✦ High Court of India · 18 Jul 2025

The High Court · 2025

Case Details High Court of India · 18 Jul 2025
Court
High Court of India
Decided
18 Jul 2025
Bench
Not available
Length
1,034 words

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 the Respondent more particularly the respondent no.3 while refusing to register the sale deed dt 28.05.2025 presented by the Petitioners in respect of Demolished House Surrounded by Compound Wall bearing H.No.PNO 3B/GF (PTIN No PfO4F7822677) (Unique Property ID PT-CB-SECU-2021-07-19- 194203) New SCB No.5-22-17511, Plot No.38, land admeasuring 376.38 sq.yards. or 314.69 sq.meters, in Survey No.7419, situated in the layout of Shanthinikethan Co-operative Society, Mahindra Hills (Presently known as SEVA MANDAL COLONY) East Marredpally, Secunderabad, Cantonment, Hyderabad ,District-Telangana, as same is illegal, arbitrary and against the provisions of law and consequently direct the respondent no.2 and 3 to receive and register the sale deed dt 28.05 .2025 relating to subject property thereby to release the same in accordance with law IA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased the 2nd and 3rd respondent to receive and register the Sale Deed, Dated 28.05.202s presented by the Petitioners in respect of Demolrshed House Surrounded by Compound Wall bearing H.No.PNO 38/GF (PT|N No.pT04F7822677) (Unique Property lD. PT-CB-SECU-2021-07-19-194203) New SCB No.5-22-17511 , ptot No.38, land admeasuring 376.38 sq.yards. or 314.69 sq.meters, rn Survey No.7419, situated in the layout of Shanthinikethan Co-operative Society, [Vlahindra Hills (Presently known as SEVA MANDAL COLONy) East trrlarredpally, Secunderabad, Cantonment, Hyderabad DistriclTelangana and release the same pending disposal of the above writ petition. Counsel for the Petitioner : SRI NARESH KUMAR GORIGE counsel ror the Respondents: slvlr'S'SRtYiill!'i*, REGrsrRAT,oN The Court made the following: ORDER THE HONOURABLE SRI JUSTTCE K.SARATH WRIT PETITION No. 2o843 of 2O2S ORDER: Heard learned counsel lor the petitioners and Smt S.Sravanthi, 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 itseif.

2. Learned counsel for the petitioners submits Lhat the pctitioners questioning the inaction of the rcspondent No.3 refusing to register the sale deed dated 28.05.2025 presented by the petitioners in respect of Iand admeasuring 376.38 Sq. yards surrounded by Compound Wall bearing H.No:p.No.3g/GF (plIN No.PT04F7822627) New SCB No.5_22_175/1, plot No.38 in Survey No.T4 /9 situated in the layout of Shanthinikethan Cooperative Society Mahindra Hills (Presently knorvn as Seva Mandal Colony) East Marredpally, Secunderabad Cantonment, Hyderabad SK, J N P 20813 202; District, on the ground that the State ()overnment ls claiming the subject property as 'Governmtrnt land' in LGC No. 167 of 1997 . Aggrieved by the :rt:tion of the Registering Authority in not registering Lhc subjecl document, the present writ petition is hled'

3. Lcarned Counsel for the petitioners further submits that the issue involved in this mattel is connected rvith W.P.No.l9106 of 2010, u'hic:l'r is {-tled by the State Government against the order in LGC'No'167 of 1997 passcd by the Special Court under the A'P Land Grabbing (Prohibition) Act, 1982, Hyderatrad and the same was dismissed by the Division Bench of this Court on 28.05.2025. Therefore, learned counsel requesl.ed this Court to allou- the u'rit petition by directing the respondent No.3/Sub-Rcgistrar to register the Sale Deed prcscnted by lhe Pclil ioners'

4. C)n the other hand, the learned Assistant Government Pleader for Stamps and Registration has not disputed the subrnission made by the learned counsel for the petitioners. w 3 SK, J wP 20843 2025

5. In view of the submissions made by both the sides and in view of dismissal of the W.P.No.19106 of 2010 on 28.05.2025, the Writ Petition is disposed of directing the respondent No.3/Sub-Registrar to receive, register and release the document presented by the petitioners in respect of subject property without relcrence to LGC No.167 of 1997, subject to the petitioners complying 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 objections, by duly assigning the reasons and communicate the same to the petitioners.

6. It is made clear that mere registration of the document does not confcr titie 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 partles are pending before the authorities either in revision/appeals for adjudication and in any other cases This order also does not preclude the parties in asserting I t 4 SK. .' \\,P 2084 i.i 2025 their rights before a compctent Court of lau'. Howe..'er, there shall be no order as to costs.

7. Miscellaneous Petitions, if any, pcndii-ig in this writ petition shall stand closed SD/.P. PONNA KRISHNA SI TANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

1. The Pnncipal Secretary, Revenue Department (Stamps and Registration) Secretariat, State of Telangana, Hyderabad, Telangana. 2 The District Registrar, Red Hills, Hyderabad, Hyderabad District, Telangana 3. The Sub-Registrar, Bowenpally, Secunderabad. Telangana. 4. One CC to SRI NARESH KUMAR GOR|GE, Advocate. IOPUC] 5. Two CCs to GP FOR STAIVPS AND REGISTRATION, High Court for the State of Telangana [OUT] 6 Two CD Copies. BSK BS t I HIGH COURT DATED:18t07t2025 ORDER WP.No.20843 ot 2025 o ( ')r .j 3 0 luL ?0[ </ r)r I DISPOSING OF THE WRIT PETITION WITHOUT COSTS (A- ,/' v l"s'

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