Disposed

S. Uma Devi, Hyd v. Secy Revenue Dept, Hyd and 3 Ot

Telangana HC1 Aug 2024WP/31711/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a housewife seeking mandamus to register a sale deed rejected as pertaining to government land. The court noted the document was registered under an interim order and disposed of the present petition with liberty to seek remedies pending the final outcome of a related writ challenge. Oral orders form the sole text.

What did the court decide?

Writ petition disposed granting liberty to parties to seek appropriate remedy subject to the outcome of the related writ petition.

S. Uma Devi, Hyd Vs Secy Revenue Dept, Hyd and 3 Ot — Property and Title | Telangana HC (2024)

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[^{325s j}

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

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THURSDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE N. V. SHRAVAN KUMAR

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WRIT PETITION NO: 317'tl oF 2012

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Between:

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AND

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9.^{Uqr,Devi, Wio. Sri.S. Vishwanalf!} {ged^{about 45 years,} Occ House wife, R:/o. Flat No. 8, MIG - il. Btock - ilt, ApHg erts, Baghtingar*,,,

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.TIEillBi,dE_

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'1 . The State of Telangana, Revenue Department, A.p. Secretariat, Hvderabad. 2. lhe District Collector., Hyderabad District. Hyderabad.

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The District Registrar,, Hyderabad District, Hvderabad.

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The Joint Sub-Registrar-1, R.O.,. Hyderabad,-Hyderabad.

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Petition under Article 226 of t,,e Constitution of lndra ,rrr;ffi:;:i',i1;: oir-cumstances stai-.d in th: aifiCa.ril filed ir_.r.e,,v:ih tie HiEh Court may be pleased to lssue an appropriate writ, order or Direction more particularly one in the nature of writ of Mandamus directing the Respondent No.4 to register the sale Deed dated 29-10-2007 pertaining to property in plot bearing No.g7, admeasuring 238.80 sq.yards, in survey No.z4l3, in M/s. Ravi co-operative Housing society Limited (Mahindera Hills) Marredpally Secunderabad cantonment, Secunderabad executed in Petitioner favour by one Smt. G. Sushma after declaring the refusal endorsemenl No. 205 of 2007 dated 3i-10-2007 of the Respondent No.4 as illegal, arbitrary and u nconstitutrona I, and release the said document to the Petitioner

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l.A. NO: 1 OF 2012(WPMP. N O: 40439 OF 20121

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Petition under section 151 cpc praying that in the crrcu'nstances stated in the affidavit filed in support of the petition, the High court may. be pleased direct the Respondent Nos. 3 & 4 to receive and register the sale rieed dated 2g-102007 pertainitg to property in plot bearing No.87, admeasuring 238.80 Sq.yards, in Survey No 7413, in M/s. Ravi co-operative Housing society Limited (Mahindera Marredpally secunderabad cantonment, secunderabad pending the disposal of the above Writ Petition

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Counsel for the Petitioner: SRI PRABHAKAR SRIPADA

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Counsel for Respondents: AGp FOR STAMpS AND REGTSTRATION

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The Court made the following: ORDER

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THE HONOURABLE^SRI IUSTICE^{N.V.SHRAVAN KUMAR}

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WRIT PETITION No.31711^{of 2072}

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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 RegisteringAuthorityhas} refused to register the^{subject document on the ground that the State} Government is ctaiming^{the subject propertyas 'Government land' in} LGC No.167 of 1997.^{Aggrievedby 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 10.10.2012,directingthe} Registering Authority^{to receiveand processthe subjectdocument,} subject to the^{outcomeof WP No.19106of 2010 fited by the State} Government against^{the order passed by SpeciatCourt under A'P'Land} Grabbing^{(Prohibition)} A{t,1982^{in LGCNo.167of 1997.}

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Today, when the matter^{has beentaken up for hearing, learned} counse[ for the^{petitionersubmits that in pursuance to the interim}

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order passed by this Court on 10.10.2012, 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 2013, dated 23.07.2024, and the retevant paragraphs reads as under:

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"6. Leorned Assistont Covernment Pleader for Stomps ond Registration would submit thot counter offidovit hos been filed on beholf of respondent No.2 i.e. , District Collector , Hyderabod , ond the Porogroph No.8 reads as:

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'lt is submitted thot a comprehensive land case w,as f iled by the then Mondol Revenue Officer, lAorredpolly against the (7) Societies ond os well os. some of individuat plot owners of 5y.No.74 of Morredpally (Poigoh) villoge in L.G.C, No.167197 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.167/97 on 18-03-2010. Aggrieved by the some, the then t RO, Morredpolly llondol filed WP No.1910612010, before the Hon'ble High Court ond the some is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly appreciating the evidence of Govt. and os such writ petition hos been filed chollenging the some. Thus the LGC judgment lrcrs not become final. Further submitted thot the litigation between the porties and the Govt. has not reoched to its logical end. Under such circumstances it con't be soid thot Govt. have lost its claim. As such the intercst of Govt. still subsists. ln view of the obove the interest of

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Govt. thot subsists in the subject land^will be ieopardized if this W.P. is ollowed. Hence it is lioble for dismissol.'

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Learned Assistont Government Pleader would submit thot subject matter wos eorlier adjudicoted by the Spl.Court under 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 18.03.2010. Aggrieved the same, the lAandol Revenue Officer, Morredpally Mondol, filed WP No.19106 of 2010 before this Court ond the Hon'ble Division Bench has heord ond reserved for orders.

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Learned Assistant Government Pleoder would t'urther submit that mony porties hove filed writ^petitions on the similor issue ond obtoined interim order ond thereofter the respondent outhorities have received, registered ond released the documents therein, however foirly submits thot in most ol the coses, the respondent authorities hove not filed counter' offidavit and the counter-offidovit filed in this writ^petition may be odopted in oll these similar^pending writ^petitions, os the issue involved in all the pending writ petitions is one ond the same and^proy this Court to dispose of all the^{pending writ} petitions, gronting liberty to oll the concerned porties to seek oppropriate remedy, subject to the outcome of the order which would be poss in WP No.19106 of 2010.

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Recording the submission mode by the learned counsel on either side and in view of the fact that the subject document is registered in pursuont to the interim order, this Court deems it oppropriote to disposed of the writ petition gronting liberty to both the porties to seek appropriote remedy, in accordance with law, subject to the outcome of the order which would be poss in WP No.19106 of 2010, if so otherwise oggrieved."

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6 ' 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 tearned counsel on either side and in terms of order passed by this Court in wp No.11653 of 2013 dated 23.07.2024, this writ petition is disposed of granting tiberty to both the parties to seek appropriate remedy rn accordance with [aw, sub;ect to the outcome of the order which woutd be passed in WP No.19106 of 2010, if so otherwise aggrieved.

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8' rt is made ctear that mere registration of the document does not confer title on the subject property and it is also made crear that this order woutd not have any bearing on att those matters where titte/rights of the parties are pending before the authorities either in revision/appeats for adjudication and in any other case this order also does not prectude the parties in asserting their rights before a competent Court of law.

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Accordingty, this writ petition is disposed of. Miscettaneous apptications, if any pending, shatt stand closed. No order as to cost.

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SD/. P. PADMANABHA REDDY ASSISTANf, REGISTRAR

//TRUE COPYII

SECTION OFFICER

To,

The Principal.Secretary. Revenue Department, State of Telangana, A.p. Secretariat, Hyderabad.

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2 The District Collector,, H yderabad District. H yderabad The District Registrar,, H yderabad District, H yderabad 4 The Joint Su b-Registrar-[, R.O.,, H yderabad, Hyderabad 5 One CC to S ri Prabhakar Sri pada Advocate [OPU0 f)7 Two CD Two CCs to GP For RevenuCo pres e, High Court foi the S tate of Tela.rgana. [OUT] IVBC GJP

HIGH COURT

DATED: 0110812024

i
!
ifi ltl 7i171
,'/

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ORDER

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WP.No.31711 ot 2012

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DISPOSING OF THE WRIT PETITION WITHOUT COSTSCOSTS bA

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WITHOUT COSTSCOSTS

S. Uma Devi, Hyd v. Secy Revenue Dept, Hyd and 3 Ot

Case brief

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S. Uma Devi, Hyd v. Secy Revenue Dept, Hyd and 3 Ot

Case brief

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