1 Allavarapu Lavanya v. State of Telangana

Petition under Article 226 of the constitution of India 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 the property bearing weitern portion of Shop bearing No. 4, in Cellar, SCB No. 5-24- 031, (pTlN No. PT05F8249034) on Plot No.44, SCB No.5-20-425, in Survey No.74t12,having a built up area 308 Sq. feet, (out of 616 Sq. feet), (inclusive of common areas), together with a proportionate Undivided share in land measuring 6.5 Sq. yards, (out of 13 Sq. Yards), out of total extent of 600 Sq. yards, situated at Three Murthy Weaker Section Co-operative Housing Society, IVlahindra Hills, East Marredpally, Secunderabad Cantonment, by declaring G.O.M.S.No.609, dated 1810812004 as illegal, arbitrary, unconstitutional and violati'r of the Constitution of the lndia and against the provisions o1 direct the 3rd respondent to register the Sale Deed perte bearing Western portion of Shop bearing No. 4, in Cellar (PTIN No. PT05F8249034) on Plot No. 44, SCB No. s-ill 74112, having a built up area 308 Sq. feet, (out of 616 l; common areas), together with a proportionate Undivided slrr 6.5 Sq. Yards, (out of '13 Sq. Yards), out of total extent of (i( at Three Murthy Weaker Section Co-operative Housing S: East Marredpally, Secunderabad Cantonment and release t[" , of Article 14 and 21 aw and consequently ning to the property SCB No. 5-24-031 , -425, in Survey No. 1. feet), (inclusive of re in land measuring 0 Sq. yards, situated ;iety, Mahindra Hills, I Same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir the affidavit filed in support of the petition, the High Cor,r direct the 3rd Respondent to receive and register the { presented in respect of the property bearing Western portic r :umstances stated in may be pleased to ale Deed document of Shop bearing No. 4, in Cellar, SCB No. 5-24-031, (PTIN No. PT05F8249034) on Plot No. 44, SCB No. 5-20-425, in Survey No.74112, having a built up arezr 616 Sq. feet), (inclusive of common areas), together Undivided share in land measuring 6.5 Sq. Yards, (out of total extent of 600 Sq. yards, situated at Three Murthy operative Housing Society, Mahindra Hills, East Marre I Cantonment, and release the same pending dispOsal of the l 308 Sq. feet, (out of uith a proportionate 3 Sq. Yards), out of f/eaker Section Co- lally, Secunderabad rit petition. Counsel for the Petitioner : Ms.D.PRAMADA Counsel for the Respondents: SMT.S.SRAVANTHI, . ASST.GP FOR STAMPS AND REG ! TRATION The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.39619 of 2025 THE 24TH DAY OF DECEMBER 2025 Between: Allavarapu Lavanya and Another AND ...Petitioners The State of Telangana, Rep. by Secretary, Revenue Department, Secretariat, Hyderabad & (2) others. ...Respondents ORDER: Heard Ms.D.Pramada, learned courrsel for the petitioners, Smt. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents ald perused the material on record. With their consent, this Writ Pctition 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 Western portion of Shop bearing No.4, in Cellar, SCts No.5-24-03 1, (PTIN No.PTO5F8249O34\ on Plot No. 44, SCB No.5- 20-425, in Sy.No.74/12, having a built up area of 308 Sq.feet (out of 616 Sq.feet), together with a proportionate undivided share in lancl admeasuring 6-5 Sq.vards (out of 13 Sq.yards), out of total ) 2 extent of 600 Sq.yards, situated at Three Murthy v 'eaker Section Co-Operative Housing Society, Mahindra Hills, Eas I Marreclpally, Secunderabad Cantonment and also the State ( iovernment is claiming the subject property as 'Government land n LGC No.167 of 1997. Aggrieved by the action of the Registerir g Authority in not registering the subject document, the present ' frit Petition is hled.

3. Learned Counsel for the petitioners further sr- bmits that the issue involved in the present Writ Petition is : lnnected with W.P.No.19iO6 of 20 10, which is fited by the St:t e Government against the order in LGC.No.167 of 1997 passed ry the Special Court under the Andhra Pradesh Land Grabbing (l' ohibition) Act, 1982, Hyderabad and the same rvas dismissed l 5' the Honble Division Bench of this Court on 28.O5.2O25. In vie "r' of the sarne, learned counsel requested this Court to allow the \ /rit Petition by directing the respondent No.3 to register the docur rent presented by the petitioners.

4. On the other hand, learned Assistant Gover:rment Pleader for Stamps and Registration did not dispute t.r : submissions made b-v the learned counsel for the petitioners.

5. ln vieu, of the submissions made by both sicll and in view of dismissal of the W.P.No.191O6 of 20 10 on 28.0.5 1025, this Writ 3 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 i997, 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 a-lso 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, if any, pending in this Writ petition, shall stand closed. SD/-A. SRINIVASA REDDY A SISTANT REGIS //TRUE COPY// ECTION OFFICER To, 1 The Secretary, Revenue Department, Secretariat, ngana State, Hyderabad

2. The District Registrar,, Hyderabad District, Hyderabad

3. The Sub Registrar,, Bowenpally, Secunderabad 4. One CC to N/s.D.PRAMADA, Advocate. tOpUCI 5. Two CCs to GP FOR STAIIPS AND REG|SIRAT|ON, l] gh Court for the State of Telangana. [OUT]

6. Two CD Copies. BSK BS \ . "l {!t. I I - - :=-='\.. " - .-,.--.> ,,.>1,1;/:..: ' _. t_/ \ I I 0r l IU €i:t' .2' .. - -t: .i,,, -.-'./t' )..' ,:_) i) \) x HIGH COURT DATED:2411212025 ORDER WP.No.39619 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS . la"l"