Dismissed

Dr. C.Geetha, v. State of Telangana

Telangana HC22 Aug 2024WP/19415/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seekingmandatory registration and release of a gift deed. The court held that since the document was registered under an interim order, no further order was required pending the outcome of WP No. 19106 of 2010 regarding land rights.

What did the court decide?

Writ petition disposed of granting liberty to seek appropriate remedy subject to the outcome of WP No. 19106 of 2010.

Dr. C.Geetha, Vs State of Telangana — Landlord and Tenant | Telangana HC (2024)

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t³²⁵⁵ I

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HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY ,THE TWENTY^{SECOND DAY OF AUGUST} 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 PETITIO^{N NO: 19415 OF 2016}

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Between:

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Dr. C.Geetha, W/o^{[\ilr. K.V.PrasadAged about.5O years,} .Occ^{Doclor,R/o Plot} Io.zilfnree'lrtoorthy^{Colony,East-Marredpally,Secunderabad Cantonment'} Secunderabad, Telangana State

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...,ET,T'ONER

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AND

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State of Telangana,^{represented by Secretary,} Revenue^DePartment, Secretariat. Hvderabad.

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District Registiar,^{Hyderabad District. Hyderabad}

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Sub Registrar,^{Maredpally, Secunderabad}

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RESPONDENTS

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PetitionunderAlticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated^{in the affidavitfiledtherewith, the Highcourtmay be} pleasedtoissueawrit,orderordirectionmoreparticularlyinthenatureofwritof mandamus declaring^{the action of the 2nd and 3rd respondentsin not registering} and releasing the^{petitionersGift Deeddated5-7 -2007 in respectof house} bearing Plot No.194/A,^{admeasuring236 Sq yrds equivalentto 197 '32 Sq Mtrs} situatedinsurveyNo.T4ll2orpartofG'L.R'No'396situatedinthelayoutof ThreeMoorthyWeakerSectionsCo-operativeHousingSocietyLtd.,situatedat East Marredpally, Secunderabad^{Cantonment,AndhraPradeshas illegal'} arbitrary, and against^{the provisions of law and consequently direct the 2nd and} 3rd respondent to register^{and releasethe Gift Deed' dt 5-7-2007represented by} petitioner pertaining to house^{bearingPlot No 194/A, admeasuring236 Sq yrds} equivalent lo^{197.32 Sq. Mtrs in Survey No'74t12or part of G L R No 396} situated in the^{layoutof ThreeMoorthyWeaker Sections Co-OperativeHousing} Society Ltd., situated^{at East Marredpally, Secunderabad Cantonment'Andhra} Pradesh and release the^same

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l.A. NO: 1 OF 2016(WPMP, NO: 23814 OF 2016)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Cou( may be pleased to direct the 2nd and 3rd Respondents to register and release the Gift deed, dated 5-7 -2OO7 pertaining to property in house bearing Plot No.194/A. adrneasuring 236 Sq.yrds equivalent lo 197.32 Sq. Mtrs rn Survey No.74112 or part of G.L.R. No. 396 srtuated in the layout of Three lvloorthy Weaker Sections Co-Operative Housing Society Ltd., situated at East Marredpally, Secunderabad Cantonment, Andhra Pradesh and release the same pending disposal of the writ petition

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Counsel for the Petitioner: SRl. D. DEVENDER RAO

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Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAIT WRIT PETITION No.19415 of 2076

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ORDER

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Heard learned counsel for the petitioner and learned Assistant Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposat.

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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.

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This Court granted interim order on 21 .06.2016, directing the Registering Authority to receive and process the subject document, provided the said document futfitts the requirements of law and the registration shatl however be subject to further orders in this writ petition.

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Today, when the matter has been taken up for hearing, learned counse[ for the^petitioner submits that in^pursuance to the interim

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r!-'\ \ '!.

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order passed by this Court on 71 .06.2016, the Registering Authority have registered the subject document and further submits that in view of interim order passed by this Court no further orders are required in this Writ petition.

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Learned Assistant Government Pteader for Stamps and Registration would submit that the subject matter in this writ petition is squarety covered by the order passed by this Court in WP No.11653 of 201 3, dated 23.07.2024, and the retevant paragraphs reads as under:

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"6. Leorned Assistont Government Pleoder t'or Stomps and Registrotion would submit that counter offidovit has been filed on behalf of respondent No.2 i.e. , District Collector, Hyderobod, ond the Paragraph No.8 reods as:

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'lt is submitted thot a comprehensive lond case wos filed by the then llandol Revenue Officer, Marredpally ogoinst the (7) Societies ond as well os some of individual plot owners of Sy.No.74 of lvlarredpolly (Paigah) village in L.G.C, No.167/97 in the Spl.Court under L.G(P) Act, 1982. The Hon'ble Spl.Court, under A.P.L.G.(P) Act dismissed the LGC No.167197 on 18-03-2010. Aggrieved by the same, the then I,ARO, llorredpally lvlandal f iled WP No.19106/2010, before the Hon'ble High Court and the some is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly apprecioting the evidence of Govt. and os such writ petition hos been filed chollenging the same. Thus the LGC judgment has not become finol. Further submitted that the litigation between the porties and the Govt. hos not reoched to its logical end. Under such circumstances it can'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

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Govt. thot subsisrs in the subiect tand will be ieopardized if this W.P. is allowed. Hence it is lioble for dismissal.'

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Leorned Assistont Government Pleoder would submit that subject motter was eorlier odjudicoted by the Spl.Court under A.P.L.G.(P) Act, 1982, vide LGC No.167 of 1997, however the soid LGC No.167 of 1997 hos been dismissed on 18.03.2010. Aggrieved the same, the llondal Revenue Officer,^{lvlarredpolly} lvlondol, filed WP No.19106 of 2010 before this Court and^the Hon'ble Division Bench has heard ond reserved for^orders.

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Leorned Assistont Government Pleader^would further submit that mony porties have filed writ^petitions on^{the similar} issue ond obtained interim order and thereafter the respondent outhorities hove received, registered ond^{released the} documents therein, however foirly submits thot in^most ol^the cases, the respondent outhorities hove not filed counteroffidavit and the counter-af fidovit t'iled in this writ^petition may be odopted in oll these similor^pending writ^petitions,as the issue involved in all the^pending writ^{petitionsis one ond} the some and pray this Court to dispose^{of oll the pending writ} petitions, granting liberty to oll the concerned porties to seek appropriote remedy, subject to the outcome^{of the order which} would be pass in WP No.19106 of 2010.

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I ,

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Recording the submission mode by the^{leornedcounsel on} either side and in view of the t'oct thot the subject^{document is} registered in pursuant to the interim order, this Court deems^it oppropriate to disposed of the writ^{petitiongronting} liberty^to both the porties to seek appropriote remedy, in accordonce with law, subject to the outcome of the order which would be^pass in WP No.19106 of 2010, if so otherwise aggrieved."

L {

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

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Recording the above submission made by learned counsel on 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 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 titte on the subject property and it is atso made ctear that this order woutd not have any bearing on at[ those matters where titte/rights of the parties are pending before the authorities either in revision / appea [s for adjudication and in any other case this order atso does not prectude the parties tn asserting their rights before a competent Court of [aw.

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Accordingty, this writ petition is disposed of. Miscet[aneous

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apptications, if any pending, sha[[ stand closed. No order as to cost.

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To,

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1 The Secretarv. Revenue^{Department,Secretariat. Hyderabad'} 2. The District Heqiskar'^{Hyderabad DistrictHyderaDao} E rne Suo Reqisirar,^{Marddpatly.Secunderabad'} i o;; cCt,;-Bni b-- oiveNoEn^{nnoAdvoqale IoPUC]} 5 i;; dcrio oi ron^{srAups AND REGlsrRAiloN ,Highcourt for the} State of Telangana^{at Hyderabad} [OUT] 6. Two CD CoPies BM LS l<P

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HIGH COURT

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DATED:22lOBl2024

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ORDER

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WP.No.19415 of 2016

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DISPOSING OF THE WRIT PETITION WITHOUT GOSTS

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Dr. C.Geetha, v. State of Telangana

Case brief

What is this about?

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Dr. C.Geetha, v. State of Telangana

Case brief

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