The High Court · 2025

Counsel for the Petitioner: SRI S.M.SAIFULLAH Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER -- THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12186 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 4. With their consent, this writ petition is disposed of at the stage of admission.

2. Learned counsel for the petitioner submits that this writ petition is filed by the petitioner questioning the action of the respondent No.4 in not receiving and registering the Sale Deed presented by the petitioner overa-Il that House on Plot No.95 forming part of Sy.No.74/4, admeasuring to an extent of 2O3.5O squa.re yards consisting of cellar floor Built-up area 1145.50 square feet and ground floor built-up area 1145.50 squa-re feet situated at Vyjayanthi Colony, Mahindra Hills, East Marredpally, Secunderabad.

3. Learned Counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by 1 the order passed by this Court in W.P.No.24329 of 2024 / t sx, \ WP.N'.127A6 oJ 2025 dated 07. 11.2024 and the same is not disputed by the 2 learned Assistant Government Pleader for Stamps ald Registr2tion. In view of the said submissions and for the reasons

4. assigned by this Court in W.P.No.24329 of 2024 dated

07.11.2024, this Court deems it appropriate to dispose of the Writ Petition directing the registering authority to ..i i receive, register and release the subject document, as expeditiously as possible, preferably, within a period of four (O4) weeks lrom the date of receipt of a copy of this order' It is made clear that the registration of the subject document is subject to outcome of the W.P. No.191O6 of 2O10. It is also made clear that if either of the parties are aggrieved by the orders to be passed in W.P.No.19106 of 201O, liberty is granted trr parties to pursue their remedies as available under lant,. It is rnade clear that mere registration o1 the document

5. doeS not <:onfer 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 \ \ t Slr, .I wP.No.12186 oJ 2O25 pending before the authorities either in revision/appeals for 3 adjudication and in any other case this order also does not preclude the parties 1n asserting their rights before a competent Court of law.

6. Accordingly, the Writ Petition is disposed of. There sha,ll be no order as to costs.

7. The Registry is directed to annex a copy of the order dated 07.11.2024 in W.P.No.24329 of 2024 along with this order.

8. Miscellaneous applications, if any pending in ttris petition, shall stand closed. //TRUE COPY// SD/.MOHD, ISMAIL DE Ury REGISTRAR SECTION OFFICER I ad, State of To

1. The Principal Secretary, Revenue, Secretariat, Hyde Telangana. Hyderabad.

2. The Commissioner of Stamps and Registration, Government of Telangana,

3. The District Registrar, Red Hills, Hyderabad District, Hyderabad. 4. The Sub Registrar, Bowenpally, Secunderabad. 5. One CC toSRl S.M.SAIFULLAH, Advocate [OPUC] 6. Two CCs to GP FOR STAMPS & 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) PSK GJP *y HIGH COURT DATED:2410412025 I ORDER WP.No.12186 of 2025 y1E SIaT (' c^ 1 J* ) 1-) 0 1 llAY 2[25 o t DESpnt cttrO {'+ t DISPOSING OF THE WRIT PETITION WITHOUT COSTS +- T- THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.24329 of 2024 ORDER: Heard learned counsel for the petitioner and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 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 congidering the petitioner representation dated 22.08.2024 pertaining to the property i.e., plot No.271, admeasuring 311.11 sq.yds., in Sy.No.74/6, situated at Balamrai Cooperative Societ5r of East Maredpally, Mahendra Hills, Secunderabad - 500 OO9 registered zzde Doc.No.41l1998 dated 11.01.1988 at SRO Maredpally, Hyderabad for any alienation while conSidering the same under List of the probation of Registration of Govt. Lands in reference to the Collector, Hyderabad District Lr.No.C3/ 17 12/2024 dated

28.09.2004 in terms of G.O.Ms.No.6O9 Revenue (Registration-I) Department dated 18.08.2004 the entire land admeasuring Ac.3O6-15 gts., in Sy.No.74 under Maredpally Paigah is in contradiction to the orders under decree dated 18.03.2010 in LGC 2 No.I67/1997 on the flle of Special Court under A.P. Land Grabbing Probation Act as illegal, arbitra5r 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 3i1.11 sq.yds., in Sy.No.74/6, situated at Balamrai Cooperative Society of East Maredpally, Mahendra Hills, Secunderabad - 5OO OO9, having registered uzde Doc.No.41 /7988 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 37.07.2024 and approached the respondent No.3 for registration. However, respondent No.3 ha.s refused to register the subject document basing on the ground that Sy.No.74 in Cantonment area is under prohibitory list. Aggrieved by the same, this writ'petition is frled.

4. Learned counsel for the petitioner submitted that many writ petitions were frled 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 register and release the documents presented authority to receive ' l z'-l , \ 3 in 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 learned counsel for the petitioner would submit that many number of writ petitions have been filed on similar issue wherein no separate counter affidavits 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 frled 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. 11653 of 2013, 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 uLell as some of indiuidual plot owners of Sg.No.74 of Manedpallg (Paigah) uillage 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. Aggieued bg the same, the then MRO, Manedpallg Mandal filed WP I[o.191O6/2O1O, before the Hon'ble High Court and the .same is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds raithout properlg appreciating the euidence of Gout. and as such writ petition has been filed challenging the 4 same. Thus the LGC judgment has not become final. Further submitted that the litigation betueen -the parties and the Gout. has not reached to its togiiat erd.. [Jnder such circumstances it can't be "iid tnot Gout. haue lost ifs claim. As such the interest of Gout. sfill subsisfs. In uieu't- of the aboue the interest of Gout. that subsists in the sub-iect land. u-till' be-jeopardized if this W'P' is allotued' Hence it is liable for dismissal."

6.LearnedAssistantGovernmentPleaderwouldsubmitthat subject matter was earlier adjudicated by the Spl'Court under A.P.L.G.(P) Act, 1982, uideLGC 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 Officer, Marredpally Mandal' filedWPNo.lgi06of20lobeforethisCourtandthesamehas been heard and reserved by the Honble 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 thedocumentspresentedbeforethem,withoutreferencetothe claim of the Government that it is Government land and in pUfsuance to the said interim direction the documents therein Were registered and since the cartse in ttrose writ petitions has ' r:--^"'{ those writ petitions ' granting b""rt *"*"i this Court had disposed ttrose wt parties to seek appropriate lsmedy' tbertY to all the concemed " - t l .^ 5 subject to outcome of the W.p. No.19106 of 2010, which TS 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.

8. Learned 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, preferably, within a period of three (03) weeks from the date of receipt of copy o[ this order. It is made clear that the registration of the subject document is subject to outcome of the W.p. No.19106 of 2OlO. It is also made clear that if either of the parties are aggrieved by the orders to be passed in W.p.No. 19106 of 2010, liberty is granted to parties to pursue their remedies as available under law. 6 {. lO. 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 learing 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 the parties 1n asserting their rights before a competent Court of law. I l. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to cost.

07.t1.2024 N.V.SHRAVAN KUMAR,J I I