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 issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the 3rd respondent in not registering the petitioners Sale Deed document in respect of property bearing Eastern portion of Shop bearing No.4, in Cellar, SCB No.5-2 031, (PTIN No. PT05F8249034) on l Plot No. 44, SCB No. 5-20-425, in Survey N74t12, having a built up area 308 Sq. feet, (out of 616 Sq. feet), (inclusive common areas), together with a proportionate Undivided share in land measuring 6. Sq: Yards, (out of 13 Sq. Yards), out of total extent of 600 Sq. yards, situated Three Murthy Weaier Section Co-operative Housing Society, Mahindra Hills, East Marredpally, Secunderabad Cantonment, by declaring G.O.M.S.No.609, dated 18lOBl2OO4 as illegal, arbitrary, u nco nstitutional and violative of Article 14 and 2'l of the Constitution of the lndia and against the provisions of law and c< nsequently direct the 3rd respondent to register the Sale Deed pertainin$ to th,.' property bearing Eastern portion of Shop bearing No. 4, in Cellar, SCB No. 5-2 t-031, (PTIN No. PT05F8249034) on Plot No.44, SCB No. 5-20-425, in Survey I..k .74112, having a built up area 308 Sq. feet, (out of 616 Sq. feet), (inclusive cf common areas), together with a proportionate Undivided share in land measur r g 6.5 Sq. Yards, (out of 13 Sq. Yards), out of total extent of 600 Sq. yards, r ituated at Three [\Iurthy Weaker Section Co-operative Housing Society, Mar ndra Hills, East Marredpally, Secunderabad Cantonment and release the same. Counsel for the Petitioner : Ms.D.PRAMADA Counsel for the Respondents: SMT.S.SRAVANTHI, . ASST.GP FOR STAMPS AND REGISTIT \TION The Court made the following: ORDER 5 ..l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.39625 of 2o25 TH.E 24TTI DAY OF DECEMBER 2025 Between: Thupakula Uday Kumar and Another ...Petitioners AND The State of Telangana, Rep. by Secretary, Revenue Department, Secretariat, Hyderabad & (2) others. ...Respondents ORDER: Heard Ms.D.Pramada, 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.3 is refusing to register the petitioners' Sale Deed in respect of the property in Eastern portion of Shop bearing No.4, in Cellar, SCB No.5-24-O3 1, (PTIN No.PTO5FB249O34) on Plot No.44, SCB No.5- 20-425, in Sy.No.74l 12, having a built up area of 308 Sq.feet (out of 616 Sq.feet), togettrer with a proportionate undivided share in land admeasuring 6.5 Sq.yards (out of 13 Sq.yards), out of total r 2 extent of 60O Sq.yards, situated at Three Murth,, Weaker Section Co-Operative Housing Society, Mahindra Hills, Ii rst Marredpally, Secunderabad Cantonment and also the Statr: Government is claiming the subject propert], as 'Government lan( ' in LGC No.167 of 1997. Aggrieved by the action of the Register ng Authority in not registering the subject document, the preserL Writ petition is filed.

3. Learned Counsel for the petitioners further ubmits that the issue involved in the present Writ petition is connected with W.P.No.191O6 of 2010, which is filed by the Slrte Government against the order in LCC.No.16Z of 1997 passe r b1. the Special Court under the Andhra Pradesh Land Grabbing prohibition) Act, 1982, Hyderabad and the same was dismissert by the Hon,ble Division Bench ol this Court on 2S.OS.2O2S. In r, ew of the same, Iearned counsel requested this Court to allow th: Writ petition by directing the respondent No.3 to register the docr ment presented by the petitioners.

4. On the other hand, learned Assistant Go.,, rnment pieader for Stamps and Registration did not dispute 1 ee submissions made by the learned counsel for the petitioners.

5. In view of the submissions made by both sirl :s ald in view of dismissal of the W.P.No.19106 of 201O on 2g.O ) 2025, this Writ 7 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 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 in asserting their rights before a competent Court of law. There shall be no order as to costs. Miscellaneous Petitions, ii any, pending in this Writ Petition, shall stand closed SD/. AS A. SRINIVASA REDDY ISTANT REGISTRAR /ffRUE COPY// SEC TION OFFICER To, 1 The Secretary, Revenue Department' Secretariat' ngana State, Hyderabad

2. The District Registrar, Hyderabad District' Hyderabad 3. The Sub Registrar, Bowenpally' Secunderabad I

4. One CC to Ms D PRAMADA' Advocate [OPUCI 5. Two CCs to GP FOR S.TAMPS AND REGISTRATION' Hir h Court for the " Siaie ot fetangana [OUTI 6. Two CD CoPies BSK BS \ I t I I / ) HIGH COURT DATED:2411212025 I1 .,) t,i; :'-- \J () * [] : JA'i ,i2,1 ,>tr. ' ::--" : -'-':;-' ORDER WP.No.39625 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS wb, 1