Disposed

Smt. Mohini Bai Naraindas v. State of Telangana

Telangana HC22 Aug 2024WP/45428/2018

Case brief

AI extract

What is this about?

Writ petition seeking registration of a sale deed refused on grounds that Government claimed land in LGC proceedings. Document had already been registered per interim order; court disposed of petition granting both parties liberty to seek remedy subject to outcome of WP No.19106 of 2010.

What did the court decide?

Petition disposed; liberty granted to both parties to seek appropriate remedy subject to outcome of WP No.19106 of 2010; no costs.

Smt. Mohini Bai Naraindas Vs State of Telangana — Landlord and Tenant | Telangana HC (2024)

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[^325s ]

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HIGH COURT FOR THE STATE OF 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 PETITION NO: 4542 8 0F 2018

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Between:

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Smt. Mohini Bai Naraindas, Wo: Nararndas, Aged about 75 years, Occ. Housewife, R/o.H.No B-1-19, Prashanth Ap5rtments, pendeignaii Road, Secunderabad.

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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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2 District Registrar, Hyderabad District, Hyderabad

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3 Sub Registrar, Bowenpally, Secunderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the .3'd respondent in not registering the petitionels sale deed in respect of the plot bearing No.107, admeasuring 420 square yards equivalent 351.16 square meters in survey No.74ig, in the layout of Three Moorthy weaker Section co-operative Housing society Limited at East Marredpally, Secunderabad, Cantonment, by declaring G.0.M.S.No.609, dated 18-08- 2004 as illegal, arbitrary, u nconstitutronal dnd against the provisions of law an( consequently direct the 3'd respondent to register the Sale Deed presented by petitioners pertaining to the plot bearing No.1 07, admeasuring 420 square yards equivalent 351 . 16 square meters in survey No.74l8. in the layout of rhree Moorthy Weaker Section Co-operative Housing Society Limited at East Marredpally, Secunderabad, Cantonment and release the same.

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lA N(): 1 OF 2018

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Petition under Section^'151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition. the High Court may be pleased to direct the 3'd Respondent to receive and register the Sale Deed. pertaining to the plot bearing No. 107, admeasuring 420 square yards equivalent 351 . 16 square meters in survey^No.74l8, in the layout of Three Moorthy Weaker Section Co-operative Housing Society Limited at East Marredpally, Secunderabad, Cantonment and felease^the same^pending disposal of the writ^petition.

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Courrsel for the Petitioner: SRI D. DEVENDER RAO

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Courrsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The^()ourt made the following: ORDER

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THI HONOURABLE SRI JUSTICE N.V.SIIRAVAN^KUI,{AII

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WRIT PETITION No.45428 of 2018

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ORDER:

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

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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 subiect document, the^presentwrit petition is fited.

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This Court granted interim order on 14.12.2018., directing^the Registering Authority to receive and.register the subject document, and the registration shatt be subject to the outcome of the^Writ Petitions fited against L.G.C.No.167 of 1997 and^batch.

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Today, when the matter has been taken up for^{hearing, [earned} counset for the petitioner submits that in^pursuance to the^interim order passed by this Court on 14.12.2018, the Registering^Authority \ /

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have registered the subject document and further submits that in view of interim order passed by this Court no further orders are required in tlris 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 squarety covered by the order passed by this court in wp No.11653 ot' 2013, dated 23.07.2024, and the retevant paragraphs reads as under:

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"6. Learned Assistont Government pleader for Stamps ond Registration would submit thot counter offidovit hos been filed on behalf of respondent No.2 i.e., District Collector, Hyderobod, ond the Porograph No.B reods as

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'lt is submitted thot o comprehensive land cose wos filed by the then l.Aandol Revenue Officer, lviarredpolly ogainst the (7) Societies ond os weil as some of indivi1uaT ptot owners of 5y.No.74 of Marredpally (paigah) village in L.G.C, No.167/97 in the Spl.Court under t.G1p1 Arl,1gB2. The Hon'ble Spl.Court, under A.p.L.G.(p) Act dismissed the LGC No.167/97 on tB-03-2010. Aggrieved by the same, the then MRO, tularredpolly Mandol filed Wp No.19106/2010, before the Hon,ble High Court ond the same is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly appreciotiig the evidence of Govt. ond os such writ petition hos beeiyiled chollenging the some. Thus the LGC judgment has not become final. Further submitted tiat-the litigation between the parties and the Govt. has not reachei to its logicol end. lJnder such circumstances it can,t be soid that Govt. have lost its cloim. As such the interest of Govt. still subsists. tn view of the above the interest of Govt. thot subsists in the subject land will be jeopordized if this W.P. is ollowed. Hence it is liabte for dismissat.,

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Leorned Assistont^{Government Pleoderwould submit that} subject matter^{was earlier odiudicoted by the 5pl'Courtunder} A.P.L.G.(P) Act,^{1982, vide LGC No.167of 1997,however the} soid LGC No.167 of^{1997 hos been dismissed on 18.03'2010'} Aggrieved the same, the^{llondotRevenue Officer,Morredpolly} llandol, fited WP No.19106 of^{2010 beforethis Court and the} Hon'ble Division Bench^{hos heard ond reserved} for^orders.

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Learned Assisfont^{GovernmentPleader would} further submit that mony^{parties hove} filed^{writ petitionson the similar} issue and obtained^{interim order ond thereofterthe respondent} authorities hove received,^{registered and released the} documents therein,^however fairly^{submitsthot in most of the} cases, the respondent^{authorities have not} filed^counter' offidavit and the^{counter-offidavit} filed^{in this writ petition} may be adopted in oll^{thesesimilar pendingwrit petitions,os} the issue involvedⁱⁿ oll^{the pendingwrit petitionsis one and} the same ond^{pray this Court to disposeof all the pending writ} petitions, granting tiberty to oll^{the concernedpartiesto seek} oppropriote remedy,^{subject to the outcome of the orderwhich} would be^poss in^{WP No.19106of 2010.}

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Recording the submission^{mode by the learnedcounsel on} either side ond in^{view of the} foct^{that the subiect document is} registered in^{pursuont to the interim order, this Courtdeems it} oppropriote to disposed^{of the writ petitiongrontingliberty to} both the^{parties to seekoppropriote remedy, in occordonce with} taw, subject to^{the outcomeof the order which would be poss in} WP No.19106 of 2010,^{if so otherwise aggrieved."}

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Learned counsel for the petitioner fairty submits that simitar or,Jer may be pass in this writ petition.

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Recording the above submission made by learned counse[ on eil,her side and in terms of order passed by this Court in Wp No.'l 1653 of 7013 dated 23.07.2024, this writ petition is disposed of granting tib,erty 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 7010, 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 also made ctear that this order would 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 atso dc,es not prectude the parties in asserting their rights before a ccmpetent Court of [aw.

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