The High Court · 2025
Case Details
Acts & Sections
'1 . V. Venkata Subba ReddY alias Vem Srinivasulu Reddy, Aged about 76 Yea lndian Airline Colony, Opp. BegumP 500003 Ku nta ma a N a N asa b u S a nam h N asaI M a ka s r S a nam S r n a o ut 5o a rS nde a ad 00 0 b Aged u S sa b h U h 5 h 2 ruVenkata Subba ReddY, S/o. V. Occ. Business, Rio,'1-8-450/1lA-49, Airport, BegumPet, HYderabad - Rao, S/o. Kuntamalla LingaPPa Occ. Service, R/o. H.No.22-206, R.K 7 ...PETITIONERS AND 1 2 f T J a e U R s Stta on S r D S u R q b e a ng an a De rtme n p a ) ct Res S ra t t t Re ra r B owe n pa v p b t Secreta nat B ra a b d s S ta on Depa rtm n t H yd era ad b D ca n onm n S EC u nd bra ad d n S s T H v trict, Hyderabad. S. its Pn n al Secretary, Revenue (StamPs and ...RESPONDENTS Petition under Article 226 of the Con circumstances stated in the affidavit filed pleased to issue a Writ, Order or direction WRIT OF MANDAMUS declaring the actio not entertaining and registering the Sale pertaining to the Property bearing Plot No.7 Sq.Yards or 175.SBSq.Meters in the Layou HOUSING SOCIETY, situated at M Secunderabad as illegal, arbitrary and opp the Constitution of lndia as well as to the '1908 and consequently direct the Respo register the Sale Deed presented by the P Sy.No.74i4 admeasuring 210.00 Sq.Yards titution of lndia praying that in the herewith, the High Court may be ore particularly one in the nature of of the Respondent No.3 herein in eed, presented bY the Petltioners in Sy.No.74i4 admeasuring 210.00 of VYJAYANTHI CO-OPERATIVE indra Hills, East MarredPallY, sed to the Articles 14 and 300-4 of Provisions of the Registration Act' dent No.3 herein to entertain and titioners pertaining to Plot No.74 in r 175.58Sq.Meters in the LaYout of VYJAYANTHI CO-OPERATIVE HOUSING SOCIETY, situated at Mahindra Hills, East [t/arredpa lly, Secunderabad lA NO: 1 OF 2025 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 Respondents No.3 herein to receive and register the Sale Deed presented by the Petitioners pertaining to the property bearing Plot No 74 in Sy.No.7414 admeasuring 210 00 Sq Yards or 'l75 58Sq.Meters in the Layout of VYJAYANTHIE CO OPERATIVE HOUSING SOCIETY, situated at Mahindra Hills, East Marredpally, Secunderabad and release the same pendrng disposal of the above Writ Petition Counsel for the Petitioner: SRl. ELICHETTY SAI SUMAN Counsel forthe Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER @w THE HONOURABLE S JUSTICE K.SARATH WRIT PETITION N .2242L of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Govcrnmcnt Pleader or Stamps and Registratron appearir-ig for Lhe respondent With their consent, this Writ Petition is disposed of at t e stage of admission itself.
2. It is t hc case ol the petitioners that the Resporrdcnt No.3-Su b-llegistr is not registering the Sale Deed of the pctitioncrs in lcs ect of the prooerty bearing Plot No.74 aCmcasui'ing 2lO Sq. Yards in Sy.No.74l situatcci in thc 1a1,6.,1 of Vyj a. anthi Co-operative Housing Society, Mahinclr:r I { ills, Ilast arredpally, Secunderabad, bir declaring ll'ir: G.t'-).Ms o.609, Revenuc (ltcgn- 1) I)cpartrncrrt, dLrLc.i i 8.08.200 , as illegal and arbitrary Aggrieved by tirc aci.ion ol the egistering Authority in not rcgistering thc subject clocumc t, the present rnrrit petition is filed. 3 . I.e zrrne ci coun sel r the petitioners further snbrrrits ttrat Lhc issuc involve in this matter is connected I 2 %\ withW.P.No.lglO6of2010,whichisfiledbytheState Government against the orcler in LGC'No \67 ol 1997 passed by the Special Court undr:r the A P Land Grabbing (Prohibition) Act, 1982, Hyderabad and Lhc same rvas dismissed by the Division Bcnch of this Court orr
23.os,2o2S.Therefore,learnedcounselreclucstcdtoailow the writ petition by directing the rcspondcnt No'3/Sub Registrar to register t.he Sale Dced prcscntcd by the petitioners.
4. On the other han<l, the lcarned Assistant Government Pleader for Stamps and Rcgistration has not disputed. the submission made by thc lcarncd counscl for the petitioners.
5. In view of the submissions madc try both sides and in vicr'v 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 rcceivc' register and release the document pre sented by thc petitioners in respect of subject property without reference to the LGC.No.|6ToflggT,subjccttothepetitionerscomplying I i @ / 1 To, 1 2 3 4 with the provisions of the Indi Registration Act, 1908, and Indian Stamps Act, 1899 It is also open to the Registering Authority to refuse he document presented by thc pctitioners, if any othcr rea ons and communicate the samc to ttrc pe titioncrs
6. It is madc clcar th t mere registration o[ the document does not conle r title n the subject property and it is also madc clcar thal this order would not have any bcaring on all thosc matters where title/rights of the parucs are pcnding bcfore the authorities either ln revi sion / zrppeals for adjudical.i n and in any other case. This ordcr also docs not precl de the parties in asserting their rights belorc ar compctc t Court of lau,. However, thcrc shall be no ord.cr as [o ccr 7 . Misceliancous Petiti ns, if any, pending in this -'r,rit petition shall sternd closed. //TRUE CO Yll i3!,EJ^RlH'[t?HXA (r* SECTION OFFICER fl n C pa Se re a ry Re en ue S P The Secretafla B U d nsS T S Hyderabad etabad D st ct t m n Hvd t Re Stla Reg Stration De a rt p D S t nderabad T S Secu lv, c e a n onm owe npa N Advocate oP U Reg S tar bUS C TTY SA S U E L HC E o ne U to R S r B t g C a ps and Registration) DePartment' Hvde ra ad b w \
5. Two CCs to Gp FOR STAMPS AND REGTSTRATTON ,High Court for the ^ State_of Tetangana at gyoerjoio foUij" " '-' '' 6. Two CD Copiei BM 4p- BS t I I { 11:E ST4fs c( ) ,,) ri'-' \r1^, \\", 12 tUE zffi {rF, '' ,. ,- ,.',/7 HIGH COURT DATED:31 10712025 ORDER WP.No.22421 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS P+ $ 1E-