The High Court · 2025
Case Details
Petition undqr 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 djrection more particularly in the nature of writ of - ' mandamus declaring the action of the 3rd respondent in not registering the' document petitio-ners deposit of title deed/mortgage deed in respect of the property bearing Plot Nos.1B and 2, admeasuring an extent of 614 square yards equivalent to 513.30 Square Meters in Dhanalaxmi cooperative Housing society, Mahendra Hills in sy.No.7417 Easl Marredpally, Secunderabad cantonment by declaring G.o.M.S.No.609, dated 1 8-08-2004 as illegal, arbitrary, unconstitutional and against the provisions of law and consequently direct the 3rd respondent to register the deposit of title deed/mortgage deed in respect of the property bearing Plot Nos.1B and 2, admeasuring an extent of 614 square yards equivalent to 513'30 Square Meters in Dhanalaxmi Cooperative Housing Society, Mahendra Hills in Sy.No.74l7 East Marredpally, Secunderabad Cantonment and release the same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd Respondent to receive and register the deposit of tile deed/mortgage deed in respect of the property bearing plot Nos. 18 and 2, admeasuring an extent of 614 square yards equivalent to 513.30 Square Meters in Dhanalaxmi cooperative Housing Society, Mahendra Hills in Sy.No.74l7 East Marredpally, Secunderabad Cantonment and release the same pending disposal of the writ petition. Counsel for the Petitioner:MS D. PRAMADA Counsel for the Respondents: SMT S. SRAVANTHI AGP FOR STAMPS AND REGTSTRATION The Court made the foltowing: ORDER I 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.4O315 OF 2O2s Date: 3L.L2.2O25 Between: Sri Abhinav Bhosle and another AND Petitioners The State of Telangana, Rep. by its Secretary, Revenue Department, Secretariat, Hyderabad & two others ...Respondents ORDER: Heard Ms. D.Pramada, learned Counsel for the petitioners and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on recordl With their consent, this writ petition is disposed of at the stage of admission itself. a
2. 1 It is the case of the petitioners that the respondent no.3 is not registering the Deposit of Title Deed/ Mortgage Deed of the petitioner in respect of the property bearing Plot Nos.lB and 2, admeasuring 6L4 square' 't i! 2 SK,J W.P.No.ztO3l6 of 2o25 yards equivalent to 513.30 square meters in Dhanalaxmi Cooperative Housing Societ5r, Mahendra Hills in Sy.No.74/ 7 East Marredpdly, Secunderabad Cantonment by declaring G.O.Ms.No.609, dated
18.08.2004 and also stated that the State Government is claiming the subject property as 'Government land' in LGC No.167 of 1997. Aggrieved by the action of the Registering Authority in not receiving and 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 2010, which is filed by the State Government against the order in LGC.No.167 of 1997 passed by the Special Court under the A.P. Land Grabbing (Prohibition) Act, L982, Hyderabad and the sarne was dismissed by the Division Bench of this Court t on 28.05.2025. Therefore, learned Counsel requested to allow the writ petition by directing the respondent No.3- Sub-Registrar to register and release the SaIe Deed presented by the petitioners. \ -1 3 SK,J W.P.No.4O3t6 of 2025
4. on the other hand, the 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 the sides and in view of dismissal of the w.P.No.19106 0f 2010 0n
28.05.2025, ttle writ Petition is disposed of directing the respondent No.3/Sub-Registrar to receive, 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 the Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse the document presented by the petitioners, if any other objection, by duly assigning the reasons and commtlnicate the same to the i petitioners.
6. It is mad.e clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have I , , 'i!:*q*--.. , :d 4 SK,J S/.P.No.4O3l6 of 2O2S ..a-.(t :- any bea-ring on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for ad;iudication and in any other cases. 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.
7. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. /TRUE COPY" SECTION OFFICER . - - - Erarra.., re Deo?rtment' state of Telangana' Secretariat' t HYderabao '-' n The secretary' Revenue Department' otale v' ' To' 2. District Registrar' Hyderabad District' Hyderabad 3. Sub Registrar' Bowenpally' Secunderabad' 4. One CC to SRI' D' PRAMADA' Advocate [OPUCI s IU?;"??:1""T"5:5 ruU:t:tNlo$icrsrRArroN r,---r^-a,.a court ror the 'Hish a
6. Two CD CoPies DAN BS Vtr -!. t I I t. HIGH COURT DATED i3111212025 ORDER WP.No.40316 of 2025 I ,,?' 2: STAT E ( 0 t Jrll ?t?t <) -l' i.-) DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^*dA -9*1s"