✦ High Court of India · 01 Jul 2025

High Court · 2025

Case Details High Court of India · 01 Jul 2025
Court
High Court of India
Decided
01 Jul 2025
Bench
Not available
Length
1,002 words

3. Mr. Kadevari Rajneesh Kumar, S/o: late K., Jagadeeshwar Rao, Aged about 44 yearc, Occ. Business, R/o H. No. 6-2-96f2, New Bhoiguda, Secunderabad, Hyderabad, Telangana State ...PETITIONERS AND 1 State of Telangana, Represented by Secretary, Revenue Department, Secretariat, Hyderabad 2 3 District Registrar, Hyderabad District, Hyderabad Sub Registrar, Bowenpally, Secunderabad ...RESPONDENTS 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 issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the 3'd respondent in not registering the petitioners released deed in respect of the property bearing Plot No. 35 (Part)' admeasuring 366.66 Sq. yards or 306.57 Sq. mts, in Sy. No. 7415, situated at Santosh Co-Operative Housing Society Ltd, (tvlahendra Hills), East Marredpally, Secunderabad, by declaring G.O M.S No 609, dated 1810812004 as illegal, arbitrary, unconstitr.ttir)nal and against the provisions of law anrl consequently direct the 3d respc ndent to register the release deed Oresented by petitioner pertaining to proper.\' bearing Plot No. 35 (Part), admeasuring 366.36 Sq yards or 306.57 Sq. mt';. ir, Sy. No. 7415, situated at Santosh Co-Op€ rative Housing Society Ltd, (lr4aherr,l'a Hills), East tt/arredpally, Secunde'rabad. : nd release the lA NO: 1 OF 2025 Petition Uncler f iection 151 CPC praying that in the circLrmsl ances stated in the affidavit fileri in :; rcport of the petition, the High Court rray re p eased to direct the 3'd responcert lo receive and register the release deeC, in res )ect of property bearing Plot Nc :35 ()art), admeasuring 366.66 Sq. yards or 306 57 Sq mts, in Sy. No. 7415, sitr.lalec at Santosh Co-Operative Housing Socrety -.td (t\Iahendra Hills), East Maredpaly, Secunderabad, and release the same pen,ling disposal of the writ petition Counsel for the Pe1:itioners: M/S. D. PRAMADA Counsel for the Re:;pondents: AGP FOR STAMPS AND FIEGISTF'ATION The Court made thr: following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.18527 of 2o25 ORDER: Heard learned counsel for the petitioners 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 petitioners that the Respondent No.3/Sub-Registrar has not registering the Release Deed of the petitioners in respect of the property bearing Plot No.35 (Part), admeasuring366.66 Sq. yards or 306.57 Sq. Mts in Sy.No.74/5 situated at Santosh Co-Operative Housing Socicty Ltd, (Mzrhendra Hills), trast Marredpally, Secunderabad by declaring the G.O.Ms.No.6O9, Revenue (Regn-1) Department, dated I8.08.2004 as illegal and arbitrary. Aggrieved by the action of the Registering Authority in not registering the subject document, the present writ petition is filed.

3. Learned Counsel for the petitioners further submits that the issue involved in this matter is connected 2 \\rith r^i,P.rlo.19106 of 2010, which is filcd lr5, t1r. tr",. Goverrrnc-t against the order in LGC.lr o.l(t7 of l99T passe<1 ltr. .he Special Court under the r\.p. I-ard Grabbing dismis,scci by the Division Bench o[ -l-ris Court on

28.05.:2():,lri Therefore, learned counsel recluer;ted to allorn, the u,"it 1-ctition by directing the responcLen No.3/Sub- Regist:-:r r ( ) register the Release Deed pr: sr-: rtccl by the petitio,:rr:rr; 4 rrn the other hand, the lea;-ncrl Assistant Governnrcrr Pleader for Stamps.and Rr:gis:ration has not ciisput,:d rlre submission made by the l,:arncd counsel for the pe1i1,tc, r r:rs. 5 lrr view of the submissions made bl both sicles ard in yirrr of dismissal of the W.p.No.i9106 of 2010 on

28.O5.'.>.C2:, the Writ Petition is dispose.d c,f directing the responlcnt No.3/Sub-Registrar to recr:ive. r,)gister arrd releast: r,hr. document presented by the pe itioners in respect o subject property without refrrrer ce to the LGC.Nc, I 6i' o1- 1997, subject to the petitiorrers compiying w l l I l I To, TJ B 3 with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse the document presented by the petitioners, if any other reasons and communicate the same to the petitioners.

6. It is made clear that mere registration of the document does not confer title on the subject property 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 1n revision/appeals for adjudication and in any other case. This order also does not preclude .the parties in asserting their rights before a competent Cor-rrt of law. However, there shall be no order as to costs

7. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// SD/-K. SREE RAMA MURTHY DEPUTY REGISTRAR SECTION OFFICER 1 The Secretary, Revenue Department, Secretari Hvderabad 2. ijilfi;t "F[sistrar, Hyderabad District, Hvderabad e bil R&i;i;i, Bowenpattv, secunderabad ; 6;;e"i6'ilh. o.F,5miaa' AdvocateloPUC.l . 5 rwo ccs to GP to, st"ri".i,io"niiGt'dtion' Hign court for the State of - 6. Two CD CoPies Telangana, at HYderabad [OUT] tate of Telangana' t, l , -*1 gf-..-r.?a' -hF\ I I HIGH COURT CC TODAY DATED:01 t0712025 ORDER WP.No.18527 of 2025 v ,i_ a2 , - i,l 1 s -\,;it / ( =s \ \ J LiO\tl * DISPOSING OF THE WRIT PETITION WITHOUT CC)STS tl\tt

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