Hf High Court · 2025

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 register the Sale Deed/Gift Deed/Agreement of Sale/Lease Deeil/Settlement Deed/ Mortgage Deed etc., presented by the Petitioners in respect of Flat No.102 (Assessed as H.No.10-3-201515 to 8 and 3t42t1N102 (PTl NtoF'301015198) in the First Floor having built up area 1150 sft (including commorareas) and Car Parking in Stilt Floor in the building known as MAHALAXMI EXOTICA together with undivided share of land admeasuring 47 sq.yds or 39.298 sq.mts out of 889 sq.yds in premises bearing H.No.1O-3-2O15t5, 10-3-201516, 1O-gAWil7, 1O-3-2Ot5l8 and 1O-3-42t1A on Plot No.188 in Sy.No.74, situatdd,Frdt,Addagutta, East Marredpally, Secunderabad as illegal, arbitrary and against the provisions of law and consequently direct the I t i I Respondent Nos. 2 and 3 to receive and register the Sale Deed/Gift Deed/Agreement of Sale/Lease Deed/Settlement Deed/ Mortgage Deed etc., presented by the Petitioners pertaining to the above property thereby to release the same in accordance with law. lA NO: 1 OF 2025 ,! Petition under Seciion 151 CPC praying that in the circumstances stated in the affidavit filecl in support of the writ petition, the High Court may be pleased to DIRECT the Respondent Nos. 2 and 3 to receive and register the Sale Deed/Gift Deed/Agreement of Sale/Lease Deed/Settlement Deed/ Mortgage Deed etc., presented Uyiti6'Petitioners in respect of Flat No.102 (Assessed as H.No.10-3-2015/5 to 8 and.3l42l1Al102 (PTl No.1301015198) in the First Ftoor having built up area 1150 sft (including common areas) and Car Parking in Stilt Floor in the building known,as MAHALAXMI EXOTICA together with undivided share of land admeasuring 47 sq.yds or 3g.2g8 sq.mts out of 88g sq.yds in premises bearing H.No.10-3-201515, 10-3-201516, 1O-3-2O1517, 10-3-2OtSl8 and 10'3-42114 on Plot No.188 in Sy.No.74, situated at Addagutta, East Marredpally, Secunderabad thereby to release the same. Counsel for the Petitioners:'SRl G.RAJESHWAR REDDY counsel for the Respondents: sMT. S.SRAVANTH|, AGP FoR srAMps AND REGISTRATION The Court made the following: ORDER - i. .ir'r:l,i ' :1 i\, . ,,'.'n THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.35629 of 2O2S ORDER: Heard Mr. G.Rajeshwar Reddy, learned counsel for the petitioners and Mrs. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this Writ Petition is disposed of at the stage of admission itself.

2. It is the case of the petitioners that the Respondent No.3-Sub Registrar in refusing to register the Sale Deed presented by the petitioners in respect of Flat No. 102 (Assessed as H.No. 10-3-20 I 5 / 5 to 8 and 3 I 42 / LAI lO2 (PTI No. 130 10 15 198) in the First Floor in the building known as 'Mahalaxmi Exotica' together with undivided share of land admeasuring 47 Sq. .Yards (or

39.298 Sq. Meters) out of 889 Sq. Yards in premises bearing H.No.10-3-20 /5/5, 10-3-20 /516; 10-3-20 lS/7. I I I I I !' II i! ;i I 'l,I j i li,l i I i 2 I 10-3-20 / 5 I 8 and LO-3-42 / LA on Plot No. 188 in Sy.No.74, situated at Addagutta, East Marredpally, Secunderabad and also stated that the State Government is claiming the subject property as lGoVernment land' in LGC No. 1.67 of 1997 . Aggrieved by the action of the Registering Authority in not registering the subject document, the present writ petition is filed.

3. Learned Counsel for the petitioners further submits that the issue involved in this matter is connected with W.P.No.19106 of 2O1O, wlrich is filed by the State Government against the order in LGC.No. 167 of L997 passed by the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982, Hyderabad and the sarne was dismissed by the Division Bench of this Court on 28.05.2025. Therefore, learned counsel requested to allow the writ petition by directing the respondent No.3- Sub Registrar to register the document presented by the petitioners \ \ 3

4. On the other hand learned Assistant Government Pleader for stamps and Registration has not disputed the submission made by the learned counsel for the petitioners.

5. In view of the submissions made by both sides and in view of dismissal of the W.p.No.19106 of 2010 on

28.O5.2025, the Writ Petition is disposed of directing the respondent No.3-Sub Registrar to register and release the document presented by the petitioners in respect of subject property without reference to LGC No.167 of 1997 , subject to the petitioners complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse the document presented by the petitioners, if any other objection and communicate the same to the petitioners.

6. It is made clear that mere registration of the document does not confer title on the subject property \ \ \ t\ 4 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 tkreir righl-s before a competent Court of law. There shall be no order as to costs.

7. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. L.VIJAYA LAXMI ASSISTANT REGISTRAR6 SECTION OFFICER

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

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

3. The Sub Registrar, Marredpallf; Secunderabad. 4. One CC to SRI G.RAJESHWAR REDDY, Advocate [OPUC] 5. Two CCs to GP FOR STAMP'S AND REGISTRATION, High Court for the State of Telangana, at Hyderabad. [OUT]

6. Two CD Copies PSK. PSK \ \ A p -\ \ CC TODAY HIGH COURT DATED i2411112025 ORDER WP.No.35629 of 2025 ll: ST4 I 2 4 rilu ?.iI6 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ .r