Smt H Bhuvaneswari Vs State of Ts

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

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TUESDAY ,THE TWENW FIFTH DAY OF FEARUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN^KUMAR

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WRlT PETITION NO: 11566 OF 2018

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Between:

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Smt H Bhuvaneswari, Wo Sri Hari Hara Sudhan,^{aged about 28 years,} Occupation House Wife, Resident of Door^No. 8-3-314^{and3'15, Second} Bazar' Secunderabad'

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..pETrroNER

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AND

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State of Telangana Represented by its Principal Secretary,^{Revenue ( Stamps} and Registration) Department , Telegana Secretariat,^Hyderabad'

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District Registrar, Hyderabad District, Hyderabad.

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Sub - Registrar, Maredpally, Secunderabad.

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...RES'ONDENTS

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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 Courtmay be} pleased to issue any appropriate Writ, Order or Direction^preferably a Writ in the nature of Mandamus declaring the action of the^{2nd and 3rd respondentsin not} receiving and registering the Sale deed executed^{and presented by Sri P.Venkata} Krishna Rao, represented by his brother^{and GPA Holder P. SrihariRao in the} name of the^petitioner in respect^{of ResidentialFlat bearing MunicipalDoor No.} 10-3-31 and 31/fu101, first floor,^{plot No.3 situated at Survey No. 7419 of East} Mareedpally Secunderabad, as^{illegal arbitraryand violativeof Article 14 and} 300A of the Constitution of lndia^{and consequentlydirect the 2nd and 3rd} respondents to receive and register the^{sale deed executed and presented by Sri} P.Venkata Krishna Rao, represented^{by his brotherand GPA Holder P.Srihari} Rao, in favour of the petitioner in respect of Residential^{flat BearingMunicipal} Door.No. 10-3-3'1 and 31/fu101 , First Floor,^{Plot No. 3 situated at SurveyNo.} 7419 of East Marredpaly, Secunderabad

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lA NO: 1 OF 2018

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Petition under Section 151 CPC praying that in the circu'nstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to direct the 3rd respondent to receive and register the Sale d,:ed executed and presented by Sri P.Venkata Krishna Rao, represented by his brother and GpA Holder P. Srihari Rao in the name of the petitioner in respect )f Residential Flat bearing Municipal Door No. 10-3-31 &311A1101, First Floor, Ptot No. 3, situated at Survey No. 7419 of East Marredpally, Secunderabad, and release the same in favour of the petitioner, pending disposal of the Writ petition

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Counsel for the Petitioner: SRl. Y. SUDHAKAR

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Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

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I

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN I(fIMAR -'

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W.P. No.11566 of 2O18

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ORDER:

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Questioning ttre action of the respondents, Registering Authority, in refusing to receive and register the residential Flat bearing Municipal Door No. 10-3-31 & 31/A/ 101, lst Floor, Plot No.3 situated at Survey No.74 19 of East Marredpally, Secunderabad, admeasuring of 17lO square feet with undivided share of land admeasuring about 111.66 square feet (hereinafter referred to as "the subject propert/) on the ground that the subject propert5r is claimed by the Government in LGC No.1671 1997, t|r.e petitioner filed the present writ petition.

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It is the case of the petitioner that the petitioner with an intention to purchase the subject property approached the registering authority, respondent No.3, Sub-Registrar, Marredpally, who refused to receive and register the same on the ground that it is a Government land. Hence, the petitioner filed the present writ petition.

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Today, when the matter has been taken up for hearing, there is no representation for the petitioner. However, in similar cases, this Court recorded that the Government had fi1ed LGC No.167 of 1996 claiming the subject survey number as it is a Government iand and the same was dismissed on 18.03.2O 1O by the Special Court. Thereafter, the Government filed a writ petition in W.p. No. 191O6 of

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2

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(

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W.P, No,l I56,6 or 20lB

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2010 that was heard and reserved for orders by the Division Bench of this Court.

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Upon a perusal of the proceedings of this Corrrt, this Court on 09.04.2018 in I.A. No. I of 201g passed interim direction to the respondent No.3 to register the document in question presented by the petitioner and the same shall be subject to the out come of the writ petitions filed by the State against the order of rhe Special Court under the A.P. Land Grabbing (prohibition) Act, t,)82, Hyderabad, in LGC. No. 167 of l99Z and batch.

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On the other hand, the learned Assistant Gov:rnment pleader for Stamps and Registration would submit that manl.number of writ petitions have been filed on similar issue wherein no rieparate counter affidavits have been fiied however, in similar vrrit petition in W.P. No. 11653 of 2013, which was disposed of on 23.07.2O24 by this Court, a counter affidavit has been frled and the avernLents mentioned therein may be read/adopted as a counter averments in all the similar matters and the present writ petition is one among ;imilar pending writ petitions and requested to dispose of the prese _rt writ petition with a liberty to either of the parties to pursue thr.ir remedies as available under law subject to outcome of the w.p. No.19106 of 20ro, which is pending for orders before the Division Bench ol this Court.

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rvsK, J W.P, ta..I l566 of20l8

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Heard the learned Assistant Government Pleader for Stamps and RegistraLion and perused the materia-l made available on the record.

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The counter ajfrdavit stated to have been filed in W.P. No.1 1653 of 2013 by the respondent No.2, District Collector ttrerein, is taken on record as the counter a{fidavit has been Iiled as an adopted one in the present writ petition. In the said counter alfidavit at para No.8 stated as under:

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'8. It is submitted that a comprehensive land case was filed by the then Mandal Revenue Offrcer, Marredpally against the (7) Societies and as well as some of individual plot owners of Sy.No.74 of Marredpally (Paigah) vi-tlage in LGC. No.L67 /97 in the Spl.Court under L.G.(P) Act, L942. The Hon'ble Spl.Court, under A.P.L.G.(P) Act dismissed the LGC No.l67 /97 on 18.03.2010. Aggrieved by the same, the then MRO, Marredpally Mandal frled WP. No. 191O6/2O 1O before the Honble High Court and the same is pending. The Hontrle Spl.Court disrnissed tJle LGC on erroneous grounds without properly appreciating the evidence of Govt. and as such writ pedtion has been frled challenging the same. Thus the LGC judgment has not become final. Further submitted that the litigation between tJ:e parties and the Govt. has not reached to its logical end. Under such circumstances it can't be said that Govt. have lost its claim. As such the interest of Govt. still subsists. In view of the above the interest of Govt. that subsists in the subject land

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-+ will be jeopardized if this W.P. is allowed. Hence it is liable for dismissal."

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W.P. lto.l1566 ot 20ta

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Since the learned.,.flspistant Government plea ler submits that she is not aware whether the subject document is registered or not and there is no information whether the subject do()ument hds been registered pursuant to interim order dated O}.O4.2O. g passed by this Court in I.A. No. i of 2Olg, this Court is of the consid:recl opinion that if the subject document is registered, the petitioner :.;hall not alienate further without the permission of this Court.

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It is made clear that the registration of the srLbject document, pursuant to the interim order dated Og.O4.2OLa passred by Lhis Court in I.A. No.l of 2018, is subject to outcome of the V,r.p. No.l9l06 of 201O, which is pending for orders before the Divisi< n Bench of this Court.

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However, it is made clear that mere registration of the document does not confer any title on the subject property and _his order would not have any bearing on all those matters where tir.le/rights of the parties are pending before the authorities either in :..evision / appeals for adj udication and in any other case this order also would not preclude the parties in asserting their rights before the competent Court of law.

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li Accordingly, this writ petition is disposed of. Tlrere shall be no order as to costs

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ifl/sK, J w,P. Lo,11566 of20la

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Asase quel, miscellaneous applications pending, if any,