Disposed

B. John Samuel Priya Das, Secunderabad v. Secretary, Revenue Department, Hyd and 2 Others

Telangana HC2 Aug 2024WP/10731/2013

Case brief

AI extract

What is this about?

Petitioner sought mandamus to register a refused gift settlement deed over land claimed by the State in LGC proceedings. Since the document was registered pursuant to interim orders and similar matters stood disposed of earlier, the Court disposed of the writ petition with liberty, subject to the outcome of pending writ proceedings, clarifying registration confers no title.

What did the court decide?

Writ petition disposed of granting liberty to both parties to seek appropriate remedy subject to outcome of WP No.19106 of 2010; no costs.

B. John Samuel Priya Das, Secunderabad Vs Secretary… — Property and Title | Telangana HC (2024)

¶1

[³²⁵⁵¹

¶2

IN THE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD

¶3

(SPecial Original Jurisdiction)

¶4

FRIDAY, THE SECOND^{DAY OF AUGUST} TWO THOUSAND^{AND TWENTY FOUR}

¶5

PRESENT

¶6

THE HONOURABLE^{SRI JUSTICE N.V. SHRAVAN KUMAR}

¶7

WRIT PETITION^N O:^{10731 0F 2013}

¶8

Between:

¶9

B. John Samuel^{Priya Das, S/o B. Peter S.ugandhar,Aoed 43 vearsocc Pvt'} 5";#, iro. i;rot^{rlci.l i g, si.'ilolzirr'r. ihE;ruttlv Weaker Sectionco-op} ffi;ils'si"i"iv,^{rtrir,"n<iri'H'rri, East Marredpally, Secunderabad - 500026'}

¶10

...PETITIONER

¶11

AND

¶12

Govt. of Andhra^{Pradesh, Rep. by its Secretary' RevenueDepartment' A P'} Secretariat, Hyderabad.

¶13

2 District Registrar,^{Hyderabad District, Hyderabad,}

¶14

3 Sub Registrar,^{Bowenpally,Secunderabad}

¶15

..RES,ONDENTS

¶16

Petition under Article^{226 of the constitutionof lndia prayingthat in the} circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pi".."O to issue a writ, order^{or direction more particularly in the natureof.writ of} mandamusdeclaringtheactionofthe3rdrespondentinrefusingtoregisterthe Gitt Seittement Deed^{dated20..02.2013 in respect of schedule} il;il;;r. prot ruo. 119 in Survev^{No.74112, admeasuring17888 sq vardsor} ;;il;t; iad++'.q. mtrs^{situatedat Threeurthy weaker} _section^{cooperativeHousing} Society Lid.,^{MahendraHills, East Mairedpally, Secunderabad'Secunderabad} Cantonment in^{survey No. tillZ as illegal, arbitrary, and against^the} ,provisions of law and consequenfly^{direct the pl rJspondent to register the Gift settlement} O""J pr"."nted^{by peiitionerpertaining io plot No' 119 in SurveyNo' 74112'} admeasuring^{tzg.tig sq. yards or 14g.44sq. mtrssituated at Threeurthy weaker} Sl.tion Co;perative^{tiouslngSocietyLtd', Mahendra Hills' East Marredpally'} Secunderabad'secunderaba"dCantonmentinsurveyNo.T4t12andreleasethe same.

¶17

-..-...i...7

¶18

r.A. NO: 1 0F^{201 3(WPMP . NO: 13295OF2013)}

¶19

Petitionundersectionl5lCPCprayingthatinthecircumstancesstated in the affidavit^{filed in support of the p"tition'itre Hign CoyI} a"I P"^{pleased to} direct the 3rd^{Responderit-to receive and register the Gift settlementDeed,} a^t iiO.OZ.Z012^{pertaining tt scfreOule p'operty in plot No 119 in SurveyNo'} iilli,-id^.^suring^{t7a s8-sq.yards or i49.44sq. mtrssituated at -threeurthy} Weaker Section^{Cooperative i{ousing Society Ltd'' MahendraHills' East} lil;;;p"llt,^{secunderabad, secunderabadcantonment in survey No. 74112and}

¶20

,"f"""" the^{same pendingdisposal of the writ petition'}

¶21

Counsel for the^{Petitioner: M/s' D' PRAMADA}

¶22

Counsel for the^{Respondents:ASST' GP FOR REVENUE} (STAMPS & REGISTRATION)

¶23

The Court made^{the following: ORDER}

¶24

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR I^TRIT PETITION No.10731 of 2013

¶25

ORDER:

¶26

Heard'tearned counsel for the^petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ^petition is disposed of.

¶27

lt is the case of the^petitioner that the Registering Authority has refused to register the subject document on the^ground that the State Government is ctaiming the subject^property as^'Government land'ⁱⁿ LGC No.167 of 1997. Aggrieved by the action of the Registering Authority in not registering the subject document, the^present writ petition is fited.

¶28

This Court^granted interim order on 10.04.2013, directing the Registering Authority to receive^{and process} the^{subjectdocuments,} subject to the outcome of WP No.19106 of²⁰¹⁰ fited^by the^State Government against the order^{passed by Special Court under A.P.Land} Grabbing (Prohibition) Act, 1982 in LGC No.167 of 1997.

¶29

Today, when the matter has been taken up for hearing, learned counsel for the petitioner submits that in pursuance to the interim order passed by this Court on 10.04.2013, the Registering Authority

¶30

¶31

have registered the subject^{propertyand furthersubmits that in view} of interim order^passed by^{this Courtno further orders are requiredto} be^{passed in this Writ} Petition.

¶32

Learned Assistant Government^{Pleader for Stamps and} Registration woutd submit^{that the subject matter in this writ petition} is squarety covered by the^{orderpassedby this Court in WP No.11653} of 201 3, dated 23.07.2024,^{and the relevantparagraphs Nos.6 to 9} reads under as under:

¶33

"6. Learned Assistont Government^Pleoder for^{Stomps and} Registrotion would submit that^{counter affidavithas been} filed on behatf of respondent^{No.2 i.e., District Collector, Hyderabod,} and the Paragraph No.8 reads^as:

¶34

'lt is submitted^{thot a comprehensive landcasewas} filed by the then lAandol Revenue^{Officer,Marredpallyogainst} the (7) Societies and as^{well os some of individualplot} owners of Sy.No.74 of^{Marredpolly(Paigah) villoge in} L.G.C, No.167/97 in the Spl.Court^{qnder L.G(P)Act, 1982.} The Hon'bte Spl.Court, under^{A.P.L.G.(P)Act dismissed} the LGC No.167197 on^{18'03-2010. Aggrievedby the same,} the then t RO, Marredpally^hriondal filed^WP No.19106/2010, before the^{Hon'ble HighCourt and the} same is pending. The Hon'ble^{Spl.Courtdismissed the LGC} on erroneous^grounds without^{properly appreciating the} evidence of Govt, and^{as such writ petitionhasbeen} filed challenging the same.^Thus the^{LGC judgment hos not} become finol. Further^{submitted that the litigotion} between the^porties ond^{the Govt-has not reqched to its} togicol end. Under such circumstances it can't^{be said} that Govt. have lost its cloim. As^{such the interestof} Govt. still subsists. ln view of the^{abovethe interestof} Govt. that subsists in the subiect land^{will be jeopardized} if this W.P. is allowed. Hence it is liable for dismissal.'

¶35

¶36

Leorned Assistont Government Pleoder would submit thot subject motter was earlier adjudicoted by the Spl.Court under A.P.L.G.(P) Act, 1982, vide LGC No.167 of 1997, however the said LGC No.167 of 1997 hos been dismissed on 18.03.2010. Aggrieved the same, the lvlondal Revenue Officer, lAarredpally lvlandal, filed WP No.19106 of 2010 before this Court ond the Hon'ble Division Bench has heord ond reserved for orders.

¶37

Leorned Assistant Government Pleoder would further submit thot many parties hove filed writ petitions on the similar issue and obtoined interim order and thereofter the respondent outhorities have received, registered and released the documents therein, however foirly submits thot in most of the coses, the respondent authorities have not filed counteraffidavit ond the counter-offidovit filed in this writ petition may be adopted in all these similar pending writ petitions, as the issue involved in oll the pending writ petitions is one and the same and proy this Court to dispose of oll the pending writ petitions, gronting liberty to all the concerned parties to seek oppropriote remedy, subject to the outcome of the order which would be pass in WP No.19106 of 2010.

¶38

¶39

Recording the submission made by the learned counsel on either side ond in view of the fact that the subject document is registered in pursuont to the interim order, this Court deems it oppropriate to disposed of the writ petition granting liberty to both the parties to seek appropriate remedy, in accordance with law, subject to the outcome of the order which would be pass in WP No.19106 of 2010, if so otherwise oggrieved."

¶40

¶41

Learned counsel for the petitioner fairty submits that^simitar order may be^pass in this writ^petition.

¶42

Recording the above submission made by learned^counselon either side and in terms of order^passed by^{this Court in WP No.11653} of 7013 dated 23.07.2024, this writ^{petition is disposed of granting} tiberty to both the^parties to seek appropriate^{remedy in accordance} with [aw, subject to the outcome of the order^{which would be passed} in WP No.19106 of 2010, if so otherwise aggrieved.

¶43

lt is made ctear that mere registration of the document does not confer titte on the subject^property and it^{is also made clear that this} order woutd not have any bearing on a[[ those^{matters where} titte/rights of the^parties are^pending before the^{authoritieseither in} revision/appeats for adjudication and in any other case this order also does not^preclude the^parties in asserting their rights before^a competent Court of [aw.