The Court closed the writ petition and miscellaneous applications without costs as interim orders already permitted the registration of sale deeds for the property in question.
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 ]
INTHEHIGHcoURTFoRTHESTATEoFTELANGANAATHYDERABAD (SPecial Original Jurisdiction)
MONDAY, THEFIFTH DAY OF AUGUST TWO THOUSANDAND TWENTY FOUR
PRESENT
THE HONOURABLESRI JUSTICE N.V.SHRAVAN KUMAR
WRiT PETITIONN O:'t63440F2012
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition underArticle226 oI the Constitution of lndia prayingthat in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an appropriatewrit, order or direction more especially one in the natureofWritofMandamusdeclaringtheletterNo.C3/5042/2007,dated 04.07.201'lofthefirstrespondentandletterNo'183/SRO/Go1I2O12'dated 2B.o4.2olz,ofthesecondrespondent,whereinthefirstrespondentdirectedthe second respondentnot to register and admit any document in respect of House bearing No.11-5-334/1/A,admeasuring 426'10 sq yards or 356'2 sq' meters' situated at Hill ParkRoad, Redhills,Hyderabad, holdingthat it is a Government land, as bad,illegal,without jurisdiction, malafide one and in violation of the provisionsoftheRegistrationActandconsequentlytodirecttherespondent
authorities toreceive and admitthe sale deeds executedby the petitioners tn favour ofprospective purchasersin respectof Housebearing No 11-5-334/1lA meters, situatedat Hill Park Road, admeasuring426.10 sq yards or 356'2 sq Red hills, Hyderabad.
l.A. NO: 1 OF2012(WPMP.NO: 21013 OF 20121
PetitionunderSer;tionl5lCPCprayingthatinthecircumstancesstatedin the affidavitfited in supportof the petition,the High Court may be pleasedto direct the respondentauthoritiesto receive and admit the sale deedsexecuted by thepetitionersin favoul of prospective purchasers in respectof Housebearing No.11- 5-334/'llA,admeasuring426.10 sq yards or 356'2 sq meters' situated at Hill Park Road,Red hills,Hyderabad,by suspendingthe letter No.C3/5042/2007' dated 04.07.2011 of the first respondentand letter No.183/SRO/Go112012,dated 28.04.2012 of thesecondrespondentin the interest of justice' pendingdisposal of the mainwrit Petition.
Counsel for thePetitioner: SRI N.MUKUNDA REDDY
Counsel for theRespondents:GP FOR STAMPS& REGISTRATION
The Court made thefollowing:ORDER
I
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION N0.16344 of 2Ol2
ORDER:
This writ petition is fiIed to declare the letter No.C3l5042/2OOZ dated 04.O7.2O1I of respondent No.1 and letter No. 183/SRO/Gol/2012 d,ated, 2g.O4.2O12 of respondent No.2, wherein, respondent No.1 directed respondent No.2 not to register and admit any document in respect of H.No.ll_S_ 334/L/A, admeasuring 426.70 sq.yds., situated at Hill park Road, Red Hills, Hyderabad.
"The record of this case discloses that the propertg in question was purcha.sed from the Citg Improuement Board in tLLe gear 1951 and. tlrcreafier trarusfers took place in accordance uith law. The petitioner utas also accorded permission to construct a lause. The inclusion of tLe property in tle list of Gouernmertt propertg prima facie cannot sustain. Fultler, the mere transfer of th.e propertg uiil not brtng about ang change as to th.e nature of the propertg arud for tLrc past ouer a century, tte Gouernmertt did not make ang claim in respect of the propertg in question.
\ t
2
I
Hence, tlrcre shallbe interimdirection as praged for."
!.It is pertinent to note that this Court has granted an interim order directingthe respondentauthorities to receive and admit the saledeeds executedby the petitioners in favour of prospectivepurchasers inrespectofH'No' 1 l-5-3341 L I A admeasuring1|26.10 sq.yds., at Hill Park Road, Red Hills' Hyderabad bysuspending letterNo'C3/3504212OO7dated ard letter 04.O7 .2011 of respondentNo' 1 No.183/SRO lGoll2072dated 28.04'2012 of respondent No'2'
$.ADivisionBenchof this Court in W'P'No'2830O of 2OO7 and batch dated19.10.2023has passedordersupholdingthe validity of Section22(Al of the Registration Act, 1908and has also issued certninguidelines for registration authorities'
fSubsequentto the passingof interimorders, neithera counter affrdav ithas been liled in this matter nor the subject landisnotifiedintheprohibitorytist.LearnedAssistant Government Pleaderfor Stamps and Registrationcould not state whether the sultject documentis registeredor not.
3
\ 1
7'.Accordingty, this writ petition is closed. Miscela.eous applications, if any pending, shall stand closed. No order as to cosf
SD/- K. VENKA]AH ASSISTANT EGISTRAR
//TRUE COPY//
SE ION OFFICER
To,
Llk
HIGH COURT
DATED:0510812024
'r:S 14
/ o
"
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ORDER
WP.No.16344of 2012
CLOSINGTHE WRIT PETITION WITHOUTCOSTS
@ffi.
1 issue framed by the court
Whether the writ petition regarding the suspension of Government letters prohibiting registration of sale deeds requires further orders in light of an existing interim order.
Parveen Sultana Hussain and Rs.
The District Collector
The Sub-Registrar
N.V.Shravan Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
