✦ High Court of India · 25 Jul 2025

High Court · 2025

Case Details High Court of India · 25 Jul 2025
Court
High Court of India
Decided
25 Jul 2025
Bench
Not available
Length
1,111 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 pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring the action of the Respondents more particularly Respondent No.3 while refusing to receive and register the sale Deed, Dated 21.07 .2025 presented by the Petitioner in respect of Entire Third floor which was assessed as 10-3-32t913'1lTF, Vide PTIN No.1181012852 0f the Residential Building known as "NAHAR',S PRIDE" admeasuring 2131 Sft, (including common areas and one car parking in stilt floor) along with undivided share of land admeasuring 70 Sq. Yards, or 58.52 Sq. Mtrs, out of total extent of land admeasuring 389 Sq. Yards or 329.59 Sq. Mtrs, being constructed on Property Bearing House No.10-3-32t9t31 on Plot No.31, in survey No.7418, Situated at East Marredpally, secunderabad on the basis of LGC No. 167/1 997 as illegal, arbitrary and in violation of principles of natural justice and contrary to the provisions of Registration Act and consequently direct the Respondent Nos' 2 and 3 to receive and register the Sale Deed, Dated 21 .O7 .2025 presented by the Petitioner pertaining to the above property thereby to release the same in accordance with law. lA NO:'l OF 2025 Petition under Section 15'1 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 Respondent Nos.2 & 3 to receive, register and release the Sale Deed, Dated 21 .07.2025 presented by. the Petitioner in respect of Entire Third .floor which was assessed as 1 0-3-32/9/31/TF, Vide PTIN No 1181012852 of the Residential Building known as "NAHAR'S PRIDE" admeasuring 2 l31 Sft, (including common areas and one car parking in stilt floor) along with undivided share of land admeasuring 70 Sq. Yards, or 58.52 Sq. Mtrs, out of total extent of land admeasuring 389 Sq. Yards or 329.59 Sq. Mtrs, being constructed on Property Bearing House No.10-3-3219131 on Plot No,31, in Survey No.7418, Situated at East Marredpally, Secunderabad on the basis of L G.C No. 16712017. Counsel for the Petitioner: SRI G.RAJESHWAR REDDY Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.21616 of 2025 ORDER: Heard N4r. G.Rajeshnar Reddy, learned counsel for the petitioner and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps ald 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 thc petitioner that the respondent No.3-Sub-Registrar is refusing to receive and register the Sale Deed dated 21,.O7.2025 presented by the petitioner 1n respect of entire third floor which was assessed as lO-3-32l9l3llTF ulde PTIN No.1181012852 of the Residential Building known as "NAHAR'S PRIDE" admeasuring2l3l Sq.fect along with undivided share of land admeasuring 70 Sq. Yards out of total extent of land admeasuring 389 Sq. Yards, being constructed on property bearing H.No.1O-3-3219131 on Plot No.31 in Survey No.74/8 situated at East Marredpally, 1 SI\'.1 \\ P :116 t6 J02i Secunderabad, on the ground that ihe State Governmenl is ciaiming the subject property as 'Governmcnt land'in LGC No. 167 of 7997. Aggrieved by the zrction of tl'rc Registering Authority in not registering the subjecl document, the present writ petition is filed'

3. Learned Counsel for the petitioncr lurthcr submits that the issue involved in this matter is connected with W.P.No.19106 of 2O7O, lvhich is filed by the State Government against the order in L(iC No' 167 ol 1997 passed by the Special Court under the A P'Land Grabbing (Prohibition) Act, 1982, Hyderabad ar-rcl the same was dismissed by the Division Bench of this Courl on 28.05.2025. Therefore, learned counsel rcquested t<r allow the writ petition by directing the respondent No'3 Sub-Registrar to register the Sale Deed presented by the petitioner.

4. On the other hand, the learned Assistanl Government Pleader for Stamps and Registration has no1 disputed the submission made by the learned counsel for the petitioner. SK, J \vP 2t616 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 petitioner in respect of subject property without reference to LGC No. 167 of 7997 , subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to reluse the document presented by the petitioner, if any other objections, by duly assigning the reasons and communicate the same to the petitioner.

6. It is made clear that mere registration of the document does not confer title on the subject propert5r 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 ar-ry other cases. This order also does not preclude the parties in asserting 4 sK..l \rP ll6t6 202., their rights before a competent Court of law. Howevcr, there shall be no order as to costs.

7. lliscellaneous Petitions, if any, pending in this writ petition sha-ll stand closed. //TRUE COPY// SD/.K. SREE RAMA MURTHY UTY REGISTRAR ECTION OFFICER To, 1 . The Principal Secretary, Revenue Department (Stamps and Registration Secretariat, Hyderabad, State Of Telangana.

2. The District Registrar, stamps and Assurance, Hyderabad District, Nampally, Hyderabad

3. The Sub Registrar, Maredpally, Secunderabad. 4. One CC to SRI G RAJESHWAR REDDY, Advocate [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR BS HIGH COURT DATED:2510712025 ORDER WP.No.21616 of 2025 o,' ( I.ta i"4s t('I ) tJ + * x JUt 20m -tr',//' .l ,i? iI)4 r r-'., i-a 'a::r-- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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