Disposed

G. Vijaya Mary, v. Govt. of Andhra Pradesh Rep. by its Secretary

Telangana HC2 Aug 2024WP/6236/2013

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking direction to register a sale deed after the document had already been registered under a prior interim order, noting that the underlying land claim remains sub-judice in a pending writ.

What did the court decide?

Writ petition disposed of. Liberty granted to both parties to seek appropriate remedy subject to the outcome of WP No. 19106 of 2010.

G. Vijaya Mary, Vs Govt. of Andhra Pradesh Rep… — Writ and Judicial Review | Telangana HC (2024)

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

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FRIDAY, THE 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: 6236 OF 2013

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Betwee n:

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Q^{VlayaMary, W/o. Sri G. LourduReddy,} aged about 42 years, Occ: Teacher, R/o. Flat No.8, Plot No.6, Road No. 6, Three Moorlhy Colony, lzlahendra Hills, Secunderabad - 500 026.

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..,r E r ll ltirYEl{

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AND

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1 Govt. of Andhra Pradesh Rep. by :ts Secfetary. Revenue Department, A.P Secretariat, HyCerabad.

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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 the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the 2nd and 3'd respondents in refusing to register the petitioner sale deed dated 13.02.2007 in respect of Flat No.B in plot No. 6, in Survey No. 7418, ot part of GLR No. 396, admeasuring 600 sq. yards situated in the layout of Threemurthy Weaker Sections Co-operative Housing Society Ltd., East Marredpally, Secunderabad Cantonment as illegal, arbitrary, and against the provisions of law and consequently direct the 2nd and 3rd respondent to register the sale deed. presented by petitioner pertaining to Flat No.8 in Plot No. 6, in Survey No. 74lB:'or part of GLR No. 396, admeasuring 600 sq. yards situated in the layout of Threemurthy Weaker Sections Co-operative Housing Society Ltd., East Marredpally, Secunderabad Cantonment and release t'" the same.

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r' Counsel for the petitioner: M/S. D. pRafUaOn

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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 KUMAR WRIT PETITIO NN o.6236 of 20'1.3

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ORDER:

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Heard [earned counset for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of.

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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 c[aiming 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 fiLed.

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This Court granted interim order on 01.03.2013, directing the Registering Authority to receive and process the subject documents, subject to the outcome of WP No.19106 of 2010 fited by the State Government against the order passed by Speciat Court under A.P.Land Grabbing (Prohibition) Act, 1982 in LGC No.167 of 1997.

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Today, when the matter has been taken up for hearing, learned counset for the petitioner submits that in pursuance to the interim order passed by this Court on 01 .03.20'13, the Registering Authority

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have registered the subject property and further submits that^{in view} of interim order passed by this Court no further orders^{are required to} be passed in this Writ petition.

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Learned Assistant Government Pleader 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.'l¹⁶⁵³ of 2013, dated 23.07.2024, and the relevant^{paragraphs Nos.6} to⁹ reads under as under:

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"6. Leorned Assistant Government Pleader for Stamps^and Registration would submit that counter offidovit has been filed on beholf of respondent No.2 i.e., District Collector, Hyderabad, ond the Poragraph No.8 reods as:

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'lt is submitted that a comprehensive land case^wos filed by the then lvlandal Revenue Officer, lvlarredpolly agoinst the (7) Societies and as well as some of individuol^plot owners of Sy.No.74 of Morredpall.y (Poigah) 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 MRO, lvlarredpolly lAandol filed 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. ond as such writ^petition has been filed chollenging the same. Thus the LGC^judgment has not become final. Further submitted that the litigation between the^parties and the Govt, has not reached to its logicol end. Under such circumstances it con't be soid that Govt. have lost its cloim. As such the interest of Govt. stiil subsists. ln view of^{the above the interest} of Govt. thot subsists in the subject^{lond will be jeopordized} if this W.P. is ollowed. Hence it^{is liable} for dismissal.'

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Learned Assistont Government Pleader woutd submit that subject motter wos earlier odjudicoted 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, lAarredpally lvlondal, Iiled WP No.19106 of 2010 before this Court and the Hon'ble Division Bench hos heard ond reserved for orders.

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Leorned Assistant Government Pleoder would further submit that many parties hove filed writ petitions on the similar issue and obtained interim order and thereofter the responde.nt authorities have received, registered ond released the documents therein, however fairly submits thot in most of the coses, the respondent outhorities have not filed counteroffidavit ond the counter-af fidavit filed in this writ petition moy be adopted 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 oll the pending writ petitions, gronting liberty tgall the concerned parties 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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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 appropriote to disposed oflhe writ petition granting liberty to both the porties to seek appropriate 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 aggrieved."

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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 tearned counsel on

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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 in accordance with [aw, subject to the outcome of the order which woutd be^passed in WP No.1 910 6 of 2010, if so otherwise aggrieved.

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It 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 atl 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 [aw.

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Accordingly, this writ petition is disposed of. Miscettaneous applications, if any pending, shat[ stand ctosed. No order as to cost.

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SD/-N. SRIHARI ASSISTANT REGISTRAR //TRUE COPY// \ !A sEcTtoN oFrrcen

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To,

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1 The,Secretary. Revenue Department, A.p. Seci-etariat, Govt. of Andhra Hraoesn Hvoerabad.

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2 District Registrar. Hyderabad District. Hvderabad

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3 Sub Registrar. Bowenpally, Secundera6ad 4 One CC to IV/s. D. Pramada, Advocate IOPUCI 5 Two^{CCs to Gp for SIaTqs^i.ERegistraiion, High Cou(} for the State of Telangana. at Hyderabad [OUT]

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