The High Court · 2025

Judgment

2. J

4. . R. Samatha Rani, Wo_ 5Ifr,'[IA #d;,{;''*:,"*lrft ,inft3,5i"','1",'P {sili;"o??;,EE; ff ijj;"":"Hfl 1"ff ir"?&,-n,,J??n8i,,,tn:$,,iT,1,,,#u??#if iarntkpuri, Malkaioiri, Hvderr fl,{J::i}:;,'-31";#i3HtJ,,tf S;,^,fS;'aT,,l.IEfl Ii;ost;Iff .^fl ?%,EIJ; ilt[?fi : ...PETITIONERS ik"J#Si?ffii!''*5,:st,i,,'";i:5lB:Hi,?::t"ii"t"BiB3*T"s["iJ I he Commis6ioner and lns r erangana, Hyderabad. ipector' General of Registration and Stamps- Department or stamps and Resisrrarion, Hyderabad ij:ir,3. :1315?tJstrar r ne Sub-Registrar, Departm€ secunderab jdbilt;;i"iii,a.[t":!::1T8:,#j.**"u",,._;.LJo::lil:

Petition under Articte 226 of the Constitution of lndia praying that in the circumstances staied in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or Direction more particurarry one in the nature of writ of MANDAMUS decraring the action of the respondents more particurarry the action of the 4th respondent in not receiving, registering and rereasing the sare deed pertaining - to the property i.e. Flat No.2, A_Block, Zna Floor,- Or"n"n" Encrave having a buirt-up area of 766 sft together with un-divided share of rand admeasuring land 10 sq. yards out of total land admeasurrng g2Z7 sq. yards situated in Sy.No.73 of East Marredpally, Secunderabad Contonment, Telangana State as iflegar' arbitrary and voirative of principres of naturar justice and arso l I I I I I i I I u contrary to the law laid down by this Hon'ble court apart fr: n being voilative of Articles 14, 2'l and 300-4 of the constitution of lndia and cor ;equenfly direct the 4th respondent to receive, register and release the sale dr> d pertaining to the property of petitioners 1 and 2 i.e. FIat No.2, A-Block, i nd Floor, Archana Enclave having a built-up area of 766 sft together with un-rli rided share of land admeasuring land 10 sq. yards out of total land admeastr p 9271 sq. yards situated in Sy.No.73 of East Marredpa y, Secunderabad corrl )nment, Terangana State in-favour of 3'd petitioner lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the ci :umstances stated in the affidavit filed in support of the petition, the High court nay be pleased to direct the 4th respondent to Receive, Register and rerer;e the sare Deed pertaining to the property of petitioners 1 and 2 i.e. Frat No.2 \-Brock, 2nd Floor, Archana Enclave having a built-up area of 766 sft together rai r un-divided share of land admeasuring land 10 sq. yards out of total land adr easuring g277 sq. yards situated in sy.No.73 of East Marredpafiy, Secunder rbad contonment, Telangana state in-favour of 3rd petitioner, pending disposal c the writ petition Counsel for the Petitioner: SRt. KRTSHNA KISHORE KOWU I Counsel forthe Respondents: Smt. S. SRAVANTHI, AGP FOR STAMPS AND RE(i STRATION The Cou( made the fotlowing: ORDER I I i ! IN THE HIGH COURT FOR TTIE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No 3a292 of 2025 Date:. 12.12,2o25 Between: R.Samatha Rani & TWo others ...Petitioners AND The State of Telangana, Rep. by its Principal Secreta-ry, Revenue Stamps and Registration Department, Secretariat, Hyderabad & Two others. ...Respondents ORDER: Heard Sri Krishna Kishore Kov'"rrri, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record. 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.4 is not receiving, registering and releasing the sale Deed presented by the petitioners in respect of the property in Flat No.2, A-Block, 2"4 Floor, Archana Enclave, having a built-up area of 766 Sq.feet, together with un-divided share of land admeasuring 1O Sq. yards i r- \. l ' l I I i 2 out of total land admeas uring 9227 Sq.yards, sr1 rated in Sy.No.73 of East Marredpaliy, secunderabad cantonmerr , and arso stated that the State Government is claiming the srr rject property as 'Government 1and, in LGC No. 16Z of 1997. \ggrieved by the action of the Registering Authority in not regist :ring the subject document, the presenr Writ petition is filed- 3. Learned Counsel for the petitioners further. submits that the issue involved in the present Writ petition iri connected with W.P.No.19106 of 2O10, which is filed by the ti ate Government agalnst the order in LGC.No. 16Z of 1997 pass<:, t by the Special Court under the Andhra pradesh Land Grabbing prohibition) Act, 1982, Hyderabad and the same was dismissert by the Hon,ble Division Bench of this Court on 2B.OS.2O2S. ln .r ew of the same, learned counsel requested this Court to allow thc Writ petition by directing the respondent No.4 to register the doc- arent presented by the petitioners.

4. On the other hand, learned Assistant Gov,:.nment pleader for Stamps and Registration has not disputed r he submission made by the learned counsel for the petitioners.

5. In view of the submissions made by both sick:r and in view of dismissal of the W.p.No.19106 of 2O1O on 28.05,102S, this Writ Petition is disposed of directing the respondent No.4 _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 Registration Act, 1908, and Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before it, if there are any objections, by duly assigning reasons in support of such decision and communicate the same to the petitioners thereon.

6. It is made clear that mere registration of the document does not confer any title on the subject 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 1n asserting their rights before a competent Court of law. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL DEPUW RE SECTION OFFICER I/ 1 . The Principal Secreta ry, Department of Revenue angana State Secretariat, H Dr.B.R.Ambedkar Tet S mps and Re erabad gistration), oT

2. The Commissioner and " lPlalgqna, Hyderabad. ] pi"ir[ia.5:fl'o"ir{oo5oa'tment or stamps and Resisrr rtion, Hyderabad lnspector' General of Registrati: r and stamps. \ tf$":f*$**ry,*rus';p**ru;*;.'"ffi 1:"' ryn" I - HIGH COURT DATED:1211212025 ORDER WP.No.38292 of 2025 \- -n k -\r,lj.--.\ :J,C \ r\\ 1 lllEL 2ff25 I I J ,) t: tz .,- -:--:;/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \q \ I I