✦ High Court of India · 25 Apr 2025

1. P.MEERA v. 1. THE STATE OF TELANGANA

Case Details High Court of India · 25 Apr 2025
Court
High Court of India
Decided
25 Apr 2025
Bench
Length
2,823 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring the action of the Respondents more particularly Respondent No.3 while refusing to receive and register the Sale Deed, Dated 18.04.2025 presented by the Petitioners in respect of Plot No.14, admeasuring 4BB.BB sq.yds or 4O8.7 sq.mts in Sy.No.7416, situated at Balamrai Co-Op.Housing Society Limited, Mahendra Hills, East Marredpally, Secunderabad Cantonment on the basis of LGC No.167/1997 as illegal, arbitrary and in violation of principles of natural justice and contrary to the provisions of Registration Act and consequently direct the Respondent Nos. 2 and 3 to receive and register the Sale Deed, Dated 18.04.2025 presented by the Petitioners pertaining to the above property thereby to release the same in accordance with law. I !f, lA NO: 1 o F 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to DIRECT the Respondent Nos. 2 & 3 to receive, register and release the Sale Deed' Dated 1g'04.2025 presented by the petitioners in respect of prot No.14, admeasuring 4gB'88 sq yds or 408.7 sq.mts in sy.No.74l6, situated at Baramrai co-op'Housing society Limited, Mahendra Hiils, East Marredpaily, Secunderabad Cantonment on the basis of L.G.C.No..l6 7t2}1l. Counset for the petitioner : SRI G.RAJESHWAR REDDY COUNSEI fOr thc RESPONdENTS: ASST.GP FOR STAMPS AND REGISTRAT,ON The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12 473 0F 202s ORDER: Heard learned counsel for the petitioners and learned Assistant Government pleader fo, St.*p"i'rrrd 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 petitioners that the Respondent No.3/ Sub-Registrar has refused to receive and register the Sale Deed dated 1g.O4.2O25 presented by the petitioners in respect of plot. No.14, admeasuring to an extent of 488.88 squ€rre yards or 4Oa.7O square meters in Sy.No.74/6 situated at Ba-lamrai, Cooperative Housing Society Limited, Mahendra Hills, East Marredpally, Secunderabad and also stated that the State Government is claiming the subject property as .Government land,in LGC No. 167 of L992. Aggrieved by the action of the Registering Authority in not registering the subject dbcument, the present writ petition is filed. //\ 2 SK,I wP 12473 2n25

3. Learned Counsel for the petitioners submits that in similar matters, this Court disposed of W'P'No'11653 of 2O 13 dated 23.O7.2024 and W.P.No '26345 of 2O21 dated 2A.O8.2O24 and requested to pass simi]ar order in this writ petition. 4. On the other hand, the learned Assistant Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the petitioners. 5. Recording the above said submissions made by learned counsel on either side and for the reasons alike in the orders dated 23.O7 .2024 and 2a'Oa'2O24, the Writ Petition is disposed of directing the respondent No'3/ Sub-Registrar to receive, register and release the Sale Deed dated 18.04.2025 presented by the petitioners in respect of subject property and also granting liberty to both the parties to seek appropriate remedy in accordance u'ith law, subject to the outcome of the order which would be passed in W.P. No'19106 of 201O, if so otherwise aggrieved. \ ,/ sK,l \vP_12473-2025

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 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. iMiscellaneous petitions, if any, pending in this writ petition shall stand closed.

8. Registry is directed to annex copies of the orders in W.P.No.11653 of 2013, dated 23.07.2024 arld W.P.No.26345 of 2021, dated 28.08.2024. To, //TRUE COPY// SD/-P.PADMANABHA REDDY EPUry REGISTRAR SECTION OFFICER /- 1 Nampally, Hyderabad. I55#ff1:f,'r::%8t3fl Revenue Department (s mps and Registration), 2. fHE DISTRICT REGISTRAR, Stamps and Assurance, Hyderabad District, 3. THE SUB REGTSTRAR, Marredpally, Secunderabad. 4. One CC to SRt. c RAJESHWAR REDDy Advocate [OpUC] 5. Two CCs to Gp for Star R"sittt"lions' High court for the state of Telangana at HvaeraGJtSfl!$ Two CD Copies

6. KKS LS (Along with the copy of th o Orde,dated 28 .08.2024WP rder dated 23.07 .2024 in Wp. NO. 1 1653 OF 201 3, AND NO. 26345 ot 2021) I , HIGH COURT DATED:2510412025 t ...,. " '..i 1( I ):' 01 l]AY 2025 r/ ':( L) t t SPATCH ORDER WP.No.12473 of 2025 I DISPOSING OF THE WRIT PETITION WITHOUT COSTS THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMATT WRIT PETITION No.11653 qf 2013 ORDER: Heard learned counseI for the petitioner and learned Ass.istant 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 fottowing prayer: "to direct directing the Respondent No.4 to register the sate Deed doted 10.04.2006, pertoining to property in plot bearing No.l00, admeosuring 266 5q yords in Survey No.74t3 in lyllS Ravi Cooperative Housing Society Limited, fulahindra Hills, l,tlarredpatty Secunderabad Contonment Secunderabad executed in petitioners fovor by one smt Kirni Bai after declaring the refusal endorsement No.57/07 doted 19/09/2007 of the Respondent No.4 as iltegar orbitrary and unconstitutionar and rerease the said document to the petitioner.,'

3. Learned counset for the petitioner submits that one smt.Kirni Bai was the absolute owner of ptot No.100, admeasuring 266 sq.yards, in survey No.74/3, in M/s.Ravi co-operative Housing society Limited (Mahendra Hitts), Marredpatty, 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. 2

4. Today when the matter has been taken up for hearing, tearned counse[ for the petitioner submits that this court granted interim order on

17.04.2013, which reads hereunder: "ln the tight of the interim direction granted by this Court in simitar matters, there shatl be a direction to respondents 3 and 4 to received and register the documents presented by the petitioner in respect of plot No.100 in Survey No.7413 of East Maredpatty, Secunderabad Cantonment in the event the document futfits the requirements of [aw, w.ithout reference to the ctaim of the Government that it is Government tand. The registration sha[[ however be subject to the resutt of this writ petition. "

5. Learned counse[ for the petitioner submits that in pursuance to the interim order passed by this court on 17.04.2013, the respondent authorities have registered the subject property and further submits that in view of interim order passed by this court no further orders are required to be passed in this Writ petition.

6. Learned Assistant Government pteader for stamps and Registration woutd submit that counter affidavit has been fited on behatf of respondent No.2 i.e., District Cottector, Hyderabad, and the paragraph No.g reads as: "lt is submitted that a comprehensive lond case wos fited by the then lAondol Revenue Officer, lAarredpally ogoinst the (7) Societies and os well as some of individuot plot owners of Sy.No.74 of Marredpolly (Paigoh) vi\oge in L.G.C, No.167/97 in the Spl.Court under L.G(P) Act, 1992. The Hon'bte Spl.Court, under A.P.L.G.(P) Act dismissed the LGC No.t67/97 on 18_a3_2010. Aggrieved by the same, the then ltRO, lvlarredpaUy tAandat filed 3 WP No.1910612010, before the Hon'ble High Court and the same is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly opprecioting the evidence of Govt. and as such writ petition has been filed challenging the same. Thus the LGC judgment has not become final. Further submitted that the litigation between the parties and the Govt. h.as not reached to its logical end. l|nder such circumstances it con't be soid that Govt. have lost its claim. As such the interest of Govt. sffll subsists. /n view of the above the interest of Govt. fhat subsists in the subject land will be jeopardized if this W.P. is allowed. Hence it is liable for dismissal."

7. Learned Assistant Government Pteader woutd submit that subject matter was eartier 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 Mandat 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 wou[d further submit that many parties have fited writ petitions on the simitar issue and obtained interim order and thereafter the respondent authorities have received, registered and reteased the documents therein, however fairty submits that in most of the cases, the respondent authorities have not fited counter- affidavit and the counter-affidavit fited in this writ petition may be adopted in atl these similar pending writ petitions, as the issue invotved in aL[ the pending writ petitions is one and the same and pray this Court to dispose of 4 att the pending writ petitions, granting tiberty to atl the concerned parties to seek appropriate remedy, subject to the outcome of the order which woutd be pass in WP No.19106 of 2010.

9. Recording the submission made by the learned 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 woutd be pass in WP No.19106 of 7010, if so otherwise aggrieved.

10. lt is made ctear that mere registration of the document does not confer titte on the subject property and it is atso made ctear that this order woutd not have any bearing on at[ 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 atso does not prectude the parties in assertinq their rights before a competent Court ol taw. 11 . According[y, this writ petition is disposed of . Miscettaneous appt'ications, if any pending, shatl stand ctosed. No order as to cost.

23.07.2024 5HA N.V.SHRAV,\N KUMAR,} THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26345 of 2027 ORDER: Heard learned counsel for the petitioners and [earned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposat.

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 [and' 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 Authority 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, [earned counsel for the petitioners submits that in pursuance to the interim 2 order passed by this Court on 22.10.2021 , 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 petjti()n.

5. Learned Assistant Government Pteader for Stamps and Registration would 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. Learned Assistont Government Pleader for Stomps and Registration would submit that counter affidovit has been filed on beholf of respondent No.2 i.e., District Collector, Hyderabad, and the Paragraph No.8 reads as: 'lt is submitted that a comprehensive land case was filed by the then Mandal Revenue Officer, hlarredpally against the (7) Societies and as well as some of indiidual plot owners of 5y.No.74 of lAarredpally (Paigah) village in L.G.C, No.167197 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. Aggrieved by the same, the then ilRO, ttarredpolly llandal fiLed WP No.1910612010, before the Hon'ble High Court and the same is pending. The Hon'ble 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 judgment has not become finol. Further submitted thot the litigation between the parties and the Govt. has not reached to its logical end. Under such circumstances it can't be said thot Govt. have lost its claim. As such the interest of Govt. still subsisfs. ln view of the obove the interest of 3 Govt. that subsisfs in the subiect land will be ieopardized if this W.P. is allowed. Hence it is liable for dismissal.' 7. Learned Assistant Government Pleader would submit that subject matter was earlier adjudicated by the Spl.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 Mandal Revenue Officer, lAarredpally l4andal, filed WP No.1%a6 of 2010 before this Court and the Hon'ble Division Bench has heard and reserved for orders.

8. Learned Assistdnt Government Pleader would further submit that many porties have filed writ petitions on the similar issue and obtained interim order and thereafter the respondent authorities have received, registered and released the documents therein, however fairly submits that in most of the cases, the respondent authorities have not filed counter- offidavit and the counter-affidavit filed in this writ petition may be adopted in all these similar pending writ petitions, as the issue involved in all the pending writ petitions is one and the same and pray this Court to dispose of all the pending writ petitions, granting liberty to all the concerned parties to seek appropriate remedy, subject to the outcome of the order which would be poss in WP No.19106 of 2010.

9. Recording the submission made by the learned counsel on either side and in view of the fact that the subiect document is registered in pursuant to the interim order, this Court deems it appropriate to disposed of the writ petition granting liberty to both the parties to seek appropriate remedy, in accordance with law, subject to the outcome of the order which would be pass in WP No.19106 of 2010, if so otherwise aggrieved." 4

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

7. Recording the above submission made by learned counsel on either side and in terms of order passed by this Court in WP No.11653 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 [aw, subject to the outcome of the order which wou[d be passed in WP No.19106 of 2010, if so otherwise aggrieved.

8. It is made ctear that mere registration of the document does not confer titte on the subject property and it is also made ctear that this order woutd not have any bearing on atl those matters where titte/rights ofthe parties are pending before the authorities either in revision / appea Ls for adjudication and in any other case this order also does not prectude the parties tn asserting their rights before a competent Court of taw.

9. Accordingty, this writ petition is disposed of. Miscetlaneous apptications, if any pending, shatl stand closed. No order as to cost.

28.08.2024 SU N.V.SHRAVAN KUMARJ

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