Disposed

M.M.Luther, v. State of Telangana represented by Secretary

Telangana HC22 Aug 2024WP/20707/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the refusal to register a sale deed. The Court noted the document was already registered under a prior interim order. It disposed of the petition, granting liberty to parties to seek remedy pending the outcome of a related case (WP No.19106 of 2010), clarifying registration does not confer title.

What did the court decide?

Disposed of writ petition granting liberty to seek remedy subject to outcome of WP No.19106 of 2010; no order as to costs.

M.M.Luther, Vs State of Telangana represented by… — Property and Title | Telangana HC (2024)

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[³²⁵⁵ ]

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

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THURSDAY, THE TWENW 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 PETITION NO: 20707 OF 2017

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Between:

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M.M.Luther, S/o M.Samson, Aged about 64^years, Occ^{Retired, R/o H.No.10-} 3-168, 20, St. Johns Road, Secunderabad^{- 25.}

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...PETITIONER

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AND

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1 . State of Telangana represented by Secretary,^{Revenue Department,} Secretariat, Hyderabad

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1. District Registrar, Hyderabad District, Hyderabad

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Sub Registrar, Marredpally, Secunderabad.

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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, order or direction more particularly in the nature of^{writ of} mandamus declaring the action of the 3rd^{respondent in not receivingand} registering the sale deed in respect of^{property in ptotNo. 15, admeasuring391.11} sq. yards or 327 Sq Mks in Sy.No.74l6 at^{Balamrai Cooperative Housing Society'} East Marredpally, Secunderabad, Telangana^{as illegal, arbitrary,unconstitutional} and against the^provisions of law^{and consequentlydirect the 3rd respondentto} receive and register the Sale Deed^presented by^{Petitionerpertaining to property} in plot No. 15, admeasuring 391.11 sq.^{yardsor 327 Sq. Mtrsin Sy.No.746at} Balamrai Cooperative Housing Society, East^{Marredpally,Secunderabad,} Telangana and release the same.

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l.A. NO: 1OF 2017^(WPMP. NO: 25402 0F²⁰¹⁷¹

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Petition under Section¹ 51 CPC^{prayingthat in the circumstancesstated in} the affidavit filed in support of the^{petition, the High Court may be pleasedto direct} the 3rd Respondent to receive and register^{the Sale Deed presentedby Petitioner}

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in respect of property in plot No. 15, admeasuring 391.11 sq. yards or 327 Sq. Mtrs in Sy.No.7416 at Balamrai Cooperative Housing Society, East Marredpally, Secunderabad, Telangana and release the same pending disposal of the writ petition.

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Counsel for the Petitioner: SRI D.DEVENDER RAO Counsel for the Respondents: AGP FOR STAMPS & REGISTRATION

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The Court made the following: ORDER

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THE HONOURABLE^{SRI JUSTICEN.V.SHRAVANKUMAR}

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WRIT PETt't'lo^{N No.2} of 2017

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QBDEB:

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Heard learned^{counsetfor the petitioner and learnedAssistant} Government Pteader^{for Stampsand Registration appearingfor the} respondents. With their^{consent,this writ petition is taken up for} disposat.

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lt is the^{case of the petitionerthat the RegisteringAuthorityhas} refused to register^{the subject document on the ground that the State} Government^{is ctaiming the subject property as 'Government[and' 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 06'C7'?:017'directing the} Registering Authority^{to register the subject document' if itis} otherwise^{found to be in compl,iance with the requirementsof lndian} Registration^{Act, 1908 and the lndian Stamp Act' 1899' and the} registration^{shatt be subject to the outcome of the cases fited by the} State against^{L.G.C.No'167of 1997} '

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)

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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 Ccurt on 06.07.2Q17, tire Registering Authcrity have registered the subject do:rment and fui-th:r submits that in vievr of interim order passed by this court no furthei- orders are required in this Writ petition.

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Learned Assistant Government pleader for Stamps and Registration wourd submit that the subject matter in this writ p.tition is squarety covered by the order passed by this court in wp No. 11553 of 2013, dated 23.07.2024, and the retevarit paragraphs reads as under:

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"6. Learned Assistont Government pleoder for Stamps ond Registrotion would submit thot counter olfidovit has been filed on behclf of responCent No.2 i.e., District Collector, Hyderobod, ond the Porogroph No.g reods os:

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'lt is submitted thot o comprehensive lond cose wos filed by the then Mandot Revenu" W;";: ;;;"r"-;;;tg osoinst the (z) societies ond os *"u ;;-;;;;'"if iiiairiauat prot owners of Sy.No.Z4 .of lugrydpotty tiitiiij' viilose in L.G.C, No.t67/e7 in tni spt.ciiiliid'rliiit Act, tev2. rhe .H_on'^{bt e sp t. cou rt,} _i^{ndi r-} a-. i. i.i'. F i [" d i sm i ssed the LGC No. t67/e7 on .t.8_03-2010. Ai:i;;:;";;; the same, !1" . ^ !!:,^{MRo, tiarredpatiy'"iliiaj"rfit"a} wp No.tet06/2o.1.0, befor3 tn" fiiirtt"'iis; Loulrt ona tne some is pending. The Hon,ble spt.courtiisiiisea the LGC on erroneous grounds, without property- ippiiiioting tn" evidence of Govt. and as such irit'p"titiii.ii, been filed cfisttensins rhe some. rnus tne-[Ci j;;;r:;;;, has not becdhe finot. Further. submitted tiii"tine"' titigotion between the parties ond the iiii.- nii' ,Zt ri-ached to its

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logical end.^{tJndersuch circumstancesit can'tbe soid} tiot Govt' have^{lost its cloim' As such the interest of} Govt. still subsists.^{ln view of the obovethe interest of} Govt. thatsubsists^{in the subjectlond will be jeopardized} i7 tnit W.e. is allowed.^{Hence it is tioble for dismissal''}

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Learned Assistont^{GovernmentPleader wouldsubmit that} subject matter^{was earlier adiudicatedby the Spl'Court under} A.P.L.G.(P) Act,^{1982,vide LGC No.167 of 1997,howeverthe} soid LGC No.167 of^{1997 has been dismissedon 18'03'2010'} Aggrieved the some,^{the Mondol RevenueOfficer, Morredpolly} Mandal, filed WP^{No.1g106of 2010 before this Court ond the} Hon'ble Division Bench^{has heard ond reserved for orders'}

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Learned Assistont^{GovernmentPleoder would further} submit that mony^partieshave filed^{writ petitionson the similar} issue and obtained^{interim order and thereofter the respondent} outhorities have^{received, registered and releasedthe} documents therein,^however fairty^{submitsthot in most of the} cases, the respondent^{outhorities hove not filed counter'}

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affidovit ond the^{counter'affidovit} fited^{in this writ petitian} moy be adopted in^{all these similor pendingwrit petitions} '^as the issue involved^{in olt the pendingwrit petitions is one and} the some and^{praythisCourtto dispose of att the pending writ} petitions, granting liberty^{to oll the concernedporties to seek} appropriote remedy,^{subiect to the outcomeof the orderwhich} would be^poss in^{WP No.19106of 2010'}

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g. Recording the^{submissionmade by the leornedcounselon} either side ond^{in view of the} fact^{that the subiectdocumentis} registered in^{pursuantto the interimorder, this Court deemsit} oppropriote to^{disposed of the writ petitiongronting liberty to} both the^{partiesto seek appropriateremedy,in accordancewith}

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)

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law, subject to the outcome of the order yvtrich would be 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 passed in thrs rrrrit 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.1j65j of 2013 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 woutd 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 titlc on the subject property and it is atso rnade ctear that this order woutd not have any bearing on ait those matters where title/rights of the parties are pending before the authorities either in revision/appears for adjudication and in any other case this order atso does not preclude the parties in asserting their rights before a competent Court of taw.

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9- Accordingty, this writ petition is disposed of. M.iscettaneous apptications, if any pending, shatt stand ctosed. No order as to cost.

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SD/-g MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// To sEcrdl oFFrcER 1 2 3 ate of Telangana. 4 5 r the State of 6 ig;$e.,'E,t.**+:fr,:,# ":" PSK, LS $

HIGH COURT

DATED:22108t2024

ORDER

WP.No.20707 of 2017

1 l{ E S r,(
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Orqp $o. 4,P*

M.M.Luther, v. State of Telangana represented by Secretary

Case brief

What is this about?

What did the court decide?

M.M.Luther, v. State of Telangana represented by Secretary

Case brief

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What did the court decide?

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