High Court · 2023

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 action of the Respondents more particularly the Respondent No.3 while refusing to receive and register the Sale Deed, Dated 25.08.2023 presented by the Petitioners in respect of Flat No.C in the Second Floor in the Namratha Apartments having built up area of 500 sq.ft along with ll26b undivided share of land admeasuring L9.23 sq.yds out of total 500.00 sq.yds, constructed on Plot No.39, Road No.8, Dhanalaxmi Colony, Sy.No.7417, Mahindra Hills, East Marredpally, Secunderabad as illegal, arbitrary and against the provisions of law and consequently direct the Respondent Nos. 2 and 3 to receive and register the Sale Deed, Dated 25.08.2023 presented by the Petitioners pertaining to the above property thereby to release the same in accordance with law; IA NO: I OF 2023 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 Respondent Nos. 2 and 3 to receive and register the Sale Deed, Dated 25.08.2023 presented by the Petitioners in respect of Flat No.C in the Second Floor in the Namratha Apartments having built up area of 500 sq. ft along with I l26b undivided share of land admeasu irng t9 .23 sq.yds out of total 500.00 sq.yds, constructed on Plot No.39, Road No.8, Dhanalaxmi Colony, Sy.No.74l7, Mahindra Hills, East Marredpally, Secunderabad thereby to release the same, pending disposal of WP 23960 of 2023, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri G. Rajeshwar Reddy, Advocate for the Petitioners and Sri B.Dileep Kumar, Asst. GP for Stamps and Registration representing Respondent Nos.l to 3, the Court made the following IL,V ORDER: Notice before admission Learned Assistant Government Pleader for Stamps and Registration waives notice for Respondent Nos.l to 3. Heard Sri G.Rajeshwar Reddy, learned counsel for the IVrit Petitioners as well as the Sri B.DiIeep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing Respondent Nos.L to 3. The present Writ Petition is liled seeking a 'Writ of Mandamus' declaring the action of the Sub-Registrar, Bowenpally, Secunderabad, in not rr:gistering the Sale deed presented by the petitioners in respect of Flat No.C, situatr:d in the 2nd floor of Namratha Apartments, with an undivided share of land adme:rsuring 19.23 Sq.yards out of 500 Sq.yards, constructed on Plot No.39, Road No.8, Dhanalaxmi Colony, located in Sy.No.74/7 of Mahindra IIiIIs, East Maredpally, Secunderab:rd, as illegal, arbitrary and unconstitutional and consequently direct the said registering authority to register the Sale deed presented by the petitioners pertaining to the said property. Making his submission, learned counsel for the petiti,oner contend that the Government filed LGC.No.167 of 1997 aganst different housing societies claiming that the subject lands are Government lands. Learned counsel states that the said Land Grabbing Case was dismissed and aggrieved by the order of dismissal, Government filed a Writ Petition vide W.P.No.19106 of 2010 and the same is pending before this Court. Learned counsel states that since 2010, the persons who intend to purchase or sell the property, are filing Writ Petitions and obtaining orders to proceed with the transactions and the Court is permitting to proceed with the transactions subject to the result in W.P.No.19106 of 2010 and hence, the present Wril. Petition may also be disposed of on the same lines. Learned Assistant Government Pleader for Stamps and Registration did not raise any serious objection for grant of interim orders basing on the submissions made by the learned counsel for the petitioners. Having gone through the contents of the material that is 1produced, including the orders that were rendered earlier, the following direction is issued:- "The Sub-Registar, Bowenpally, Secanderabad, is directeal to receive the sale deed, if any, presented by the petitioners in respect of Flat IVo.C, situated in the 2nd floor of Namratha Apartments, with an undivided share of tand admeasuring {'

19.23 Sq.yards out of 500 Sq.yards, constructed on Plot No.39, Road No.8, Dhanalaxmi Colony, locuted in Sy.No.74/7 of Mahindra Hilk, Eust Maredpally, Secunderabad, register the same and release the sale deed in case, the sale deed presented is found to be in order and in compliance with the provisions of the Registration Act 1908 and Indian Stamp Act 1899. However, such registration shall be subject to the outcome of the cases filed by the State Government against the order of the Special Court under A.P.Land Grabbing (Prohibition) Act,1982 vide LGC.No.167 of 1997. The petitioners are restrained from proceeding with further transactions in respect of the subject matiter, except on obtaining the required permission from this Courl" The Writ Petition is directed to be kept pending. Registry to make an endorsement to the effect that the Writ Petition will not be permitted to be withdrawn. List on 18.10.2023. //TRUE COPYII ggl N. CHANDRASEKHAR RAo ASSIST/TNT REGISTRAR V SECTION OFFICER To,

1. The Principal Secretary, Revenue Department (Stamps and Registration), State of Telangana, Secretariat, Hyderabad.

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

3. The Sub Registrar, Bowenpally Secunderabad. (1 to 3 by RPAD) 4. The Section Officer, Writ Section (Non Service), High Court at Hyderabad 5. One CC to Sri G. RAJESHWAR REDDY, Advocate IOPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court at Hyderabad.

7. One spare copy V HIGH COURT DT.CSL,J DATED:3010812023 LrsT oN 18.10.2023 ORDER WP.No.23960 of 2023 I!' DIRECTION TAce;\1 cAL $\sLP TtrT t