Sri M.Ranqaraj v. The State of Telangana

PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue any appropriate Writ' Order or Direction preferably a Writ in the nature of Mandamus declaring the action of the 2nd and 3rd respondents in not receiving and registering the Sale deed executed and presented by Sri K'Rarn Reddy, M7s Sena Enterprises Gpresented by its Managing Director' Sri Bandaiu Ashok Kumar and Sri S Dharnith Singh' in the narne of the petitioner in respect of Residential Flat bearing Municipal Door No l0-3-31 and 31tN2O1' Second Floor' Plot No. 3 situated at Survey No 7419 of EastMarredpally' Secunderabad'as illegal, arb trary, and violative of Article 14 and 300 A of the Constitution of lndia and consequently direct the 2nd and 3rd respondentd to receive and register the sare deed executed and presented by sri K.Ram Reddy, M/s Sena Enterprises represented by its Managing Director' Sri Bandaru Ashok Kumar and Sri S' rme of the petitioner in respect of Residr:ntia Flat bearing :i-31 and 31 t At2O1, Second Floor, Plot ['lo ' ] situated at ,,t tr4arredpally, Secunderabad' and relea;e the same in Dharnith Singh, in thtr Municipal Door No. 1( Survey No. 7419 o1 favour of the Petrtiottt:r =:. |.A.NO:1 OF 2018 Petition Under S the affidavit filed irt t; direct the 3rd resPo nr presented bY !i ri ll Managing g;rs616r, 13 t name of the Petitio n3r 10-3-31 and 31rA/11( 1 East MarredPally. !ir petitioner, pend ing dis r,r;tion 151 CPC praying that in the circurlstarrces stated in r rport of the petition, the High Court m a)' b e pleased to r,nt to receive and register the Sale dee(j (,rxecuted and l:.,nt Reddy, tvl/s Sena Enterprises repres{lnted by its Bandaru Ashok Kumar and Sri S. Dharnith Singh' in the n respect of Residential Flat bearing [\,4urric pal Door No. ilecond Floor. Plot No.3, situated at Surve'7 No. 7419 of r...rnderabad, and release the same n f:'rvour of the r': sal of the writ petition. Counsel for the Petiti rner : SRI Y.SUDHAKAR Counsel for the Re's p )ndents : GP FOR REVENUE The Court made the f rllowing ORDER i I Ij // ,/,, THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.11577 of 2OL8 ORDER: Questioning the action of the respondents, Registering Authority, in refusing to receive and register the residential Flat bearing Municipal Door No.10-3-31 e 3IlAl2Ol,II Floor, Plot No.3 situated at Survey No.7 4 I 9 of East Marredpally, Secunderabad, admeasuring of 17 1O square feet with undivided share of land admeasuring about 1 1 1 .66 square feet (hereinafter referred to as "the subject property") on the ground that the subject property is claimed by the Government in LGC No.167/ 1997, tl;.e petitioner hled the present writ petition.

2. It is the case of [he petitioner that the petitioner with an intention to purchase the subject property approached the registering authority, respondent No.3, Sub-Registrar, Marredpally, who refused to receive and register the same on the ground that it is a Government land. Hence, the peti[ioner filed the present writ petition.

3. Today, when the matter has been taken up for hearing, there is no representation for the petitioner. However, in similar cases, this Court recorded that the Government had frled LGC No.167 of 1996 claiming the subject survey number as it is a Government land and the same was dismissed on 18.03.2010 by .the Special Court. Thereafter, the Government hled a writ petition in W.P. No.191O6 of 1 2010 that rvas I t irrd and reserved for orders by the Div,si<,n Bench of this Court

4. Upor z p :sal of the proceedings of this Cour. , t,h Ls Court on 09.O4.2018 r LA. No.1 of 2018 passed interirn Cirec'-ion to the responden.t l,Lr. I to register the document in question piesented by the petitione : a - l1 the same shall be subject to the ol 1- ,)ome of the writ petitions, ii . 1 by the State against the order of tt e Strecial Court under the: A.l). -,and Grabbing (Prohibition) Act, 198 2, Hyderabad, in LGC. No.161' : \' 1997 and batch.

5. On thr: rr I er hand, thc learned Assistant (iov(rlrrent Pleader for Stamps z rL,: l.legistration ltould submit that many rLutnber of writ petitions l-rar e I r r:n hled on similar issue wherein no s e la 'ate counter afhdavits hrr"c been filcd however, in similar v'r-Lt petition in W.P. No.1I6rlr : t 20 13, n,hich was disposed of on 23 01' .t'O24 by this Court, a ooun t( r affidavit has been filcd and thc avernre ttt s mentioned therein ma5' t e r -rztd/ adopted as a counter avermenls n a l the similar matters and L : present writ petition is onc among srmllar pending writ petition s r rrd requested to dispose of the prest r l- 'vrit petition with a libertl. : ; either of the parties to pursuc th e r remedies as au.' 1^61" 11ndr: r ,lw subject to outcome ol the W.P. No. L9 [06 of 2010, u'hich is per c r r r , for orders before the Division Bench ol tl.is Court. 3 w.p. IIo. rrs7z o( ZOIE

6. Heard the learned Assistant and Registration and perused the record. Government pleader for Stamps material made available on the

7. The counter aIfdavit stated to have been filed in W.p. No.l1653 of 2013 by the respondent No.2, District Collector therein, is taken on record as the counter affidavit has been hled as an adopted one in the present writ petition. In the said counter affidavit at para No.g stated as under: "8. It is submitted that a comprehensive land case was hled by the then Mandaj Revenue Officer, Mar.redpally aga_rnst the (7) Societies a_nd as well as some of individual plot owners of Sy.No.74 of Marredpally (paigah) village in LGC. No.l67 /97 in the Spl.Court under L.G.(p) Act. 1982. The Honble Spl.Court, under A p.L G.(p) Act dismissed the LGC No.I6Z /92 on 1g.03.2010. Aggrieved by the sarne, the then MRO Marredpally Mandal frled Wp. No.19tO6/2O10 before the Honble High Court and the same is pending. The Honble Spl.Court dismissed the LGC on erroneous grounds without properly appreciating the evidence of Govt. arrd as such writ petition has been filed challenging tJ'e sa:rre. Thus ttre LGC judgment has not become final. Further submitted that the litigation between the parties and the Govt. has r end. Under such ",..r-";".Ji:::ff:: that Govt. have lost its claim. As such the interest of Govt. still subsists. In interest of cov. thar ""r":J:;::jH:lJ:J; will be jeopardized if this W.p. is allowed. Hence it is liabie for dismissa.l.,, 4 N,l,lSK, J w.P. N. lt577.r2()ta

8. Since th ' learned Assistant Government PIcacLe r s,ubmits that she is n()1. i.\\'i r:: whether the subject document is r.egis,lered or not and there rs n , information whether the subject docu ne,nt has been registerecl p Is Court in t.A. rl, if the subjec t c , ilnt to interim order dated 09.04.2018 perssecl by this L of 2018, this Court is of the consider,:d opinion that : oument is registered, the petitioner sh :11 not alienate further with,t'r1 )re permission of this Court.

9. It is nllc r clear that the registration of tht: sub rtc t document, pursllant ro th jnterim order datcd 09.04.2019 pass,rc t1, this Court in I.A. No. 1 <ri ir,l 18, is subject to outcome of the \\ .lr. \o.19106 of 20 10, which is nending for orders before the Di'isior.r B,:nch of this Court.

10. Hou,ever, i". is made clear lhat mere registration o1 tt e document does not r:cr-'f,:r , rny title on the subject property and h is order would not have :rny I r rtring on all those matters where tirk i rights of the parties a.c: I)(::r :ing before the authorities either in I e;ision/appeals for adjudir:ali.: r and in any other case this order a sc would not preclude the p r.ties in asserting their rights before .hr cornpetent Court of l:lu' 1 1. According l,r, this writ petition is disposed of Tlrr re shall be no order as to c(xrt 5 W.P. tlo.l1577 of 2O1a Asa sequel, miscellaneous appiications pending' if any' shall stand closed. ,^*T';.[dSf;J S /TTRUE COPY/, SECTION OFFICER tion) DePa rtment, langanaatH yderabad. erabad urt foitn" Stut" of Telangana at pal Secretary' tariat, S The Princi Telang ana Secre The District Registrar, HYderabad Distri ct, HYdera bad. ana State of Revenue ( tate of Telang pallY, Secund StamPs and e Sub Reg Th CCs to G Two erabad. I Hvd CCtoS One Two CD CoPies istrar, PFO OUrl RI Y.S Marred R REV ENUE UDHAKAR, Advocate [OPUCI , High Co To

2. 3. 4. 5 ,6 SA GJP d1L 4 -) I4r ) ) qrY 2tl25 2 6( z a * t- o. \ -, a. CHeD --: HIGH COURl DATED:251Qt212025 ORDER WP.No.1157'1 o12018 DISPOSING )F THE W.P WITHOUT C( )STS. @ cHe ya\o9l7{