High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed thOrewith, the High Court may be pleased to issue b.writ, order or direction more particularly is the nature of writ of mandamus declaring the action of the 3'd respondent in not registering the ne!1tro1ers document in respect of lhe house' property on Plot No. 18 admeasuring 550 Sq. yards or 459.68 Sq. mts, out of land in Sy. No. 7415, locality known as Santosh Cooperative Housing Society Ltd, situated at Marredpally (Mahendra Hills), Secunderabad Cantonment by declaring G.O.M.S.No.609, dated 18-08- 2004 as illegal, arbitrary, unconstitutio nal and against the provisions of law and consequently direct the 3rd respondent to register the document presented by petitioner pertaining to the house property on Plot No. 18 admeasuring 550 Sq. yards or 459.68 Sq. mts, out of land in Sy. No. 7415. locality known as Santosh Cooperative Housing Society Ltd, situated at Marredpally Secunderabad Cantonment and release the same. (Mahendra Hills), lA NO: 1 OF 2025 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 3rd respondent to receive and register the document, ,n respect of the house property on Prot No 1B admeasuring 550 sq. yards or 45g.6g Sq. mts, out of rand in Sy. No. 7415, rocarity known as Santosh cooperative Housing Society Ltd, situated at Marredpally (Maliendra Hills), Secunderabad cantonment and release the same pending disposal of the writ petition. Counsel for the Petitioner: M/S D. PRAMADA Counsel forthe Respondents: Gp FOR STAMpS AND REGTSTRATTON The Court made the following: ORDER - THE HONOURABLE SRI JUSTICE K.SARATH WRIT PEIITION No.l 40,47 0F 20/25, ORDER: Heard learned counsel 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 at the stage of admission itself.

2. It is the case of the petitioner that the Respondent No.3/Sub-Registrar has not registering the petitioner document in respect of in respect of the house propert5r admeasuring to an extent of 550 Sq. yards or 459.68 Sq. mts on Plot No. 18 in Sy.No.74l5 known as Santosh Cooperative Housing Society Ltd., situated at Marredpally (Mahendra ffit";, Secunderabad Cantonment and also stated that the State Government is claiming the subject properQr 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 hled. r-=..t \, o 2 wP t4047 sK,l -2025

3. Learned Counsel for the petitioner submits 1.hat in similar ma1-ters, this Court disposed of W.P.No.11653 of 2013 dated 23.O7.2024 and W.P.No.26345 of 2021 dated

28.Oa.2O24 and requested to pass similar 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 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 and 28.08.2024, the Writ Petition is disposed of directing the respondent No'3/ Sub-Registrar to receive, register and release the document presented by the petitioner ln respect of subject property and also granting liberty to both the parties to seek appropriate remedy in accordance with law, subject to the outcome of tl e order which would be passed in W.P.No.l9106 of 2OlO, if so otherwise aggrieved. 3 SK, J wP 14047 znzs It is made clear that mere registration of the

6. document does not confer title on the subject propertSr and it is a-lso 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. Miscellaneous 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 and W.P.No.26345 of 2021, dated 28.08.2024. //TRUE COPY// SD/-MOHD. !SMAIL DEPUTY REGISTRAR I SECTION 6FFICER To, Hyderabad 1 . The Secretary, Revenue Department, Secretariat, State of Telangana, 2. District Registrar, Hyderabad District, Hyderabad 3. Sub Registrar, Bowenpally, Secunderabad 4. One CC to M/s. D. Pramada, Advocate [OPUC] 5. Two CCs to GP for Stamps And Registration, High Court for the Slate of Telangana, at Hyderabad [OUT]

6. Two CD Copies TJ GJP (Along with the Copy of Order dated 23.07 .2024 ln W.P.No.26345 of 2021) w HIGH COURT CC TODAY DATED:0210512025 ORDER WP.No.14047 ot 2025 /, .S" 7 I, .\ .\-\ o$ ,,:)ill , DISPOSING OF THE WRIT PETITION WITHOUT COSTS 7 THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.11653 of 2013 ORDER Heard learned counsel for the petitioner and learned Assistant Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of' ?-. This writ petition is fited seeking the fottowing prayer: "to direct directing the Respondent No.4 to register the Sale Deed dated 10.04.2006, pertaining to property in Plot bearing No.100, odmeosuring 266 Sq yards in Survey No.74/3 in MIS Ravi Cooperative Housing Society Limited, Mohindra Hills, Marredpolly Secunderobad Cantonment 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 illegal orbitrory and unconstitutional and releose 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.Rivi Co-operative Housing Society Limited (Mahendra Hitts), Marredpatty, secunderabad cantonment, thereafter smt.Kirni Bai executed sale 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. 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

17.04.7013, whrch reads hereunder: "ln the tight of the interim direction granied 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 ptot No.100 in survey No.74l3 of East Maredpatty, secunderabad cantonment in the event the document futfits the requirements of [aw, without reference to the ctaim of the Government that it is Goverrment [and. The registration shat[ however be subject to the resutt of this writ petition. "

5. Learned counse[ for the petitioner submits that in pursLiance 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 petltion.

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 thot o comprehensive lond cose was filed by the then A4ondol Revenue Officer, tvlarredpally ogainst the (7) societies and os weil os some of individuot prot owners of sy.No.74 of llarredpally (Paigah) villoge in L.G.C, No.t67/97 in the Spl.Court under L.G(p) Act, 19g2. The Hon,ble Spl.Court, under A.P.L.G.(P) Act dismissed the LGC No.167/97 on t8_03_2010. Aggrieved by the some, the then MRO, tAarredpaily lllandot fited 7/ 3 WP No.1g115l2O1O, 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 hos not become final. Furlher submitted that the litigation between the parties and the Govt. has not reached toits Iogical end. lJnder such circumstances it con't be said thot Govt. have lost its cloim. As such the interest of Govt. sfill subsists. /n view of the above the interest of Govt. thot subsists in the subject land will be jeopardized if this W.P. is allowed. Hence it is lioble for dismissol."

7. Learned Assistant Government PLeader 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 Mandal Revenue officer, Marredpatty Mandal, fited wP No.19106 of 2010 before this court and the Hon'b[e Division Bench has heard and reserved for orders.

8. Learned Assistant Government Pteader woutd further submit that many parties havir fited writ petitions on the similar 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 att these similar pending writ petitions, as the issue involved in alt 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 att 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 tearned 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 taw, subject to the outcome of the order which woutd be pass in WP No.19106 of 2010, if so otherwise aggrieved. 10' It 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 anv bearing on att those matters where titte/rights of the parties are pendinq 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 taw. 11. Accordingtyr this writ petition is apptications, if any pending, shatI stand ctosed. disposed of . Misceltaneous No order as to cost.

23.o7.2024 5HA N.V.SHRAVAN KUMARJ 7 THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26345 of 2021 ORDER Heard learned counsel for the petitioners and learned Assistaht Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposa[.

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 [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'22.10.20?1 , 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 SpeciaL 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 regrstered 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 23.07.2074, and the relevant paragraphs reads as under: "6. Leorned Assistont Government pleoder for Stamps ond Registrotion would submit thot counter offidavit hos been filed on behalf of respondent No.2 i.e. , District Cottector, Hyderobod, ond the Poragroph No.8 reods as: 'lt is submitted thot a comprehensive land cose wos f iled by the then lvlondol Revenue Officer, lAarredpally ogainst the (7 ) Societies and as well os some of individuoT plot owlers of Sy.No.74 of tAorredpolly (paigoh) village in L.G.C, No.167197 in the Spl.Court under L.G(p) Act, 19g2. The Hon'ble Spl.Court, under A.p.L.G.(p) Act dismissed the LGC No.167197 on 18-03-2010. Aggrieved by the some, the then lvlRo , lAarredpally tvlondot fi led Wp No.19106/2010, before the Hon'ble High Court and the same is pending. The Hon,ble Spl.Court dismissed the LGC on erroneous grounds without properly apprecioting the evidence of Govt. ond os such writ petition has been-t'iled chollenging the some. Thus the LGC judgment hos not become finol. Further submitted thot the Iitigotion between the porties ond the Govt. hos not reachei to its logicol end. Under such circumstances it con't be soid that Govt. hove lost its claim. As such the interest of Govt. still subsists. ln view of the obove the interest of ) Govt. thot subsists in the subiect land will be jeopardized' il this W.P. is otlowed. Hence it is lioble f or dismissal.'

7. Leorned /ssistont Government Pleoder would submit that subject motter wos earlier adiudicoted by the Spl.Court under A.P.L.G.(P) Act, 1982, vide LGC No.167<if 1997, however the soid LGC No.167 of 1997 has been dismissed on 18.03.2010- Aggrieved the some, the Mondol Revenue Officer, Marredpally tulondal, t'ited WP No.19106 of 2010 before this Court and the Hon'ble Division Bench has heord and reserved for orders.

8. Learned Assistont Government Pleoder would further submit thot many porties have filed writ petitions on the similor issue and obtoined interim order ond thereofter the respondent authorities hove received, registered and releosed' the documents therein, however lairly submits thot in most ol the cases, the respondent outhorities hove not filed counter- affidavit ond the counter'offidavit filed in this writ petition may be odopted in oll these similar pending writ petitions, as the issue involved in all the pending writ petitions is one ond the same ond proy this Court to dispose of oll the pending writ petitions, gronting liberty to oll the concerned parties to seek appropriote remedy, subiect to the oatcome of the order which would be pass in WP No.19106 of 2010. g. Recording the submission made by the learned counsel on either side ond in iew of the foct thot the subject document is registered in pursuont to the interim order, this Court deems it appropriote to disposed of the writ petition granting liberty to both the parties to seek appropriate remedy, in occordance with law, subject to the outcome of the order whith would be poss in WP No.19106 ol 2010, if so otherwise oggrieved." I

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 [earned counsel on either side and in terms of order passed by this Court in Wp No.11653 of 2013 dated 23.07.7024, 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 would be passed in WP No.'19106 of 7010, if so otherwise aggrieved.

8. lt is made clear that mere registration of the document does not confer titte on the subject property and it is atso made ctear that this order wou[d not have any bearing on att 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 also does not prectude the parties in asserting their rights before a competent Court of Iaw.

9. Accordingty, this writ petition is disposed of. Miscettaneous applications, if any pending, shatt stand ctosed. No order as to cost.

28.08.2024 SU N.V.SHRAVAN KUMAR,I