The High Court · 2025

counsel for the Respondents: AGp FoR srAMps ANo REGrsrRATroN The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12683 OF 2025 ORDER: Heard learned counsel for the petitioner ald learned Assistalt Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this Writ Petition is disposed of at the stage of admission itseif.

2. It is the case of the petitioner that the Respondent No.3/Sub-Registrar has refused to receive and register the Sale Deed dated 31.03.2025 presented by the petitioner in respect of H.No. 70-3-21l 1/ 1 (PTI.No.1181OO 5650) on Plot No.1BO, adrneasuring to an extent of 125 Sq. Yards or 104.5 Sq. Meters in Sy.No.74/ 10 situated at East Marredpally, behind Government Technica-l School, Secunderabad 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 &ocument, the present writ petition is liled. o SK, J l\,? 12683-2025

3. Learned' Counsel for the petitioner submits that in similar matters, this Court disposed of W'P'No'11653 of 2O 13 dated 23.07 .2024 and W'P'No '26345 of 2027 dated 28.08.2024 and requested to pass similar order in this writ Petttron. 4. On the other hand, the learned Assistant GovernmentPleaderforStampsarrdRegistrationhasnot 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 atd 2a'Oa'2O24' the Writ Petition is disposed of directing the respondent No'3/ Sub-Registrar to receive, register and release the Sale Deeddated3l.o3.2o2'presentedbythepetitionerin respect of subject property and also granting liberty to both the parties to seek appropriate remedy in acdordance with law, subject to the outcome of the order which would be passed in W'P' No'19106 of 2010' if so otherwise aggrieved. \ \ I i SK, J wP 12683_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 a-11 those matters where title/rights of the parties are pending before the authorities either rn 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 shaii be no order as to costs.

7. Miscellaneous Petitions, if any, pending in this writ petition shall stald closed.

8. Registry is directed to annex copies of the orders in W.P.No.1 1653 of 2013, dated 23.O7.2024 and W.P.No.26345 of 2021, dated 28.O8.2024. I To, //TRUE COPY' SD/.P,PADMANABHA REDDY DEPUTY REGISTRAR SECTION OFFICER

1. THE Principa! Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad.

2. THE DISTRICT REGISTRAR, Stamps and Assurance, Hyderabad District, Nampally, Hyderabad.

3. THE SUB REGISTRAR, Marredpally, Secunderabad. 4. One CC to SRl. c RAJESHWAR REDDY Advocate [OpUC] 5. Two CCs to GP for Stamps and Registrations, Hiqh Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD Copies KKS LS (Along with the qopy of the order dated 23.O7.2024 in Wp.NO.'1 1653 OF 20 j3, AND order dated 28.08.2024 WP.NO. 26345 ot 2021) HIGH COURT DATED:2510412025 1 HE STq 14: o U 0 1 llAY 2025 C- I t',Fsolrru(('' ORDER WP.No.12683 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS E I I m THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR I4IRIT PETITION No.11653 of 2013 ORDER: Heard learned counseI 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. 2 This writ petition is fil.ed seeking the fottowing prayer: "to direct directing the Respondent No.4 to register the sare Deed dated 10.04.2006, pertaining to property in plot bearing No.l00, admeasuring 266 Sq yards in Survey No.74/3 in /v1/S Rovi Cooperotive Housing Society Limited, lAahindra Hiils, lAarredpally Secunderabad Cantonment secunderabad executed in petitioners favor by one smt Kirni Boi after declaring the refusar endorsement No.57/07 dated 19109/2007 of the Respondent No.4 as illegal arbitrory and unconstitutional and release the said document to the petitioner.,'

3. Learned counsel for the petitioner submits that one smt.Kirni Bai was the absotute owner of ptot No.100, admeasuring 266 sq.yards, in survey No.74l3, 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. Subsequentty, 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. J 2

4. Today when the matter has been taken up for hearing, learned counsel 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 sha[[ be a direction to respondents 3 and 4 to received and register the documents presented by the petitioner in respect of ptot No.100 in Survey No.7413 of East Maredpatty, Secunderabad Cantonment in the event the document futfiLs the requirements of [aw, without reference to the claim of the Government that it is Government tand. The registration sha[[ however be subject to the result of this writ petition. "

5. Learned counset 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 would submit that counter affidavit has been fited on behatf of respondent No.2 i.e., District Cotlector, Hyderabad, and the paragraph No.g reads as: "lt is submitted thot o comprehensive land case was filed by the then lAandal Revenue Officer, Marredpally against the (7) Societies and as well os some of individual plot owners of Sy.No.74 of lvlorredpally (Poigah) village in L.G.C, 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 Lcc No.167/97 on 18-03-2010. Aggrieved by the same, the then IARO, lAarredpally tAandal filed 3 WP No.1910612010, before the Hon'ble High Court and the some is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without property appreciating the evidence of Govt. and as such writ petition has been filed challenging the same. Thus the LGC judgment hos not become final. Further subinitted thot the titigotion between the parties ond the Govt. has not reoched 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. In view of the above the interest of Govt. that subsists in the subject land will be jeopardized if this W.P. is ollowed. Hence it is liable for dismissal."

7. Learned Assistant Government P[eader 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 Mandat Revenue Officer, Marredpa[ty Mandat, 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 would 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 released 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 atl the pending writ petitions is one and the same and pray this Court to dispose of 4 atl the pending writ petitions, granting tiberty to at[ 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 learned counse[ 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 law, subject to the outcome of the order which woutd be pass in WP No. 19106 of 2010, if so otherwise aggrieved.

10. lt is made clear that mere registration of the document does not confer titte on the subject property and it is also made clear that this order woutd 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 atso does not prectude the parties in asserting their rights before a competent Court of [aw.

11. Accordingly, this writ petition ts disposed of Miscetlaneous apptications, if any pending, sha[[ stand closed. No order as to cost.

23.07 .2024 5HA N.V.SHRAV,\N KUMAR,J THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26345 of 2OX ORDER: Heard learned counsel for the petitioners and [earned Assistant Government Pteader 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 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 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, learned 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 petition.

5. Learned Assistant Government Pteader for Stamps and Registration woutd submit that the subject matter in this writ petition is squarety 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 Assisfonf Government Pleoder for Stamps and Registration would submit thot counter affidavit has been filed on beholf of respondent No.2 i.e. , District Collector, Hyderabad, and the Paragroph No.8 reods os: 'lt is submitted that a comprehensive lond case was filed by the then liandal Revenue Officer, lAarredpally against the (7) Societies and as well as some of individual plot owners of Sy.No.74 of lvlarredpally (Poigah) 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.167197 on 18-03-2010. Aggrieved by the same, the then [ARO, lAarredpally lllandal filed WP No.19106/2010, before the Hon'ble High Court and the sarne is pending. The Hon'ble Spl.Court dismissed the LGC on erroneo.rs grounds without properly oppreciating the evidence of Govt, ond as such writ petition has been filed challenging the same. Thus the LGC judgment hos not become finol. Further submitted that the litigation between the parties and the Govt. has not reoched to its logical end. Under such circumstances it can't be said that Govt. have lost its claim. As such the interest of Govt. still subsists. ln view of the above the interest of 3 Govt. that subsfsfs in the subject land will be jeopardized if this W.P. is ollowed. Hence it is liable for dismissal.' 7. Learned Assistont 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 dismisse! on 18.03.2010. Aggrieved the same, the tlandal Revenue Officer, lAarredpally llandal, filed WP No.19106 of 2010 before this Court ond the Hon'ble Division Bench has heard and reserved for orders.

8. Learned Assistant Government Pleader would further submit that mony parties have filed writ petitions on the similar issue and obtoined 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- affidovit and the counter-affidavit filed in this writ petition may be adopted in all these similor 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, gronting tiberty to all 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 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 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 fairly 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 201 3 dated 23.07.2024, this writ petition is disposed of granting liberty to both the parties to seek appropriate remedy in accordance with [aw, subject to the outcome of the order which would be passed in WP No.'19'106 of 2010, if so otherwise aggrieved.

8. lt is made ctear that mere registration of the document does not confer titte on the subject property and it is atso made clear that this order woutd not have any bearing on alt those matters where titte/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order atso does not prectude the parties in asserting their rights before a competent Court of [aw.

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

28.08.2024 SU N.V.SHRAVAn- KUMAR,|