granting tiberty to both the parties to seek appropriate remedy in accordance with taw, subject to the outcome of the order which would be passed in WP No.19106 of 2010, if so otherwise aggrieved.

8. lt is made ctear that mere registration of the document does not confer title on the subject property and it is atso made ctear that this order would not have any bearing on a[[ those matters where titte/rights of the parties are pending before the authorities either in revision/appeats for adjudication and in any other case this order also does not preclude the parties in asserting their righs before a competent Court of law.

9. Accordingly, this writ petition is disposed of. Misceltaneous applications, if any pending, shatt stand closed. No order as to cost.

28.08.2024 SU N.V.SHRAVAN KUMAR,I THE HONOURABLE SRI IUSTICE N.V.SHRAVANKUMAR WRIT PETITION No.11653 of 2O73 ORDER: Heard [earned counser for the petitioner and learned Assistant Government Pteader for stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of.

2. This writ petition is fited seeking the fo[owing prayer: "to direct directing the Respondent No.4 to register the Sate Deed doted 10.04.2006, pertoining to property in plot beoring No.lN, admeasuring 266 Sq yords in Survey No.74/3 in ltts Rovi Cooperative Housing Society Limited, tilohindra Hilts, Atarredpa\y Secunderobod Contonment secunderabod executed in petitioners fovor by one Smt Kirni Boi after declaring the refusar endorsement No.57t07 doted r9t09r2a07 of the Respondent No-4 os illegol arbitrary ond unconstitutional and releose the soid document to the Petitioner.,'

3. Learned counsel for the petitioner submits that one smt.Kirni Bai was the absolute owner of plot No.100, admeasuring 266 sq.yards, in survey No.74l3, in M/s.Ravi Co-operative Housing society Limited (Mahendra Hilts), Marredpally, secunderabad cantonment, thereafter smt.Kirni Bai executed sate deed dated 10.04.2006 in respect of subject property in favour of petitioner. Subsequently, petitioner approach Registering Authority to register the subject property, however,'the Registering Authority has refused to register the subject document. Aggrieved by the same, this writ petition is fited. z

4. Today when the matter has been taken up for hearing' lea.rned counselforthepetitionersubmitsthatthisCourtgrantedinterimorderon

17.M.2013, wh.ich reads hereunder: "ln the tight of the interim direction granted by this Court in simitar matters, there shatt be a direction to respondents 3 and 4 to receiVed and register the documents presented by the petitioner in respect of Ptot No. l00 in Survey No.74l3 of East Maredpatty, Secunderabad Cantonment in the event the document futfits the requirements of [aw, without referencetothectaimoftheGovernmentthatitisGovernmentland. The registration shatl however be subject to the resutt of this writ petition."

5.Learnedcounselforthepetitionersubmitsthatinpursuancetothe interim order passed by this court on 17.04.2013, the respondent authorities haveregisteredthesubjectpropertyandfurthersubmitsthatinviewof interim order passed by this court no further orders are required to be passed in this Writ Petition.

6. Learned Assistant Government Pleader for Stamps and Registration wouldsubmitthdt.counteraffidavithasbeenfitedonbehatfofrespondent No.2i.e.,DistrictColtector,Hyderabad,andtheParagraphNo'8readsas: "lt is submitted that o comprehensive lond case was filed by the then iondal Revenue Officer, l(orredpolly ogainst the (7) Societies and os well os some of individual plot owners of Sy'No'74 of l,larredpally (Paigah) villoge in L-G-C; No'167197 in the Spl.Couri under L.G(P) Act, 1982- The Hon'ble Spl'Court, under A.P.L.G.(P) Act dismissed the LGC No-167197 on 18'03'2010' Aggrieved by the same, the then ltRO, ttorredpally ttandal filed -l 3 WP No.19106/2010, before the Hon'ble High Court and the same is pending. The Hon'bte Spl.Court dismissed the LGC on erroneous grounds without properly oppreciotiry the evidence of Govt. ond as such writ petition hos been filed challenging the same. Thus the LGC judgment has not become final. Furthet submitted thot the Iitigation between the parties ond the Govt. has not reached to its logicol end. Under such circumstances it can't be said thot Govt. have lost its cloim. As such the,ihterest of Govt. still subsists. /n iew of the obove the interest of Govt. that subsists in the subject land will be jeopardized if this W.P. is ollowed. Hence it is liable for dismissol."

7. Learned fusistant Government Pleader woutd submit that subject matter was earlier adjudicated by the Spt.Court under A.P.L.G.(P) Act, 1982, vide LGC No.167 of 1997, however the said LGC No.167 of 1997 has been dismissed on 18.03.2010. Aggrieved the same, the Manda[ Revenue Officer, Marredpatty Mandal, fited WP No.'19106 of 2010 before this Court and the Hon'ble Division Bench has heard and reserved for orders.

8. Learned Assistant Government Pteader woutd further submit that many parties have fited writ petitions on the similar issue and obtained interim order and thereafter the respondent authorities have received, registered and reteased the documents therein, however fairly submits that in most of the cases, the respondent authorities have not filed counter- affidavit and the counter-affidavit fited in this writ petition may be adopted in a[[ these similar'pending writ petitions, as the issue involved in a[[ the pending writ petitions is one and the same and pray this Court to dispose of 4 .) att the pending writ petitions, granting liberty to a[[ the concerned parties to seek appropriate remedy, subject to the outcome of the order which would be pass in WP No.19106 of 2010.

9. Recording the submission made by the teained counsel on either side and in'view of the fact that the subject document is registered in pursuant to the interim order, this Court deems it appropriate to dispose of the writ petition granting tiberty to both the parties to seek appropriate remedy, in accordance with [aw, subject to the outcome of the order which would be pass in WP No.19106 of 2010, if so otherwise aggrieved.

10. lt is made clear that mere registration of the documen, Oo", no, confer title on the subject property and it is also made ctear that this order woutd not have any bearing on all those matters where titte/rights of the parties are pending before the authorities either in revision/appeats for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of taw.

11. Accordingty, -this writ petition is disposed of. Miscellaneous apptications, if any pending, sha[[ stand ctosed. No order as to cost.

21.07 .2024 SHA N.V.SHRAVAN KUMAR,I