V.Sundara Raman S/o S.K.Venkataraman v. State of Telangana

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 issue a writ of Mandamus declaring the action of the rd and 31 respondents in not receiving and registering the sale Deed presented by the petitioner in respect of flat No. 201, 1st floor together with undivided share of land admeasuring 45 Sq.yards out of 500 Sq.yards in premises bearing No' 10-3- 32tgt33 together with parking area in the cellar known as sai Brindavan Apartments situated at East Marredpally, secunderabad with plinth area of 1047 Sq.feet, as illegal, arbitrary and violative of Article 300-4 of the Constitution of lndia and consequently direct the 2nd and 31.11 respondents to receive and register the sale rDeed to be presented by the petitioners in respect of flat No. 201, 1st floor together with undivided share of land admeasuring 45 Sq-yards out of500sq.yardsinpremisesbearingNo.l0-3-3219/33togetherwithparkingarea in the cellar known as Sai Brindavan Apartments situated at East Marredpally' Secunderabad vrith plinth area of 1047 Sq.feet, and release the sante in favour of the petitioner and pass such other order or orders as the Honble court may deem fit and proper in the int€'rests of justice. l.A. NO: 1OF 20 15(WP MP. NO:28719OF 201s) Petition urder Section 151 cPC praying that inthe circumstances stated in the affidavit file,l in support of the petition, the High court may t:e pleased to direct the 2nd and the 3rd respondents to receive and reg'ster the sale Deed to be presented b), the pr;titioner in respect of flat No. 201 , 1st floor together with undivided shart; of land admeasuring 45 Sq-yards out of 500 Sq.yards in premises bearing No. 10-3-32/9/33 together with parking area in th€) cellar known as sai BrindavaLn Apartments situated at East fVlarredpallv, Secunderabad with plinth area of 1)47 Sq.feet and release the same pending disposial of the writ Petition, and grilnt such other relief as it deems fit in the circumstances of the Counsel for the Petitioner : SRI PERI PRABHAKAR Counsel for the Respondents: ASST. GP FOR STAMPS & REGISTRATION The Court made' the fo,lowing: ORDER ----7/ 1/ THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITIONN0.22265 of 2015 ORDER Heard [earned counsel for the petitioner and tearned Assistant Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposa[.

2. lt is the case of the petitioner that the Registering Authority has refused to register the subject document on the ground that tlie state Government is claiming the subject property as ,Government [and, in LGC No.'167 of 1997. Aggrieved by the action of the Registering Authority in not registering the subject document, the present writ petition is fited.

3. This Court granted interim order on. 17.07.2015, directing the Registering Authority to receive and process the subject document, subject to the outcome of WP No.'19106 of ZelO fited by the State Government against the order passed by Speciat Court under A.p.Land Grabbing (Prohibition) Act, 1982 in LGC No..t67 of 1997.

4. Today, when the matter has been taken up for hearing, learned counse[ for the petitioner submits that in pursuance to the interim 2 1 order passed by this court on 17.07.2015, the Registerinr3 Authority have registered the subject document and further submits r:hat in view of interim order lrassed by this court no further orders are required in this Writ pr:tition

5. Learned Assistant Government pteader for Stamps and Registration woull submit that the subject matter in this w.it petition is squarety covered by the order passed by this court in wp No.11653 of 2013, dated ,13.07.2024, and the relevant paragraph,i; reads as under: "6. Leorned Assistant Government pleader t'or StamlLs ond Regislrotion would submit thot counter aft'idovit hos beeit filed on behaLf of 'espondent No.2 i.e., District Collector, Hyde.obod, and the Paragraph No.8 reads as: 'lt is s hmitted thot o comprehensive land cose wa:; f iled by the then lAondal Revenue Officer, Marredpolly crgoinst the (7, Societies and as well os some of individuti:i ptot owler: of Sy.No.74 of lAarredpoily (poigah) villt.rge in L.G.C, No.167t97 in the Spl.Court unaer t.C1i1 Act,1982. The.Hon'ble Spl.Court, under A.p.L.G.e1 Act disrnissed the LGi No.167/97 on l8-03-2010. Aggrieved by the same, the then tlRO, l,Aorredpally tAandol filed Wp No.191)6/2010, before the Hon,ble High Court artd the some i: pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly apprecioting the evidence of Govt. ond as such writ petition has been-filed challenging the same. Thus the iGC judenent hcri not become finol. Further submitted tiat-the Iitilation between the porties and the Govt. hos not reocneli'ti its rogical end. lJnder such circumstonces it con,t be, soid that Govt. hove lost its cloim. As such the inter(,st of r3ovt. slill subsrsts. ln view of the above the interest of 7, 3 ,th.e subject land wiil be jeopardized Govt. thot subsisfs in if this w.p. is ouowed. H";;;;;r'i;;['ili'ai,riuot., 7. Leorned Assistant Government pleader would submit that subject matter was earlier odjudicoted by the Spl.Court under A.P.L.G.(P) Act, tgL2, vide LGC No.t67 of 1997, however the soid LGC No.t67 of 1997 has been dismissed on 18.03.2010. Aggrieved the some, the lylondot Revenue Officer, lilarredpolly lvlandol, filed Wp No.t9t06 of 2010 before this Court ond the Hon'ble Division Bench hos heord and reserved for orders. 8. Learned Assistant Government pleader would further submit thot many porties hove fited writ petitions on the similor issue ond obtoined interim order and thereafter the respondent outhorities have received, registered ond releosed the documents therein, however t'oirly submits that in most of the cases, the respondent outhorities hove not fited counter_ offidavit ond the counter_ot'fidavi t filed in this writ petition may be odopted in olt these similar pending writ petitions, as the issue involved in olt the pending writ petitions is one ond the same ond proy this Court to dispose of ott the pending writ petitions, gronting liberty to all the concerned porties to seek appropriote remedy, subject to the outcome of the order which would be poss in Wp No.l9t06 of 2010. . 9' Recording the submission made by the reorned counser on either side ond in view of the fact that the subject document is registered in pursuant to the interim order, this court deems it appropriate to disposed of the writ petition gronting liberty to both the porties to seek oppropriote remedy, in occordonce with low, subject to the outcome of the order which would be pass in WP No.19106 of 2010, if so otherwise aggrieved.,, I 4

6. Learned counsel for the petitioner fairty submits that similar order may be pass in this writ petition.

7. Recording the above submission made.by Learned counsel on either side and irr terms of order passed by this Court in Vlip No.1165j of 201 3 dated 23.07.2024, this writ petition is disposed of granting tiberty to both the parties to seek appropriate remedy in accordance with [aw, r;ubjecl to the outcome of the order which wout,lJ be passed in WP No.19106 cf 2010, if so otherwise aggrieved.

8. lt is made <.tear that mere registration of the document does not confer tith on the subject property and it is atso made ctear that this order wourtd nor: have any bearing on atl those matl.ers where titte/rights of the parties are pending before the authoriti,ils either in revision/aprpeats br adjudication and in any other case thi:i order also does not precturje the parties in asserting their right:; before a competent Court cf [aw.

9. Acco.dingty, this writ petition is disposed of. Miscettaneous apptications, if any pending, shatI stand cLosed. No order asi to cost. To, //TRUE COPYII AssrsrANsf/Rf"ryffi{ / sEclr:Na#FtcER 1 2 3 +: i, FJ*'i € f Sf fi l? I*,[?yS The District Registrar, Hyderabad District, Hyderabad. _ The Sub-R,:gistrar Marredpally, Secunderabad, - n u e De p a rrm e nt, sta te o r re r a n g a .r a,

4. One CC to SRt PERI PRABHAKAR, Advocate, tOpUCl 5. Two CCs to Gp FOR STAMPS & REG|STRAT|ON, High Court for the State 6. Two CD Copies. of Telangana. [OUT] \ BSK GJP s I I HIGH COI.JRT DATED:071021?.025 \ r 1EL4 i{r Z ORDER WP.No.22265 c,f 2015 i4s s* cAs rtrltl * i' ( c' DISPOSING OF THE WRIT PETITION WITHOUT COSTS - 1.1 @c4' "K