Sri M.D.Appa Rao Vs The District Registrar — Writ and Judicial Review | Telangana HC (2025)

Sri M.D.Appa Rao Vs The District Registrar — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Interim order dated 04.04.2025 made absolute: Registering Authorities to receive and register the document presented by the petitioner if otherwise in compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899; clarification that mere registration confers no title; no order as to costs; miscellaneous petitions, if any, closed.

Issue for consideration

Whether the action of the respondents in not receiving and registering the Gift Deed in respect of the petitioner's property bearing Plot No.28 Part, Sy.No.74/9, admeasuring 194.44 Sq. Yards, East Marredpally, Secunderabad Cantonment, is arbitrary and illegal, entitling the petitioner to a writ of mandamus directing registration and release. +1 more

Ratio / Principle

In view of the submissions made by both sides and the dismissal of W.P.No.19106 of 2010 on 28.05.2025, the interim order dated 04.04.2025 in W.P.No.10063 of 2025 is made absolute and the writ petition is disposed of.

Key takeaways

Mere registration of the document does not confer title on the subject property; the order has no bearing on matters where title/rights of the parties are pending before the authorities in revision/appeals, and does not preclude the parties from asserting their rights before a competent Court.obiter¶30

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (K. Sarath, J.) disposed of a writ petition under Article 226 of the Constitution seeking a mandamus against the District Registrar (Hyderabad), Sub Registrar (Marredpally), Joint Sub Registrar (Bowenpally) and other revenue authorities for not receiving and registering a Gift Deed in respect of Plot No.28 Part, Sy.No.74/9, admeasuring 194.44 Sq. Yards, East Marredpally, Secunderabad Cantonment. In view of the dismissal by the Division Bench on 28.05.2025 of the State Government's W.P.No.19106 of 2010 (directed against the order in LGC.No.167 of 1997 of the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982), the interim order dated 04.04.2025 - directing the Registering Authorities to receive and register the document if otherwise in compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899 - was made absolute. The Court clarified that mere registration does not confer title and does not affect pending title/rights proceedings; miscellaneous petitions were closed and there was no order as to costs.

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PRESENT

THE HONOURABLE^{SRI JUSTICE K' SARATH}

wRIT PETI^{TIONNO:10063 0F2025}

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...PETITIONER

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,n. District^{Registrar' HyderabadDistrict' Hyderabad'}

2.^{The Sub Registrar' Maredpally' Secunderabad'}

3.^{The Joint Sub Registrar'Bowenpally' Secunderabad'}

4.TheDistrictCollector,HyderabadDistrict,Hyderabad.Principar^{secretary' Revenue} 6. rhe^state 9l^l*L-.Tfiid,[:pHyd?rJh. Department'^Secret

6.^{The Tahsildar'MaredpallyMandal' Secunderabad'}

...RESPONDENTS

PetitionunderArticle226oftheConstitutionoflndiapraylngthatinthe circumstances^{stated in the affidavitfiled therewith'the High Court may be} pleased to issue^{a Writ, order or direction' one more particularly in the natureof} a writ of^{Mandamus declaringthe actionof Respondents in not receiving and} registering^{the Gift Deed, in respectof the petitioners property'sbearing Plot} No.28 Part,^{in Sy. No.74l9, admeasuring194.44 Sq. Yards' situated at East} Marredpally,^{SecunderabadCantonment' Telangana State'as beingarbitrary} and illegal^{and consequently direct the Respondentsto register and releasethe} same after^{due registration'}

IA NO:10 F 2025

Petition under Section I51 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may * ,,"rr"O to direct the Respondents to receive and register the Gift Deed, in respect of the petitioner's property's bearing prot No.2g part, in Sy. No.74lg, admeasuring 194'44 Sq yards' situated at East Marredpary, Secunderabad cantonment, Telangana State, pending the disposal of the writ petition.

Counset for the petitioner: SRt p.SRl HARSHA REDDY

Counsel for the Respondents: AGp FOR STAMPS & REGISTRATION The Court made the following: ORDER

THE^{HONOURABLE SRI JUSTICEK'SARATH} PEfITI^{ON No. 10063of 2025}

ORDER:

Heardlearnedcounselforthepetitionerandlearned Assistant^{Government Pleaderfor StamPs and Registratlon} appearing^{for the respondents and perused the material on} record.

Learned^{counsel for the petitioner subrnits that at the} dme of^{admission, ttris Court granted interim order on} O4.O4.2O25,^{directing the Registering Authoritiesto receive} and register^{the documentpresentedby the petitic''ner if it} is otherwise^{found to be incompliancewiththe} requirements^{of the Registration Act' 19O8'and the Indian} StamP^{Act, 1899'}

Tod.ay,^{when flre matter istaken up ftrr hcaring'} learned^{Counsel on the both sicles submits that connected} matter in^{W'P.No.19106 of 2010' which is filed by the State} Government^{against the order inLGC'No'167 of 1997} passed by the^{Special Court under the A P' Land Grabbing}

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(Prohibition) Act, 1982, Hyderabad, was dismissecl by the Division Ben<:h of this Court on 2g.O5.2025.

In view of the submissions made by both sides and in view of the dismissai of W.p.No. 19106 of 20 1O on 28.05.2025, the interim order passed by this Court in W.P.No.10063 of 2025, dated 04.04.2025 is made absolute. Accordingly, the writ petition is disposed of.

It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on a_ll those matters where title/rights of the parties are pending before the authorities either in revision/appeaJs for adjudication and in any other case this order arso does not preclude the parties in asserting their rights before a competent Court of law. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stald closed.

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SD/. L. VIJAYA LAXMI S REGISTRAR //TRUE COPY// ION OFFICER

The District Regislrar, Hyd erabad District, Hyderabad

The Sub Registrar-, Maredpally, Secunderabad.

The Joint Sub Registrar, Bowenpally, Secunderabad.

The District Collector, Hyderabad District, Hyderabad

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Department^{Secretariat Bu.dins'}

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6.^{The Tahsildar'MaredpallyMandal' Secunderabad'}

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HIGH COURT

DATED:0 4t}tt2}2s

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ORDER

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WP.No.10063 of 2O2S

DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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