The High Court · 2025

Petition under Article 226 of lhe 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 lvlandamus declaring action of the Respondents more particularly the Respondent No.3, while refusing to register the Memorandum of deposit of Title deeds presented by the petitioner in respect of the Plot.No.1 5, extent 253 Sq. yards Open Land in Survey No.7419, situated at East Marredpally village Secunderabad, Hyderabad District as illegal, arbitrary and against the provisions of law and consequently direct the respondent No.2 and 3 to receive, register and release the Memorandum of deposit of Title deeds pending disposal of W.P. 19106 of 2010 and to release the same in accordance with law. 7 lA NO: 1 OF 2024 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ine uigrr court may be pleased to direct the respondents No.2 and 3 to receive, register and release the Memorandum of Deposit of riile deeds presented by th6 petitioner in respect of the Property open prot.No.15, open Land exteni 253 sq. yards in burvey No.7419, situated at East Marredpally village Secunderabad, Hyierabad District, pending disposal of WP 19'106 ol 20,10. Counbel for the Petitioner: SRI A. SAMEER KUMAR counsel for the Respondents: ASST. cp FoR srAMps AND REGISTRATION The Court made the following: ORDER U -.-----.-----'-7 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.339O4 of 2024 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. i to 3.

2. This writ petition is liled to declare the action ol the Respondents more particularly Respondent No.3 while refusing to receive and register the Memorandum of Deposit of title deeds presented by the petitioner in respect of plot No.l5, to an extent of253 sq.yds., in SY.No.74/9 at East Maredpally Village, Secunderabad as illegal, arbitrary and consequently direct the Respondent Nos.2 and 3 to receive and register the Title Deeds dated pending disposal of W.P.No. 19 106 of 20 10 and to release the same in accordance with lau,.

3. Learned counsel for the petitioner submits that petitioner is the owner and possessor of the House on Plot No.i5, open land admeasuring 253 sq.yds of open land in Sy.No.74/9 situated at East Marredpally, Secunderabad, having acquired the same through L, registered sale deed bearing Doc.No.4O8/1990 dated 10.01.1990. It ts lurther submitted that the petitioner, with an intention to construct the building on the subject plot, had obtained permission from CHMC 2 and accordingly started construction of Ground + two floors. Thereafter' petitioner obtained roan from Union Bank of India and executed Memorandum of Dep.osit of Title deed and presented the same before respondent No.3 and paid e_challan. However, responden t No'3 has refused to register the subject document stating that to obtain a Court order as Sy.No.74 is pending subject to outcome of W.P.No. 19106 ot 20tO Aggrieved by the same, this writ petition is liled.

4. Learned counsel for the petitioner submitted that many writ petitions were fired seeking registration of the documents in respect of the lands in Sy.No.74 at East Marredpally, Secunderabad, and this Court had directed the registering authority to receive, register and release the documents presented in respect of the rand in Sy.No.74 at East Marredpa,l" Secunderabad and sought to pass similar order.

5. Learned Assistant Government pleader for Stamps and Registration while acceding to the submissions made by the rearned counsel for the petitioner would submit that many number of writ petitions have been filed on similar issue wherein no separate counter affidavits have been filed however, in one of the writ petition i.e., in W.P. No. 11653 of 2013, which was disposed of on 23.OZ.2o24by this court' a counter affidavit has been fired and the averments mentioned 3 therein may be read/adopted as a counter averments in the present writ petition and has drawn the attention of this court to the relevant paragraph of the counter affidavit fiied in w.p. No.11653 of 20 13, which reads as under: "It is submitted that a comprehensiue land- case tlcLs filed bg the then Mandal Reuenue Offi.cer, Marred.pally against the (7) Societies and as well as some of indiuidual plot owners of Sg.No.74 of Marredpallg (Paigah) uillage in L.G.C, No. 167/97 in the Spl.Court under L.G(P) Act, 1982. The Hon'ble Spl.Court, und-er A.P.L.G.(P) Act dismissed the LGC No.167/97 on 1B_03_ 2010. Aggieued bg the same, the then MRO, It-Iarredpally Mandal filed Wp No.19106/2O1O, before the Hon'ble High Couft and the same is pending. TLe Hon'ble Spl.Court dismissed the LGC on "oon"ou. grounds tuithout properlg appreciating the euid ence of Gout. and as such utrit petition has been filed challenging the sclme. Thus the LGC jud"gment has not become final. Further submitted. that the litigation between the parties and tlrc Gout. has not reached. to its logical end. [Jnder such circumstances it can't be said_ that Gout. ltaue lost its claim. As such the interest of Gout. still subslsfs. In uieu.t of the aboue the interest if Gout. that subsisfs in the subject land. u_riil be jeopardized if thts W.P. is allowed. Hence it is liable for dismissal."

6. Learned Assistant Government preader would submit that subject matter was earlier adjudicated by the Spl. Court under A.P.L.G.(P) Act, 1982, uideLGC No.167 of 1992, however the said LGC No.167 of 7997 has been dismissed on 1g.03.2010. Aggrieved by the same, the Mandal Revenue Officer, Marredpally Mandal, filed Wp I 4 No.19106 of 2O1O before this Court and the same has been heard and reserved by the Hon'ble Division Bench.

7. At this stage, learned counsel for the petitioner submit that since in similar writ petitions this Court by way of interim order had directed the registering authorities to receive, register the documents presented before them, without relerence to the claim of the Government that it is Government land and in pursuance to the said interim direction the documents therein were registered and since the cause in those u,rit petitions has been served this Court had disposed those writ petitions, granting liberty to all the concerned parties to seek appropriate remedy, subject to outcome of the W.P. No. 19106 of 2010, which is pending for orders before the Division Bench of this Court. Learned counsel for the petitioner prayed this Court to dispose of the writ petition by passing similar order as passed in those writ petitions.

8. Learned Assistant Government Pleader has not disputed the same.

9. Having regard to the facts and circumstances of the case and recording the submissions made by the learned counsel on either side, this Court deems it appropriate to dispose of the writ petition directing 5 the registering authority to receive, register and release the subject document, as expeditiously as possible, preferably, within a period of three (03) weeks from the date of receipt ol copy ol this order. It is made clear that the registration of the subject document is subject to outcome of the W.P. No.19106 of 20 1O. It is also made clear that if either of the parties are aggrieved by the orders to be passed in W.P.No.19106 of 20 10, libertv is granted to parties to pursue their remedies as available under law.

10. It is made clear that mere registration of the document does not confer title on the sub.ject property 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 any other case this order also does not preclude the parties in asserting their rights before a competent Court of law.

11. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to cost \ To, ,TRUE COPY// I SD/- K.SREERAMA MURTHY ANT REGISTRAR A S ECTION OFFICER Hvderabad Secreiariat of State of Telangana' .H.yderaDao

1. Princioal secretary, Revenue Department (Stamps and Registration) 2. The District Registrai, ii;;p=;;;b At*rances' Hyderabad District' Nampallv 3 Tt;t;; ti"qistrar. [i/larredpql!v,.?! Bowenpallv' Secunderabad-09 i. o;;Leb!"RI'A. sAMern KUMAR' {d1r9^c91-e toPUCl ;: i;; dc. t" ci Fon'sinrt'lpdANb necrsrnerloN' Hish courtror the -. 6. Two CD CoPies State of Telangana. {OUTI\ i ;i 'l i l i [' 1 I I HIGH COURT DATED:1010112025 ORDER WP.No.33904 of 2024 ( q o o TS A c 30 d l",r I'al7 ,l t St/1- DISPOSING OF THE WRIT PETITION WTHOUT COSTS 1 Gda\ fr"