Sri, M Rangaraj Vs The State of Telengana — Writ and Judicial Review | Telangana HC (2025)

Sri, M Rangaraj Vs The State of Telengana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: registration effected pursuant to the interim order dated 09.04.2018 in I.A. No.1 of 2018 stands, expressly subject to the outcome of W.P. No.19106 of 2010 pending before the Division Bench; the petitioner is restrained from further alienation without this Court's permission; mere registration confers no title and parties remain free to assert their rights before competent authorities/Courts; no order as to costs; miscellaneous applications pending, if any, stand closed.

Issue for consideration

Whether the action of respondents 2 and 3 (the Registering Authorities) in refusing to receive and register the sale deed executed in favour of the petitioner for the residential flat at East Marredpally is illegal, arbitrary and violative of Articles 14 and 300A of the Constitution, warranting a writ of mandamus directing them to receive, register and release the sale deed to the petitioner. +1 more

Court's answer

Mere registration of the document does not confer any title on the subject property; this order would have no bearing on matters where the rights of the parties are pending before the authorities (decisions/appeals) for adjudication, and would not preclude the parties from asserting their rights before the competent Court of law.

Ratio / Principle

Since the learned Assistant Government Pleader submitted she had no information whether the subject document had in fact been registered pursuant to the interim order dated 09.04.2018 in I.A. No.1 of 2018, the Court held that if the subject document is registered, the petitioner shall not alienate it further without the permission of this Court.

Key takeaways

It is made clear that the registration of the subject document, pursuant to the interim order dated 09.04.2018 passed by this Court in I.A. No.1 of 2018, is subject to the outcome of W.P. No.19106 of 2010, which is pending for orders before the Division Bench of this Court.ratio¶43

Detailed headnote1 paragraphs

Registration - Refusal to receive and register sale deed (residential flat, East Marredpally, Secunderabad) on the ground that the property is claimed as Government land in LGC No.167/1997 - Petitioner sought mandamus against District Registrar and Sub Registrar, Marredpally - Special Court under A.P. L.G.(P) Act, 1982 had dismissed the LGC on 18.03.2010; Government's challenge thereto (W.P. No.19106 of 2010) pending before Division Bench - Counter affidavit in similar W.P. No.11653 of 2013 adopted on record - Writ petition DISPOSED OF: registration pursuant to interim order dt.09.04.2018 in I.A. No.1/2018 expressly made subject to outcome of W.P. No.19106 of 2010; petitioner barred from further alienation without Court's permission; mere registration does not confer title and does not affect/preclude adjudication or assertion of rights before competent forums - No costs; miscellaneous applications closed. (Single Judge: N.V. Shravan Kumar J.; decided 25.02.2025.)

[^32ss l

HIGH COURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD (SPecial Original^{Jurisdiction)}

TUESDAY,^{THE TWENTY FIFTH DAY OF FEBRUARY} . -__ TWOTHOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE^{SRIJUSTICE N.V.SHRAVAN KUMAR}

WRIT PETITION^{NO:11577 0F 20'18}

Between:

Sri M.Ranqaraj,^{S/o R. Mutthu Swamy'Aged about58 years' Occupation; Business'} H.l Jijli,t iit^{oZt ilrt. a-s-s r i in'i' 5 i i' s"""*o Bazar' Secunderabad'}

.....PETITIONER

AND

1 The State #;i;; of fu;"rE^Telangana, t su'piu"o^{State of Telanganq. Rqplesen-ted by negi'stration) Department'releganaits Principal} Secretariat,^HYderabad.

District^{Registrar, Hyderabad District' Hyderabad'}

Sub^{Registrar' Marredpally, Secunderabad'}

.....RESPONDENTS

PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances^{stated in the affidavitfiled therewith' the High Courtmay be} pleased to issue^{any appropriate Writ'Orderor Direction preferably a Writ in the} nature of^{Mandamus declaringthe actionof the 2nd and 3rd respondentsin not} receiving^{and registeringthe Sale deed executedandpresentedby Sri K'Rarn} Reddy,^{M7s Sena Enterprises Gpresentedby its Managing Director' Sri Bandaiu} Ashok Kumar^{and Sri S DharnithSingh'in the narneof the petitioner in respectof} Residential^{Flat bearing Municipal Door No l0-3-31 and 31tN2O1' SecondFloor'} Plot No. 3^{situatedat SurveyNo 7419 of EastMarredpally'Secunderabad'as} illegal, arb^{trary, and violative of Article 14 and 300 A of the Constitutionof lndia} and consequently^{direct the 2nd and 3rd respondentdto receive and registerthe} sare deed^{executedandpresentedby sri K.Ram Reddy,M/s Sena Enterprises} represented^{by its ManagingDirector' Sri BandaruAshok Kumar and Sri S'}

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Dharnith Singh, in^thtr rme of the^{petitionerin respect of Residr:ntia Flat bearing} :i-31 and 31 t At2O1,^{Second Floor, Plot['lo ' ] situated at} Municipal Door^No.1( Survey No. 7419^o1 =:. ,,t tr4arredpally, Secunderabad' and relea;e the sameⁱⁿ favour of the Petrtiottt:r

|.A.NO:1 OF 2018

Petition Under^S r,r;tion 151 CPC^praying that^{in the circurlstarrces stated in} the affidavit filed^{irt t;} r rport of the^{petition, the High Courtm a)' b e pleasedto} direct the 3rd^resPonr r,nt to receive and register the^{Sale dee(j(,rxecuted and} presented bY !i ri ll l:.,nt Reddy, tvl/s Sena^{Enterprises repres{lntedby its} Managing^{g;rs616r, 13t} Bandaru Ashok Kumar^{and Sri S. Dharnith Singh'in the} name of the Petitio^n3r n respect of Residential^{Flat bearing [,4urric pal Door No.} 10-3-31 and 31rA/11(¹ ilecond Floor. Plot No.3,^{situatedat Surve'7 No. 7419of} East MarredPally.^!ir r...rnderabad, and release the same^{n f:'rvourof the} petitioner, pend ing dis r': sal of the writ^petition.

Counsel for the^{Petitirner : SRI Y.SUDHAKAR}

Counsel for the^{Re's p )ndents : GP FOR REVENUE}

The Court made the^{f rllowing ORDER}

// ,/,,

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.11577 of 2OL8

ORDER:

Questioning the action of the respondents, Registering Authority, in refusing to receive and register the residential Flat bearing Municipal Door No.10-3-31 e 3IlAl2Ol,II Floor, Plot No.3 situated at Survey No.7 4 I 9 of East Marredpally, Secunderabad, admeasuring of 17 1O square feet with undivided share of land admeasuring about 1 1 1 .66 square feet (hereinafter referred to as "the subject property") on the ground that the subject property is claimed by the Government in LGC No.167/ 1997, tl;.e petitioner hled the present writ petition.

It is the case of [he 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 peti[ioner filed the present writ petition.

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 frled LGC No.167 of 1996 claiming the subject survey number as it is a Government land and the same was dismissed on 18.03.2010 by .the Special Court. Thereafter, the Government hled a writ petition in W.P. No.191O6 of

1

2010 that rvas I t irrd and reserved for orders^{by the Div,si<,n Benchof} this Court

Upor z p :sal of the proceedings of this Cour. ,^{t,h Ls Court on} 09.O4.2018 r LA. No.1 of 2018^passed interirn^{Cirec'-ion to the} responden.t l,Lr. I to register the document in^{questionpiesentedby} the petitione : a^- l1 the same shall be^subject to^{the ol 1- ,)ome of the} writ petitions, ii . 1 by the State against^{the order of tt e Strecial Court} under the: A.l). -,and Grabbing^{(Prohibition) Act,198 2, Hyderabad,} in LGC. No.161' : ' 1997 and batch.

On thr: rr I er hand, thc learned Assistant^{(iov(rlrrentPleader} for Stamps z rL,: l.legistration ltould submit that many rLutnber of writ petitions l-rar e I r r:n hled on similar issue wherein no^s e la^'ate counter afhdavits hrr"c been filcd however, in similar^{v'r-Lt petitionin} W.P. No.1I6rlr : t 20 13, n,hich was disposed of on^{2301' .t'O24by this} Court, a ooun t( r affidavit has been filcd and thc avernre ttt^{s mentioned} therein ma5' t e r -rztd/ adopted as a counter avermenlsⁿ a l^{the similar} matters and L : present writ petition is onc among srmllar^pending writ petition s r rrd requested to dispose of the^{prest r l-} 'vrit^petition with a libertl. : ; either of the parties to pursuc^th e r^remediesas au.' 1^61" 11ndr:^r ,lw subject to outcome ol the W.P. No. L9 [06 of 2010, u'hich is per c r r r , for orders before the Division Bench ol tl.is Court.

3

w.p. IIo. rrs7z o( ZOIE

Heard the learned Assistant Government pleader for Stamps and Registration and perused the material made available on the record.

The counter aIfdavit stated to have been filed in W.p. No.l1653 of 2013 by the respondent No.2, District Collector therein, is taken on record as the counter affidavit has been hled as an adopted one in the present writ petition. In the said counter affidavit at para No.g stated as under:

"8. It is submitted that a comprehensive land case was hled by the then Mandaj Revenue Officer, Mar.redpally aga_rnst the (7) Societies a_nd as well as some of individual plot owners of Sy.No.74 of Marredpally (paigah) village in LGC. No.l67 /97 in the Spl.Court under L.G.(p) Act. 1982. The Honble Spl.Court, under A p.L G.(p) Act dismissed the LGC No.I6Z /92 on 1g.03.2010. Aggrieved by the sarne, the then MRO Marredpally Mandal frled Wp. No.19tO6/2O10 before the Honble High Court and the same is pending. The Honble Spl.Court dismissed the LGC on erroneous grounds without properly appreciating the evidence of Govt. arrd as such writ petition has been filed challenging tJ'e sa:rre. Thus ttre LGC judgment has not become final. Further submitted that the litigation between the parties and the Govt. has r end. Under such ",..r-";".Ji:::ff:: that Govt. have lost its claim. As such the interest of Govt. still subsists. In interest of cov. thar ""r":J:;::jH:lJ:J; will be jeopardized if this W.p. is allowed. Hence it is liabie for dismissa.l.,,

N,l,lSK, J w.P. N. lt577.r2()ta

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Since th ' learned Assistant Government PIcacLe r s,ubmits that she is n()1. i.\'i r:: whether the subject document is r.egis,lered or not and there rs n , information whether the subject docu ne,nt has been registerecl p Is , ilnt to interim order dated 09.04.2018 perssecl by this Court in t.A.^rl, L of 2018, this Court is of the consider,:d opinion that if the subjec t c : oument is registered, the petitioner sh :11 not alienate further with,t'r1 )re permission of this Court.

It is nllc r clear that the registration of tht: sub rtc t document, pursllant ro th^jnterim order datcd 09.04.2019 pass,rc t1, this Court in I.A. No. 1 <ri ir,l 18, is subject to outcome of the \ .lr. \o.19106 of 20 10, which is nending for orders before the Di'isior.r B,:nch of this Court.

Hou,ever, i". is made clear lhat mere registration o1 tt e document does not r:cr-'f,:r , rny title on the subject property and h is order would not have :rny I r rtring on all those matters where tirk i rights of the parties a.c: I)(::r :ing before the authorities either in I e;ision/appeals for adjudir:ali.: r and in any other case this order a sc would not preclude the p r.ties in asserting their rights before .hr cornpetent Court of l:lu'

1 1. According l,r, this writ petition is disposed of Tlrr re shall be no order as to c(xrt

W.P. tlo.l1577^{of 2O1a}

5

Asa sequel, miscellaneous^{appiications pending' ifany'}

shall stand closed.

S ,^*T';.[dSf;J

/TTRUE^COPY/,

SECTION^OFFICER

To 1. The^Princi pal Secretary' Revenue tate^{of Telang(} StamPs ana^Stateandof gr langantion)^{aatHDePa rtment,yderabad.} tariat,^S

Telang^anaSecre

2.3.4. The ThTwoe^Di Sub CCs^{strict Registrar, Regto G} OUistrar,PFOrl MarredR REV^HYderaENUE pallY,^bad Secund, High^{District, Co} erabad^HYdera urt fo^{itn" bad.Stut"of Telangana at}

,6 5 HvdOneTwo erabad. CCtoS^{CD CoPies} IRI Y.S UDHAKAR,^{Advocate [OPUCI} SA GJP d1L

HIGH COURl

DATED:251Qt212025

ORDER

WP.No.1157'1 o12018

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DISPOSING )F THE W.P

WITHOUT C( )STS.

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