Smt v. registering the Mortgage Deed presented by the

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 and register the Mortgage Deed over all that Residential House bearing No. 10-325/5/9 latl prl No. 1291 0 1 5337 otd H.No. 10- 3-251519 Survey No.74l1 1 admeasuring 70 Sq. yards out of 120Sq. yards at Addagutta, East Marredpally, Secunderabad. Counsel for the Petitioner: SRI JAKKULA SRIDHAR Counsel for the Respondents: AGp FOR STAMPS & REGISTR,ATION The Court made the following: ORDER ,7 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITI ON No.12 223 ot 202s ORDER: Heard learned counsel for the petitioner and Iearned 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 hled by the petitioner questioning the action of the respondent No.4 in not receiving and registering the Mortgage Deed presented by the petitioner overar that residential house bearing No.1O-325lS/9/a/ 1 P"fI No. 1291015337 (Old H.No. 10-3_2 s/ S /s) 1n Sy.No.74l I 1, admeasuring to an extent of 70 square yards out of 12O square yards at AddagUtta, East Marredpally, J Secunderabad.

3. Learned Counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.p.No.243 29 of 2024 2 SK,J\ I WP.No.12223 ol 2O25 dated 07. ll.2)24 and the same is not disputed by the -! learned Assistant Government Pleader for Stamps 'and Registration.

4. In view of the said submissions and for the reasons assigned by this Court in W.P.No.24329 of 2024 dated

07.71.2024, 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 four (O4) weeks from 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.19106 of 2o1o' It is ,.r,'i i'1 a-lso made clear that if either of the parties are aggrieved by the orders to be passed in W.P.No. 19106 of 20 10, liberty is granted to parties to pursue their remedies as available under law. '

5. 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 / - I -'7'l SI(, J lEP.No.12223 of 2O2S pending before the authorities either in revision/appeals for 3 adjudication and in any other case this order a-lso does not preclude' the parties in asserting th.eir rights before a competent Court of law.

6. Accordingly, the Writ petition is disposecl of. There shall be no order as to costs.

7. The Registry is directed to annex a copy of the order dated O7.11.2024 in W.P.No.24329 of 2024 aJong with this order.

8. Miscell:Lneous applications, if any pending in this petition, shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER I To Hvderabad. Telanoana.

1. The Principal Secretary, Revenue, Secretariat, Hyderabad' State of z iiitlr"rissioner of Stamps and Registration, Government of Telangana' e. i#"O,.tri"i Registrar, Red Hills, Hyderabad. District' Hyderabad' i. rii" Sun Regisirar, Marredpally, Secunderabad, - -. d. d;-cdb s-Rt LAkkum sRlbHAR, Advo-cate [QPtlcl 6. i;; d6.L-e ilbasrAMijS& CE'e iSi-nnrrdN, High court for the state - 7. Two CD CoPies ' oifef"ng"na, at HYderabad. IOUII iAilg *itti-icopy of the order dated 07'11'2024 in WP'No'24329 of 2024\ ey/ PSK GJP HIGH COURT DATED:24tO4t2O2S ORDER WP.No.12223 ot 2O2S 1 a' U 1 r{E S IA, (- 01 ilAY ?0?5 c t D6ii oAT C\lr-o * DISPOSING OF THE WRIT PETITION WITHOUT COSTS -- @ ,l o \ I, ,1 \ I i I I THE HONOURABLE SRI JUSTICE N'V'SHRAVAN KUMAR ' WRIT PETITIO N No.24329 of 2o24 ORDER: Heard learned counsel for the petitiorrer and Sri'H'Rakesh Kumar, learned Assistant Government Pleader for Stamps and Registration appearing for the rgspondent 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 filed to declare the aqtion of respondents more particularly respondent No'4 in not considering the petitioner representation dated 22 'O8 '2024 pertaining to the property i.e., ptot No'271, admeasuring 311'11 sq'yds'' irt Sy.No.74/6, situated at Balamrai Cooperative Society of East Maredpally, Mahendra Hills, Secunderabad - 5OO OO9 registered uide Doc.No.{1/1998 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 theCollector,HyderabadDistrictLr'No'C3/L7\2l2024dated 28.OL.2OO4 in terms of G'O'Ms'No'609 Revenue (Registration-I) Departrirent, dated 18'08'2004 the entire land admeasuring Sy.No.74 under MaredPallY Paigah 1S ln Ac.306-15 gts contradiction to the orders under decree dated 18'03'2010 in LGC 1n I 2 No.167/I997 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. l,earned 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 OO9, having registered rade Doc.No. 4I / 1988 dated 1 1.O 1. 1988 at SRO, Maredpally, Hyderabad. It is further submitted that the I 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 has 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 liled.

4. Learned counsel for the petitioner submitted 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 I authority to receive, register and release the documents presented I I 3 in respect of the land in Sy.No.74 at East Marredpa-1ly, Secunderabad and sought to pass similar order.

5. Learned Assistant Government Pl6ader for Stamps and Regiltration 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 ot 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 a-flidavit filed in W.P. No. 11653 of 2013, which reads as under: "It is submitted that a comprehensiue land case was Jiled bg the then Mandal Reuenue Officer, Manedpally against the (7) Societies and as uell as some of indiuidual plot owners of Sy.No.74 of Manedpally (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 1B-03-2O1O. Aggrieued by the same, the then MRO, Manedpaltg Mandal filed WP No.191O6/2O1O, before the Hon'ble High Court and the same is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds rtlithout properlg appreciating the euidence of Gout. and as such writ petition has been filed challenging the 4 same. Thus the LGC iudgment has not .blcome final. Further submitted that the litigation beuDeen ""i-,i" Gout' has n61-7ssptrcd to its 'rL'i'iiit loaical end. [Jnder such circttmstances it can't be '.iii- ii", cori- nor" lost its claim' As such the i"i*""i.f Gout. still subsists ln uiew of the aboue ine inteist of Gout. fhat subsists in the subject "*ai-a.'jeopardized if this w'P' is allouted' i'""a" Hence it is liable for dismissal' "

6. karned Assistant Govemment Pleader would submit that 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' frled WP No.19106 of 2010 before this Court and the same tras 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 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 ald since the cause in those writ petitions has been served this Court had disposed those writ petitions, granting [berfy to all the concerned parties to seek appropriate remedy' 5 subject to outcome of the W.P. No.19106 of 2010, which"is pending for orders before the Division Bench of this Court. a 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. 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 ald I release the subject document, AS expeditiously S possible, preferably, 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. 19 106 of 2O1,O . It is a-lso made clear that if either of the parties are aggrieved by the orders to be passed in W.P.No.19106 of 2O10, liberty is granted to parties to pursue their remedies as available under law. 6

10. It is made clear that mere registration of the docurnent 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 pendilg before' the arrthorities 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 1. Act:ordingly, this writ petition 1S disposed of. Miscellaneous applications, if any pending, shall stand closed' No order as to cosit.

07.tt.2024 N.V.SHRAVAN KUIVIAR,J