c HARLA s H I vA B H AVA N v. 1 . THE STATE OF TELANGANA' REP bY

Petition under Article 226 ol lhe Constitution. of lndia praying that in the circumstances stated in ,r," ,?ij""ii-ritea ftrerewitn, the High court may be or wtit more particularly one in the nature of pleased to pass an oroer, writ of mandamus declaring"thllJiion oi t," respondent Nos.2 and 3 in refusing to register the sale oe"o, p'li'r6rii zold pi"t"nt"o ou the Petitioner in respect of Sy'No'74/6' situated in ptot No.49, admeasuring +aa eJ .q.yd. oi +oa zo the lay out of Balamrai c""p"i'ii""-iousing society Litit"d' Mahendra Hills' East Marredpally' secunderab#;;i;;;i;;iit'"1 u"q aoainst the provisions of law receive and register the and consequently direct # ;Jffi;H r'losz document presented by t#P;tiI;;eipertainlng to the above property thereby to release the same in u""otiun"" *itf' f '* and pass.such other and further orders which this Hon,bte Cou.t iJ"i". iii'rnJ prop"i in the circumstances of the case and in the interest of justice' "no.eio "q''ts' l.A. NO :, 1OF 2016(wP MP. NO: 21784 0F 20 16) L.: :. Petition u'rder section 151 cpc praying that in the cirr:umr,tances stated in the affidavit file t . suonort of the peiitio;, if," Hign C.ufl ma, U" -pf"r"Ll' DIRECT the r.srordeni Nos. , c a [-;;;;ile a"no'iegisr.r rr)e s]re Deed, Dated '16.05.2016, p'e;ertr.,d bv the. petition", in ,espect of ptot No.. S, ,Ar"r;ing 488.88 sq.yds cr,.r)9.70 sq.mts, Sy.No.7416, .iirut"O in the lay out of Balamrai co-operative H:usino Society r-iriteo, HrranLJra n rrs Ea st Marredpary, Secunderabad rre"::"v to^rereise ft," "rre-rnJ-pass sucr^ orler and further orders which tri., rlr,rble Court deems fft r;; ;;;;,i. in ihe r:ircunstances of the case and in thr: r,rte rest of justice. Counsel for the Pet;tioner: SRl. G RAJESHWAR REDDY Counsel for the ?espondents: Gp FOR REVENUE The Court made th: tbllowing: ORDER THE HONOURABLE SRI JUSTICE K'SARATH WRIT PETITION No.L7717 of 20L6 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Plead'er for Stamps and Registration appearing for the respondents and perused the materia] on record' It is the case of the petitioner that the Respondent 2. Nos.2 and 3 have refused to register the Sale Deed dated 16.05.2016 presented by the petitioner in respect of Plot' No.49, admeasr-rring to an extent of 488'88 squ'are yards or 4O8.7O square meters' situated in Sy'No'74/6' situated in the layout of Balamrai, 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 1997 ' Aggrieved by the action of the Registering Authority in not registering the subject document, the present writ petition is liled' : t I l l l l I l t ; I I i l 1 i 2 SI(. J tv.p No. I 7217 of 2Ot6 3. Jl.:is Court granted interim order orr 0rt O6.29rU directinrl rhe Registering Authority to re(rrll\r - at Ld prOCeSS the srrll.,;t document, subject to tire ol_rtcome of W.P.Nc,. !) lr)6 of 2010 filed by the Sterrc (irvernment agalnsl trr e order passed by speciar (iorr r.t under A.P.LarLcl Ci .rbbing (prohibition) Act, 19g12 rn l_(irl No.t67 of 1997.

4. Tod.rr,, urhen the matter has been t:Lker; up for hearing eirrned counsel for the petitionr:r subr nits that in pursrri rncc to the interim order passecl tr. 111 15 esLl11 on 08.0(r..2() 16, the Registering Authority har,er rtgistered the subj,_'t t l()cument. 5. Lear-rre: Counsei for the petitioner fltrtl-rcr. subrnrts that in s .rrriiar matter, this Court d ispc sed of W.P.No. 1 1,,rS il of 2Ol3 dated W.P.No.25l ii <tf 2O2I dated 28.Og .2024 itnt.l to pass sin il.rr order in this writ petition. 6. On rh: other hand, the learnr:d Governrrre n1_ rl_-ader for Stamps ald Registrtrtion I as not

23.()7.,2O), A s sistant ro, luested t I sr(, J W.P.N2.77777 of 2076 disputed the submission made by the learned counsel for the petitioner. 7. Recording the above submission made by learned counsel on either side, the Writ Petition is disposed of granting liberty to both the parties to seek appropriate remedy in accordance with 1aw' subject to the outcome of the order which would be passed in W'P' No'191O6 of 2010, if so otherwise aggrieved' S.Itismadeclearthatmereregistrationofthe 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 thisordera-lsodoesnotprecludethepartiesinasserting their rights before a competent Court of law' However' there shall be no order as to costs' g.MiscellaneousPetitions'ifany'pendinginthiswrit petition shall steind closed' \ I 4 srr, J 7777 of 2O16 Iilr:gistry is directed to annex co[)ier] ol the orders W.1,.itrr.1 1653 of 2013, dated ,a3.CT.,.tO24 and W.E,.NO,

10. 1n W.P.NI .26i45 of 2021, dated 28.08 .202,1. To, //TRUE COPY// SD/. P. PI)NNA KRISHNA ASSISTANT REGISTRAR \lt , -=: ,, ser:IoN oFFICER Revenue Deparrment (stahrps and Fresistration), ' I!:r:#Z lilir"".["[?] ' I:59'f.;];;?[[Egtt*R' Stamps and Assurance,, Hvder-,rbad District, 3. THE SUU RE G|STRAR, Marredpally (Bowenpalty), Sr:cunderirbad. 4. THE DISTtRICI COLLECTOR, Hyderabad District, H,/der,abac. 5. One CC to SFlt. c RAJESHWAR REDDY Advocate IOpt jcl 6. TworCCs tr; rlF, FOR REVENUE, High Court for the State of 7. Two CD r} pi,:; elangana. .r (Alono with th: ,;oov of the orderdated23.O7.2OZ4in \Vp.NO .1653 wp rIrrze :+sbi iizi oirH"itdi.zotqt OF 2013 KKS/BSId HIGH COL'FIT DATED:1 0ltt4l2021 ORDER WP.No.1771't ot 2016 ,z'-,=,i'," i )\' Y '..tI{' o O 2 B ltttl 26 I \_ ((\ z C) i .A DISPOSING I-HE WRIT PETITION WITHOUT C:C,STS ./o/z ,/3 ,//r4 6 l I I i I ; I i i t ... THE HONOURABLE SRI IUSTICE N'V'SHRAVAN KUMAR WRIT PETITION No.11 553 of20]3 ORDER: Heard learned counsel for the petitioner and tearned 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: 2 "to direct directing the Respondent No'4 to register the Sale Deed dated 10.04.2006, pertoining to property in Ptot beoring No'lCo' admeasuring 266 Sq yards in Survey No'74/ 3 in MlS Ravi Cooperative Housing Society Limited, Mahindra HiLl's, Morredpatty Secunderabad Cantonment Secunderabad executed in Petitioners favor by one Smt Kirni Bai ofter declaring the refusal endorsement No'57t07 dated 19t0912007 of the Respondent No.4 as ittegot arbitrary ond unconstitutional ond release the said document to the Petitioner'"

3. Learned counset for the petitioner submits that one Smt'Kirni Bai was the absotute owner of Pl'ot No'100' admeasuring 266 Sq'Yards' in Survey No.74l3, in M/s.Ravi Co-operative Housing Society Limited (Mahendra Hitl's)' 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. 2

4. Toda,r ,wlt :-t the matter has been taken up for ht,aring, learned counsel for trre prrtitioner submits that this court granted ir terim order on 17.O4.2013, y,hicl- reads hereunder: "ln the [i!r-t of the interim direction granted by this co rrt in simitar matte-s t,r:-e shall be a direction to respondent; 3 and.t to received and regi ;te r t.he documents presented by the petitirtner in ft.spect of ptot No.1O(t ir lirrrvey No.74l3 of East Maredpatty, Securderabac Cantonment in the r:ve r t the document futfits the requirement:i ol aw, without refererrc:: .<, the ctaim of the Government that it is (:ove nment [and. The re'grstration shatI however be subject to the resuit of this writ petitio r. "

5. Learne,d c,,nseI for the petitioner submits thal. in pur;uance to the interim order [ra:se'd by this court on 17.04.2013, the respond(.nt authorities have registered tr: subject property and further sub,mir:s that in view of interim order pessed by this Court no further order:, are rt,quired to be passed in thi:, Wr;t gretition.

6. Learned ,Assilitant Government pteader for Sta,ps ancr Registration woutd submit t hat r:ounter affidavit has been fited on :ehatf r,f respondent No.2 i.e., Disl:rict (.ottector, Hyderabad, and the paragr:rph No.l:t rg6d5 35. "lt is submitted that a comprehensive land case was fit,td by the then l,,lortdal Revenue Officer, lvlarredpoily agoinst the (7) Societie's nc zs well os some of individual plot owners oJ Sy.No.74 of tuloredp,clty (poigoh) village in L.G.C, Nct.167/9.;! in the Spl.Cou,"t unler L.G(p) Act, 1982. The Hon'ble Spl.Cou;t, under A.P.L.G.(l:,) ,\:t dismissed the LGC No.t67/97 on 18 03-2010. Aggrieved b'.r ,.he same, the then lvlRO, lAarredpcrlly A4artdol filed : 3 WP No.1910612010, before the Hon'ble High Court ond 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 chattenging the same' Thus the LGC judgment has not become finat' Further submitted that the litigotion between the parties and the Govt' has not reached to its logicol end. Under such circumstances it can't be soid that Govt' have lost its claim. As such the interest of Govt' sfill subsists' In view of the above the interest of Govt' thot subsists in the subject lond will be jeopardized if this W'P' is ollowed' Hence it is lioble 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 Mandal Revenue Officer, Marredpatty Mandat, fited WP No'19106 of 2010 before this Court and the Hon'bte 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 reteased the documents therein' however fairty submits that in most of the cases, the respondent authorities have not filed counter- affidavitandthecounter-affidavitfitedinthiswritpetitionmaybeadopted in att these simil'ar 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 ':.. ^rit at[ the pendinq petitions, granting tiberty to a[[ r.he con:erned parties to seek appropriilt.e remedy, subject to the outcornt: of thr,r order which woutd be pass in \VP No.19106 of 2010. 9 . Recordir g t r,: submission made by the learned c ounsel :n either side and in view ,)f tfro fact that the subject document is regi,;terr d in pursuant to the interirn orcer, this court deems it appropriate to cispo,;e of the writ petition granti rg liberty to both the parties to seek ac propria,:e remedy, in accordance vrit h I l w, subject to the outcome of the ,: rder wl ich woutd be pass in WP N(). 9'()r5 of 2010, if so otherwise aggrieved

10. lt is made ,:iear that mere registration of the, docum,tnt does not confer titte on th l :iubject property and it is atso made clear trrat this order woutd not have ary bearing on at[ those matters where titterrights of the parties are pe,rd re1 before the authorities either in revisior i appeats for adjudication ard ir any other case this order atso does oot ,rreclude the parties in assertinl their rights before a competent Court of iaw

11. According(y, this writ petition is disposed of . r,\iscetlaneous applications, if ,rn'r prending, shatt stand ctosed. No order as to ( ost.

23.07.2024 SHA N.V.SHRT\\/AN KUMAR,I 2 .r' THE HONOURABLE SRIJUSTICE N.V'SHRAVAN KUMAR WRIT PETITIO NNo .26345 of 2021 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pteader for stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposa[.

2.ltisthecaseofthepetitionersthattheRegisteringAuthority has refused to register the subject document on the ground that the State Government is ctaiming 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 27'10'2021 ' 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 passe( Lry this Court on 22.10.2021, the Rr:gistering Authority have regist ere cr the subject document and further :,ubrn its [hat in view of interirn orCer passed by this Court no further orrler:; are required in this Writ p,ltrtion.

5. Learnej Assistant Government pteader for S amps and Registratlor ivcutd submit that the subject matter in this v,,rit petitjon is squarely ccre'red by the order passed by this Court in wp No.11653 of 2013, catec 23.07.2024, and the retevant paraqrapis reads as under: "6. L eo,,-red Assistont Government pleader f c,r !,tomos and Regist ro:ton would submit that counter offidovit ha:; be(,n filed on belnlf of respondent No.2 i.e., District Cottector, Hydt robad, and tt,e ,)aragraph No.g reods os: 'll is submitted thot o comprehensive loncl case wc s filed by :he then ty',andal Revenue Of ficer, t{arr,zi j,iLly ,ryainst th? ,7) Societies ond os well is some oy ;nZiiiiu tr pfot ov,twrs of Sy.No.74 of ilarredpalty lpiigah) vilt tge in L.ti (:, No.167/97 in the Spt.Court uiair t.i;1C1 Act. 1982. fhe H_on'bte Spt.Court, under A.p.L.G.1ei ir1 jir",irrJi rh,? LcC No.I67/97 on 18_03_2010. aggriiie,l i,r, lh" ,or", ll,, then tv1RO, tvlarredpaily "Uonant - ' fiiu" Wp \o tt)106/2010, before the Hor;bte High rlou:t ord the ;arne is pending. The Hon,ble Spl.Court disntissed tl e LGC in prroneous grounds without property ap)re(_iotit,g the ?vicence of Govt. ond os such writ petition'has beet fited :ht,llenging the some. Thus the LGC judqnerrt- h(.s not t>ecorne final. Further submitted tiat' the liti.:totion t)etween the parties and the Govt. has not .ea(hed to its logicc'l end. lJnder such circumstances it can,t b(, said that Covt. have lost its cloim. A,s such tf,i iiten,st oy riovt. still subsisfs. ln view of the obove ttte iiter,,st oy / J Govt. thot subsists in the subject land will be jeopardized if this W.P. is allowed. Hence it is liable for dismissal'' Learned Assistont Government Pleader would submit thot 7. subject matter was eorlier odiudicated 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 hos been dismissed on 18'03'2010' Aggrieved the same, the Mandot Revenue Officer, lvlarredpally Mondol, fited wP No.1g1O6 of 2010 before this Court ond the Hon'ble Division Bench has heard and reserved for orders' Learned Assistant Government Pleader would further 8. submit that many parties have fited writ petitions on the similar issue ond obtained interim order ond thereafter the respondent authorities hove received, registered and releosed the documents therein, however fairly submits that in most of the cases, the respondent authorities hove not filed counter- offidovit and the counter-affidavit filed in this writ petition moy be odopted in all these similor pending writ petitions' as the issue involved in att the pending writ petitions is one and the same and pray this Court to dispose of all the pending writ petitions, granting tiberty to all the concerned porties to seek oppropriate remedy, subject to the outcome of the order which would be pass in WP No.19106 of 2010' g. Recording the submission made by the leorned counsel on either side and in view of the foct that the subiect document is registered in pursuant to the interim order, this Court deems it oppropriate 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 which would be pass in WP No.19106 of 2010, if so otherwise oggrieved"' 4

6. Le,arnec counse[ for the petitionerss fairty subrnits that simitar order may be pass in this writ petition.

7. Re:crdirrg the above submission made by learned counse[ on either sirie arr I in terms of order passed by this cour{. in v/p No.1 1653 of 2013 Tettec 73.07.7024, this writ petition is dlspcsed of granting liberty tc, lror.h the parties to seek appropriate renredy in accordance with [aw, sr-rbject to the outcome of the order whir:h wout l be passed in WP No 1)1)5 of 2010, f so otherwise aggrieved.

8. lt i:; rnade clear that mere registration of the Jocumert does not confer title or the subject property and it is atso made,cle,lr that this order would trt have any bearing on att those .natj ers where titte/right.s of .he parties are pending before the authoritjt,s either in revision/apper:s for adjudication and in any other (:ase thr! order atso does not frectude the parties in asserting therl rights before a competent t".o t.l of [aw. 9 . Acc.r,1irr91[y, this writ petition is disposed of . Mis:e[[aneous apptications, i'any pending, shatt stand ctosed. No c,rde,r as to cost.

28.08.2024 SU N.V.SHRA\/AN KUMARJ i I I i I I I , I : i I I I I i I I l I '