The High Court · 2025
Case Details
Ritu Gehani, d/o. lVlohan Tejumal Gehani, Mo. Amit Walia, aged about 40 years, residing at 19986, Belmont Station DR, Ashburn Virgiiia, 20147. U.S.A. Represented by t\ilohan Tejumal Gehani, (Authority Holder) s/o. Shri Gehani T.p., aged about 71 years, occ Retired, r/o. Plot No. 157 and 158, Balamrai Co-Op. Housing Society Ltd., Mahendra Hills, East tVlarredpally, Secunderabad. AND
1. Govt. of Telangana, rep. by its Secretary, Revenue Department, Telangana Secretariat, Hyderabad. ...PETITIONER
2. District Registrar, Hyderabad District, Hyderabad 3. Sub Registrar, Marredpally, Secunderabad ...RESPONDENTS Petition under Artjcle 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of 3rd respondent in refusing to register the document in respect of Plot bearing No. 145 in Survey No. 7419, admeasuring 430.00 Sq. yards or 459-48 Sq. mtrs situated at Seva t\rlandal Society, lr/ahendra Hills, East lvlarredpally, Secunderabad as illegat, arbitrary and contrary to provisions of Registration Act and in viotative of Article 14 and 13(A) of Constitution of lndia and hold G.O. 609, dated 18.08.2004 as ultra vires and set aside the same and consequently direct the 3d respondent to receive the sale deed executed by the petitioner and register the same in respect of Plot bearing No. '145 in Survey No. 7419, admeasuring 430.00 Sq. yards or 459.48 Sq. mtrs situated at Seva Mandal Society, Mahendra Hills Secunderabad ir survey No. 7416 and release the same. East Marredpally, l.A. NO: 2 OF 2O14(WPMP . NO:41'12 4 0F 20141 Petition urder Section rs1 cpc praying that in the cir::umstances stated rn the affidavit filed in support of the petition, the High court -nay be preased rt is submitted ths Q6,gistry whire preparing the interim order cop,y has not typed and usual order as b.ing passed in the batch of matters. onry a s;ingre rine order was passed on 2011ot2o14 as "interim direction as prayed for" we s drafted whereas in batch of matters ,:ne paragraph order is being passed as enc rosed in the materiar papers, the order cord have been as berow: rn the right of interim direction granted by this court in r;imrrar matters, there shalr be a direction t l the respondents 2 and 3 to receive;rnd register the document presented by the petitioner in respect of plot No. bearing 145 Sy No .7419 admeasuring 430 sq. yarls or 359 sq. meters situated at Baranrrai cooperative Housing society, mahendra hi s, Hyderabad, East Marredpally' Secunderabad cantonment. In the event the documents furfirs the requirement of raw, without reference to the craim of the ciovernment that it is Government land rhe Registration shal however be subjeci tc the resurt of this writ Petition. The:refore r pray this Hon'bre court to pass srmirar order in the above lines as is treing in the batch of Writ petitions. l.A. NO: 1 OF 201 4(WPM P. NO:39280 0F 2014) Peiition uncler section 1 51 cpc praying that in the circ.rmstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 3rd Respondent to receive and register the documerr. in respect of prot bearing No. 145 ir Survey No. 7419, admeasuring 430 00 Sq vards or 459.48 Sq. mtrs situated at seva Mandar Society, [Vrahendra Hirs. East i\/arredpary, Secunderabad in ;urvey No. 74lg and release the same pen() ing disposal of the v'rrit petition 19'106 of 2010 filed by the Government. Counsel for the Petitioner : D.pRAMADA Counsel for the Respondents: ASST.Gp FOR STAMpS & REr;t51p411g11 r ne uourt made the following: ORDER THE HONOURABLE SRT JUSTICE K.SARATH WRIT PEIITION No.3L422 of 2OL4 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record.
2. Learned counsel for the petitioner submits that at the time of admission, this Court granted interim order on 3L.lO.2Ol4, directing the Registering Authorities to receive ald register the document presented by the petitioners, if it is otherwise found to be in compliance with the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899.
3. Today, when the matter is taken up for hearing, learned counsel for the petitioner submits that in pursuance to the interim order passed by this Court on 3l.lO.2Ol4, the Registering Authorities have registered the subject document. 2 SK, J \\' l) I,lo.3 t 422 of 2014 4, Leaned Counsel for both sides subrnits that the connected matter in W.P.No.19106 of 2O1r.) fi1ed by the State Government against the order in l,(.lC.No. 16Z of 1997 passed by the Special Court under ,he A.p. Land Grabbinll prohibition) Act, L982, Hycerabad, was dismissed by the Division Bench of tlLis Court on
28.O5.2C25.
5. In view of the submissions made by both sides and in view of the dismissa_l of W.P.No.19106 of 201O on
28.O5.2C,25, the interim order passed by this Court in W.P.M.PNo.4ll24 of 2014 in W.P.No.3t,|22 of 2Ot4, dated 31.1O.2014 is made absolute. Accorci ir-rgly, the writ petition ..s disposed of.
6. It ir; made clear that mere registr.ation of the document does not confer title on the sr-r lt-ject properly and it is also made clear that this order lvrtuld not have any bealing on all those matters where titl:/rights of the parties are pending before the authorit.ies either in revision7'appeals for adjudication and in any other case tliis ord<:r also does not preclude the partics in asserting 3 SK, J W.P.No.31422 of 2014 their rights before a competent Court of law. There sha-ll be no order as to costs.
7. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// To,
1. The Secretary, Revenue Department, Telangana Secr Telangana, HYderabad.
2. The District Registrar, Hyderabad District, Hyderabad 3. The Sub Registrar, Marredpally, Secunderabad 4. One CC to D.PRAMADA, Advocate IOPUC] D/. B. REKHA RANI ANT REGIS TION OFFICER t, Govt. of 5 t TwoCCstoGPFoRSTAMPS®|STRAT|ON,HighCourtfortheState of Telangana. [OUT] Two CD Copies. BSK GJP M. HIGH COURT DATED:1910612025 ( / .:) I. .) \i: ,,,4r,, ll li 5gn 26p ,,/ ORDER WP.No.31422 of 2014 DISPOSING OF THE WRIT PETITION WITHOUT COSTS (9," q 1 \ 3