Disposed

R.Satyanarayana,Hyd,and 2 v. Govt.of Ap,Prl.Scy,Rev,Hyd,and 4

Telangana HC21 Nov 2024WP/12136/2013

Case brief

AI extract

What is this about?

Writ petition challenging refusal to register sale deeds on land claimed by the State in pending land-grabbing litigation. The documents had already been registered under an interim order. Following an earlier order in a similar matter, the court disposed of the petition granting liberty to seek remedies subject to the outcome of the State's pending challenge, clarifying registration confers no ti

What did the court decide?

Writ petition disposed of in terms of earlier order; liberty granted to both parties subject to outcome of WP No.19106 of 2010; miscellaneous applications closed; no costs.

R.Satyanarayana,Hyd,and 2 Vs Govt.of… — Property and Title | Telangana HC (2024)

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[^32ss J

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HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY,THE TWENTY FIRST DAY OF^NOVEMAER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN^KUMAR

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WRIT PETITION NO: 12136 OF²⁰¹³

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Between:

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R.SATYANARAYANA, S/o.R.Rangaiah,^{Aged about 63 years,Rl/o.H.No.5-2-} 206, Tirumala Nagar', HB Colony,^{Meerpet.Mor-rla!i, Hyderabad}

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Miss.Sulochana^pai, D/o.tVr.A.N.Pai,^{Aged about 73 years, Occ Pertsiorler,} R/o.Plot No. 1O5, Thrimurthy Colony,^{RoadNo 2, [\4ahendra Hills,East} Marredpally, Secunderabad.

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Sri.Pura Ram, S/o. Late Narayanlal^{Ji Choudhary,Aged about 36 years, Occ} Business, Rl/o.Plot No.108, Ravi Co-operative^{Housing Society'Mahendra} Hills, East Marredpally, Secunderabad.

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...PETITIONERS

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AND

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Govemment of Andhra Pradesh,^{Rep. by its Principal Secretary, Revenue} Department, Secretariat, Hyderabad.

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The District Registrar, Hyderabad^{District, Hyderabad}

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The Sub Registrar, Marredpally,^{Bowenpally, Hyderabad.}

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The District Collector., Hyderabad^{District, Hyderabad.}

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The Tahasildar, Marredpally^{Mandal, Hyderabad District.}

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...RESPONDENTS

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Petition under Article 226 of^{the Constitution of lndia praying that in the} circumstances stated in the^{affidavit filed therewith,the High Court maybe} pleased to issue a writ of Mandamus or any other^{appropriatewrit or writs, order} or direction, declaring the action^{of the 3rd Respondent in refusing to register the 3} sale Deeds dated 28-03-2013^{in respect of west sideof First Floor, west sideof} Second Floor and 2nd, 3rd and^{4th Shopsin Groundfloor, in the constructed} building of Plot No.105 of 266^{Sq.yards in the sanctioned layoutof S.No.74l12 or} part oi G.L.R.No.396, East Marredpally, Secunderabad^{Cantonmentas being} arbitrary and illegal and consequently^{direct the Respondent Nos.2 and 3 to} register and release the same after^{due registration}

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l.A. NO: 1OF 2o13(WP MP. NO:1501 6 0F 2013)

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Petition under section 151 cpc praying that in the circumstances stated in the affida* fited in support.of th.e^writ fetiiion-, the High Court mat ;e ;6;.;i i; direct the Respondents No.2 and 3 to register in" e sit" Deeds daied 2'8{3.roi3 in respect of 1) second froor on the wesiern side of the buirding *itn " printn "i"" of 1000 Sq.ft atong with undivided share of land 25 Sq.yards o-ut of 266 Sq VriJ. in favour of 1st^petitioner, 2) First froor on the westein sioe or ouiroingl;itn-a pljlth.1", of 100C Sq.ft atong with un divided snare ot tand 25 Sq.yards i; i";;r, of 2nd Petitioner ard 3) AII the shop l,lo,s. 2, S anJ + admeasuring OS5 Sq ft.l;th undivided share of rand of 44 sq.yards in favour of sid and +tn p1tit,"""lr,'*nl"i.i is alt part of 266 Sq.yards in.ptoii!o.105, in Sy. No.lqttzo, p"rt oi clnil.i;;, East N/arredpa,y' secunderabad cantonment, ieorng disposai or tne wrii p"titr""

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Counsel for the^petitioners: SRl. G RAJKUMAR

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counsel for the Respondents: AGp FoR srAMps AND REGrsrRATroN

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The Court made the following: ORDER

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1'll

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THE HONOURABLE SRIIUSTICE^{N.V.SHRAVAN KUMAR} VVTTIT PETITION No.12136^{of 2013}

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ORDER:

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Heard learned counset for^{the petitionerand tearnedAssistant} Government Pteader for^{Stamps and Registration appearing for the} respondents. With their consent,^{this writ petitionis disposed of.}

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lt is the case of the^{petitionerthat the RegisteringAuthorityhas} refused to register the subject^{document on the groundthat the State} Government is ctaiming the^{subject propertyas 'Government [and'in} LGC No.167 ot 1997.^{Aggrieved by the action of the Registering} Authority in not registering^{the subject document,the present writ} petition is fited.

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This Court^{grantedinterim order on 23-04.2011,directingthe} Registering Authority to^{receiveand processthe subject documents,} subject to the outcome of^{WP No.19106of 2010 fited by the State} Government against^{the orderpassed by SpeciatCourt underA.P'Land} Grabbing^{(Prohibition) Act,1982 in LGCNo.167 of 1997.}

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Today, when the^{matter has been taken up for hearing, tearned} counsel for the^{petitioner submits that in pursuance to the interim} order^passed by^{this Court on 23.04.2013,the RegisteringAuthority}

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i : i I! i E i i !' i I I i I I I I I I i ; ! i i

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have registered the subject property and further submits that in view of interim order passed by this Court no further orders are required to be passed in this Writ petition.

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Learned Assistant Government pteader for Stamps and Registration woutd submit that the subject matter in this writ petition is squarely covered by the order passed by this Court in Wp No..l 1653 of 2013, dated 23.07.2024, and the retevant paragraphs Nos.6 to 9 reads as under:

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"6. Learned Assistont Government pteoder for Stamps ond Registrotion would submit thot counter ot'fidovit hos been fited on beholf of respondent No.2 i.e., District Collector, Hyderobad, ond the Porograph No.8 reods os:

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'lt is submitted that a comprehensive lond cose wos filed by the then llondol Revenue Officer, Morredpo y ogoinst the (7) Societies ond as well os some of indiviSuoT plot 9w1ers^{of Sy.No.74 of Morredpoily (poigoh) village} in L.G.C, No.167/97 in the Spl.Court uiOer t.-C1q Act, 1982. The Hon'ble Spl.Court, under A.p.L.G.1fl ,nit dismissed the LGC No.l6Z/97 on t8-03-2010. Aggriev'ed by the same, the then MRO, Marredpolly tAandol filed Wp No,19106/2010, before the Hon;ble High Court ond the some is pending. The Hon'ble Spl.Court dismissed the LGC on.erroneous grounds without properly opprecioting the evidence of Govt. ond os such writ petition'hos been- liled challenging the some. Thus the LGC iudg.ent has not become final, Further submitted tiat'the litigotion between the parties and the Govt. has not reoched to its logical end. lJnder such circumstonces it con,t be soid thot Govt. hove lost its cloim. As such the interest of Govt. stiil subsists. ln view of the obove the interest ol Govt. thot subsists in the subject tond will be jeopordized if this W.p. is ollowed. Henci it is lioble t'or dismissol.,

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Leorned Assistdnt Government Pleoder would suhmit that subject matter was eortier adiudicated by the^{Spl,Courtun&r} 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.O3.2010. Aggrieved the some, the Mondol^{RevenueOffker,lAorredpally} lAandol, filed WP No.19106 of 2010 before this^{Court ond the} Hon'ble Division Bench^hos heard ond^reserved for^orders.

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Learned Assistant Government^Pleaderwould further submit thot many^{porties hove} filed^{writ petitions on the similar} issue and obtairgd interim order^{ond thereolter the respondent} authorities have received,^{registered ond releasedthe} documents therein,^however foirly^{submits thot in mostof the} coses, the respondent authorities^{hove not} Iiled^counter' affidovit ond the counter'ot'fidavit fited^{in this writ petition} may be odopted in otl these similor^{pending writ petitions, as} the issue involved in atl the^{pending writ petitions is one ond} the^ji./me ond^pray this^{courtto dispose of all the pending writ} petitions, gronting tiberty to all the concerned^parties to^seek oppropriote remedy, subiect^{to the outcome of the order which} would be^pass in^{WP No.19106of 2010.}

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Recording the submission^{madeby the leornedcounsel on} either side ond in^view of the foct^{thot the subject documentis} registerd in purstmnt to the^{interim order, this Court deemsit} appropriate to disposed of the^{writ petition grontinglibertyto} both the^parties to^seek appropriate^{remedy, in accordoncewith} low, subject to the outcome of^{the order which wouldbe poss in} WP No.19106 of 2010,^{if so} otherwise^oggrieved."

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

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Recording the above submission made by learned counsel on either side and the reasons alike in WP No.11653 of 201 3, dated 23.07.2024, this Court deems it appropriate to dispose of the writ petition in terms of order passed in WP No.11653 of 201 3, dated 23.07.2024, granting liberty 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.

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lt is made ctear that mere registration of the document does not confer title on the subject property and it is atso made ctear that this order woutd not have any bearing on atl those matters where titte/rights or the parties are pending before the authonties either in revision /appeals for adjudication and in any other case thrs order also does not prectude the parties in asserting their rights before a competent Court of law.

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g. Accordingly, this writ petition is disposed of. Miscettaneous apptications, if any pending, shatl stand ctosed. No order as to cost.

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SD/. L.^{VIJAYA LAXMI} ASF\SIANT^RE GISTRAR //TRUE COPY// ,i \^{</sup> t_,-"^sEcTloNOFFI}

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To,

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I The Principal^{Secretary, RevenueDepartment' Secretariat' Hyderabad}

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2 The District^{Registrar, HyderabadDistrict' Hyderabad'} 3 The Sub Registrar,^{Marredpally, Bowenpaltv' Hyderabad'}

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The District Collector., Hyderabad District, Hyderabad_ 5. The Tahasildar, Maredpally Mandal, Hyderabad District. 6. One CC to SRl. G RAJKUMAR Advocate IOPUCI AND REGrsrRA,oN,Hish court ror the

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' 5u?"T?:?,,f#,ifl"t]f 'PS 8. Two CD Cooies

KKS ?e-

GJP

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HIGH COURT

DATED:21 11112024