Writ petition challenging refusal to register a mortgage deed due to a government land claim was disposed of after the document was registered in pursuance of a prior interim order.
Disposed of the writ petition subject to the outcome of WP No.19106 of 2010.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3255 ]
i
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE N,V.SHRAVAN KUMAR
WRIT PETITION NO: 10870 OF 2023
Between:
Nalla Jamuna Ranr, Wo: Nalla Srinivas Reddy, Aged about 53years, Occ. Housewife, R/o Plot No. 1'18, Circle 8, Ravi Colony, lt/ahendra Hills,East Marredpally, Secunderabad-500 026
..PETITIONER
AND
..,RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying thatin the circumstances stated in the affidavit filed therewith, the HighCourt maybe pleased to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the 3'd respondent in notregistering the petitioner's document (mortgage deed) in respect of the Plot No.1 18 admeasuring 233.33 Sq. Yds in survey No.7413 situatedin RaviCooperative Society Mahendra Hills. East tvlarredpally, Secunderabadby declaring G.O.M.S.No.609, dated 18t0812004 asillegal, arbitrary, unco nstitutionaland against the provisions of law and consequentlydirectthe 3'd respondentto register the document (mortgage deed)presented by petitioner pertaining to the Plot No. 118 admeasuring 233.33 Sq.Yds in surveyNo.7413 situated in Ravi Cooperative Society lVlahendra Hills,EastMarredpally, Secunderabadand release the same.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circum:;tances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'd Resoondent to receive and register the document (rrortgage deed) presented in respect of Plot No. 118 admeasuring 233.33 Sq /ds in survey No.7413 situated in Ravi Cooperative Society Mahendra Hills, East tt/arredpally, Secunderabad and release the same pending disposal of the writ petition.
Counsel for the Petitioner: SRI D. DEVENDER RAO
Gounsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER
I II
THE HONOURABI,E SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.10870 of 2023
ORDER:
Heard learned counsel for the petitioner and [earned Assistant Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposat.
, -- -:I
"6. Leorned Assistant Government Pleader for Startps and Registration would submit thot counter offidovit has be'en filed on behoLf of respondent No.2 i.e., District Coltector, Hyclerobod, and the Poragraph No.8 reods as:
'lt is submitted that o comprehensive land case was filed by the then lvlondal Revenue Officer, lAorredpally, ogoinst the (7) Societies ond as well os some of individual plot owners of 5y.No.74 of Marredpalty (Paigoh) vilLage in L.G.C, No.167/97 in the Spl.Court under L,G(P) Att, 1982. The Hon'ble Spl.Court, under A.P.L.G.(P) Act dismissed the LGC No.167/97 on 18-03-2010. Aggrieved by the same, the then lt'RO, llrorredpolly Mandal liled WP No.19106/2010, before the Hon'ble High Court and the same is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly oppreciating the evidence of Govt. ond os such writ petition has be'en filed chollenging the some. Thus the LGC judgment has not become'Jinal. Further submitted that the titigation between theporties ond the Govt. has not reoch<td to its
"=:7
logical end. llnder such circumstonces it con,t be said thot Govt. have lost its cloim. As such the interest of Govt. still subsists. ln view of the obove the interest of Govt. thot subsists in the subject tand witt be jeopardized if this W.P. is allowed. Hence it ls lioble for dismissal.'
\
!
l'i.:
4
Iaw, subject tothe outcomeof the order which would be' possin WP No.19106of 2010, if so otherwise aggrieved"
B. lt is madectear that mere registrationof the document doesnot confer titteon the subject propertyand it is also made clear that this order woutdnot have any bearing on att those matterswhere titte/rights ofthe parties are pendingbeforethe authorities eitherin revision/ a ppea ts for adjudication and in any other case this order also does notpreclude the parties in asserting their rights before a competentCourt of law.
g.Accordingly,thiswritpetitionisdisposedof'Miscettaneous apptications, ifanY Pending,shatI stand ctosed. No order as to cost.
SD/- N.SRIHARI AS REGISTRAR
\
To,
//TRUE COPY//
ON OFFICER
HIGH COURT
DATED:2210812024
ORDER
WP.No.10870 of 2023
41''tt -.,-==--\ s-..', ---"\ . '
i - ).<br>(l-
f .'<br>rffii
t
tt,
'7
'/.
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS
il9 C'q 6(g 4to*
Nalla Jamuna Ranr
State of Telangana
N V Shraavan Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
