Disposed

Francis Anthony Lewis, v. the State of Telangana

Telangana HC7 Aug 2024WP/5638/2019

Case brief

AI extract

What is this about?

Writ petition against refusal to register a sale deed claimed as Government land in an LGC dispute. The document had already been registered pursuant to an interim order; the court disposed of the petition following an earlier similar order, granting liberty subject to outcome of pending WP No.19106 of 2010.

What did the court decide?

Petition disposed; liberty granted to both parties subject to outcome of WP No.19106 of 2010; miscellaneous applications closed; no costs.

Francis Anthony Lewis, Vs the State of Telangana — Property and Title | Telangana HC (2024)

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[^325s ]

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

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WEDNESDAY, THE SEVENTH 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: 5638 0F 2019

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Between:

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FRANCIS ANTHONY LEWIS, S/o Late Francis Xavier, Aged about 55 years, Occ: Service, R/o H.No.3-6-34/35, Opp: HDFC Bank, Boosireddyguda, West l/arredpally, Secunderabad - 500 026.

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...PETITIONER

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AND

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1 THE STATE OF TELANGANA, Rep by its Principal Secretary, Revenue Depal.r::i , Sl::r:s AND Rsgistration), Secretariat, Hyderabad.

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2 THE DIS-IRrlT e=3 STRAR Stai"nps and Assurance, HyderabaC Distriti, i'J:.;rpar ; i 14:::,:z:

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3 THE SUB REGISTRAR, Bourenpally, Secunderabad.

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...RESPONDENTS

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Petrtion under Artrcle 2ZO oI lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order. direction or writ more particularly one in the nature of wril of mandamus declaring action of the Respondents more particularly the Respondent No.3 while refusing to register the Sale Deed Dated 15.03.20i9 presented by the Petitioner in respect of House bearing No.223lGFlFFlSF (SCB No.5-20-353). consistrng of Ground, First and Second Floor with built up area of 4300 sq.ft on Plot No.223, admeasunng 216 sq.yds or 180 sq.mts in Sy.No.74l12 on Part of GLR No 396, in the sanctioned layout of Three Moorthy Cooperative Housrng Society. East I,4arredpally, Secunderabad as illegal, arbitrary and against the provisions of law and consequently direct the Respondent Nos. 2 and 3 to recerve and register the Sale Deed Dated 15.03.2019 presented by the Petitioner pertaining to the above property thereby to release the same in accordance with law.

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lA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the Respondent Nos 2 & 3 to receive and register the Sale Deed Dated 15.03.2019 presented by the Petitioner in respect of House bearing No.223lGFlFFlSF (SCB No 5-20- 353), consisting of Ground, First and Second

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Floor with built up area of 4300 sq.ft on Plot No.223, admeasuring 216 sq.yds or 180 sq.mts in Sy.No.74112 on Part of GLR No 396, in the sanctioned layout of Three Moorthy Cooperative Housing Society, East Marredpally, Secunderabad thereby to release the same.

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Counsel for the Petitioner: SRI G. RAJESHWAR REDDY

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Counsel for the Respondents: ASST. GP FOR STAMPS & REGISTRATION

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The Court made the following: ORDER

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1l - /, .-,

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THE HONOURABLE SRI JUSTICE^{N.V.SHRAVAN KUMAR} WRIT PETITION No.5538^{of 2079}

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ORDER:

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Heard [earned counsel for the^{petitioner and learned Assistant} Governmbnt Pteader for^{Stamps and Registration appearingfor the} respondents. with their consent,^{this writ petitionis 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 ctaim'ing the^{subject propertyas 'Government land' in} LGC No.167 of 1997.^{Aggrieved by the action of.theRegistering} Authority in not^{registeringthe subject document,the present writ} petition is fited.

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This Court^{grantedrnterim order on 19.03.2019,directingthe} Registering Authority to^{receiveand processthe subjectdocument,} subject to the outcome of^{WP No.19106of 2010fited by the State} Government against the^{order passed by Speciat Court underA'P.Land} Grabbing (Prohibition)Act,^{1982 in LGCNo.167 of 1997.}

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Today, when the matter has been taken^{up for hearing,tearned} counsel for the^{petit'ioner submits} that^{in pursuance to the interim}

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order passed by this court on 19.03.2019, 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 woutd submit that the subject matter in this writ petition is squarely covered by the order passed by this Court in Wp No.1.1653 of 201 3, dated 23.07.2024, and the retevant paragraphs reads as under:

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"6. Learned Assistont Government pleader for Stomps ond Registrotion would submit that counter oflidovit hos been fited on beholf of respondent No.2 i.e. , District Co ector, Hyderabod, and the Parograph No.8 reads os:

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'lt is submitted thot o comprehensive lond cose wos filed by the then lvlandol Revenue Officer, lAorredpotty ogoinst the (7) Societies and os well os some of indiviSuol plot 9wryys^{of 5y.No.74 of Morredpoily (paigoh)vittoge in} L.G.C, No.167/97 in the Spl.Court under L.G(p) A-.t,1g82. 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 A4RO, Marredpally Mondol f iled Wp No.19106/2010, before the Hon'bte High Cour t ond the same is pending. The Hon'ble Spt.Court dismissed the LGC on erroneous grounds without properly oppreciating the evidence of Govt. and os such writ petition hos been fited chollenging the some. Thus the LGC judgment hoi not become finot. Further submitted that the titigotion between the porties and the Govt. hos not reoched to its logicol end. Under such circumstonces it con t be soid thot Govt. hove lost its cloim. As sltch the interest ot' Govt still subsists. tn view of the obove the interest of

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Govt. thot subsists in the subject lond will be jeopordized if this W.P, is allowed. Hence it is lioble for dismissol.'

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Learned Assistont Government Pleoder would submit that subject matter was eorlier odjudicated 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 some, the lvlondol Revenue Officer, Morredpolly Mondal, filed WP No.19106 of 2010 before this Court ond the Hon'ble Division Bench has heord and reserved for orders.

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Leorned Assistont Government^pleoder would further submit thot mony porties hove filed writ petitions on the similor issue and obtoined interim order ond thereafter the respondent outhorities hove received, registered ond releosed the documents therein, however foirly submits thot in most of the coses, the respondent outhorities hove not filed counteroffidovit and the counter-off idovit fited in this writ petition moy be odopted in oll these similor pending writ petitions, os the issue involved in oll the pending writ petitions is one ond the some ond pray this Court to dispose ol olt the pending writ petitions, granting 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 ond in view ol the foct thot 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 parties to seek oppropriote remedy, in occordonce with low, 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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I I

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l-earned 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 201,i.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 tritte on the subject property and it is atso made ctear that this order woutd not have any bearing on atI those rnatters where titte/riehts of the parties are pending before the authorities either in revision /appeats for adjudication and in any other case thrs order atso does not prectude the parties in asserting their riqhts before a competont Court of [aw.

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Ac.cordingty, this writ petition is disposed of . Misceltaneous apptications, if any pending, shatt stand ctosed. No order as to cost. SD/.N.CHANDRA^SEKHARRAO ASSISTANT REGISTRAR ./ //TRUE COPY/' '\ '/

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SECiION OFFICER

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to'', The Principal^{Secretary, RevenueDepartment (stamps & Regrstratron I The} State Of^{Telangana. Secretariat, HyderaDao'}

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1. The Drstrict^{n.gi"trrrl6i,";;i?ho'nJ"'nte'Hvderabad [)rstnctNampally'} Hvderabad.

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: ifiE sue REGISTRAR,^{Bowenpally.S-ecunderabad} ; o;;^rjc to sa^{G RAJESHWAR REDD-Y'AdvocateIoPUC]} s i*o^{,:c, to Gp FOR'siAMijSa ne ctsrnnTloN.Hrgh c.ur1 for the state} of Te angana. [OUTI

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