Bonila Paul Chitharanjan Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Bonila Paul Chitharanjan Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

The interim order of 05.07.2019 in I.A.No.1 of 2019 (directing the Registering Authorities to receive and register the presented sale deed if compliant with the Registration Act, 1908 and the Indian Stamp Act, 1899) was made absolute; the writ petition was disposed of without costs and pending miscellaneous petitions were closed.

Issue for consideration

Whether the refusal by the Third Respondent (Sub-Registrar) to receive and register the petitioners' Sale Deed for Plot Nos.190 and 191 (250 square yards), pursuant to G.O.Ms.No.609 Revenue (Registration-I) Dept. dated 18-08-2004, was illegal and arbitrary, warranting declaration of the G.O. as illegal or de-notification of the land and registration of the deed. (Framed from the petitioners' prayer; the Court disposed of the matter without adjudicating this issue on the merits.)

Court's answer

In view of the submissions made by both sides and in view of the dismissal of the connected W.P.No.19106 of 2010 by the Division Bench on 28.05.2025, the Court made absolute the interim order passed on 05.07.2019 in I.A.No.1 of 2019 in WP No.13662 of 2019 and accordingly disposed of the writ petition.

Ratio / Principle

There shall be no order as to costs.

Key takeaways

Clarification: mere registration of the document does not confer title on the subject property.obiter¶35
Clarification: the disposal would not have any bearing on matters where title/rights of the parties are pending before the authorities in revision/appeals or other adjudication.obiter¶35
Clarification: the order does not preclude the parties from asserting their rights before a competent Court of law.obiter

Detailed headnote1 paragraphs

Telangana High Court (Special Original Jurisdiction), single member bench (Justice K. Sarath), 24-06-2025: disposed of WP No.13662 of 2019 filed (2019) by Bonila Paul Chitharanjan (65) and Bonila James (64), sons of Sri B.M. Jones, seeking registration of a sale deed relating to Plot Nos.190 and 191, admeasuring 250 square yards, East Marredpally, Secunderabad, whose presentation had been refused pursuant to G.O.Ms.No.609 Revenue (Registration-I) Dept. dated 18-08-2004. Counsel submitted that pursuant to the interim order of 05.07.2019 in I.A.No.1 of 2019 the Registering Authorities had registered the document, and that the connected W.P.No.19106 of 2010 filed by the State Government against the order in LGC.No. 16T of 1997 (Special Court under the A.P. Land Grabbing (Prohibition) Act) had been dismissed by the Division Bench on 28.05.2025; the Court accordingly made the interim order absolute and disposed of the petition. Caveats recorded: mere registration confers no title; the disposal bears nothing on pending title/right adjudications; parties are not precluded from asserting their rights before a competent court. No order as to costs; pending miscellaneous petitions closed. No precedent cited; no quantum involved.

[³³⁰²¹

\

HIGH COURT^{FOR THE STATE OF TELANGANA} , ATHYDERABAD (SPecial Original^{Jurisdiction)}

TUESDAY,^{THETWENWFOURTH DAY OF JUNE} TWO THOUSAND^{AND TWENTY FIVE}

PRESENT

THE HONOURABLE^{SRI JUSTICE K. SARATH}

WRIT PETI^{TIONNO:13 662 0F 2019}

Between:

Bonila Paul^{Chitharanjan, Son of Sri B M'. Jone-s:^ageq65 years' Resident of} '' i6-i-iirctn, eiit tt'tar'reo'pallv, sec-und-erabad- 500 026'

Bonila James^{Prithvirajanl s6ir oi Sri B M Jonql-ageQ 64 years' Resirlentof} '' "1o.i;iii6i[, eaii r'lirieopaily, Secunderabad -500 026 ...pElloNERS

AND

ioal Secretary, To^{Government Department}

1 . State of Telangana,^{ReP. bY Princ} iion secretaiiat. HYDERABAD.

or Revenue, SIamPs^{and Registra} nd Atturrn"",^{NamPallY,HYDERABAD'}

1. The District^{Registrar of Stampsa} AisJrance^{(lVarredpally)' Bowenpally,}

1. rne suo-Regislrar^{of StamPs and} HYDERABAD

...RESPONDENTS

Petition under^{Article 226 of lhe Constitution of lndiapraying that in the} circumstances^{stated in the affidavitfiledtherewith'the High Court may be} pleased to issue writ, order^{or direction more particularly in the nature of WRIT OF} MANDAMUStodeclaretheactionoftheThirdRespondentinrefusingtoreceive andregistertheSaleDeedexecutedbythePetitioners,inrespectoftheproperty bearing Plot^{Nos.190 and 191 . admeasuring 250 Square Yards'in SurveyM'} 74.11O, East Marredpally,^{Secunderabad' pursuant to G.O trils No 6o9Revenue} (Registration 1) Dept.,^{dated18-08-2004as illegal' arbitraryand againstthe} provisions of law and declare^{G.O.Ms.No.609 Revenue (Registrationl) Dept''} dated 18-08-20O4^{as illegal, arbitrary and against the provisionsof law or in the} alternative direct^{the First Respondentto de-notity the Landsin so far as survey} No- 7419 situated at^{East Marredpallyfrom the impugnedG O Ms' No 609} Revenue^{(Registration -l) Dept., dated18-08-2004and consequently directthe} Third Respondent to receive^{and registerSale Deedexecuted by the Petitioners'}

I i I I 6 I : i ! i

rn respect of the property bearing plot Nos. 190 and 191 , admeasu ring, 250 Square Yards. in Survey NO. 74110, Fast Manedpally, Secunderabad.

IA NO :1OF 2019

Petition under Section 1Sl CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to receive' register and rerease the Sare Deed executed by the petitioners herein, in respect of the prope(y bearing plot Nos. 190 and 191, admeasuring 250 Square Yards, in Survey No. 74110, East Marredpally, Secunderabad pending disposal of the present Writ petition.

3#ff :i[3Ilff [::ff t;r"i:,1134[BHt,T^m%REG'srRA'oN

The Court made the following: ORDER

THE^{HONOURABLESRI JUSTICE K'SARATIT} oNNo^{.13662 0F2019} WRIT

ORDER:

Heardlearnedcounselforthepetitionersandlearned Assistant^{GovernmentPleader forStampsand} for the^{respondents and perused} Registration "Or"l't* the material^{on record'}

kamed^{counsel for the petitioners submits that at} thetimeofadmission,thisCourtgrantedinterimorders on 05.07.2019^{in l'A'No 'lof 2Ol9 in WP No'13662 of} 2019 directing^{tJre Registering Authorities to receiveand} register^{the documentpresentedby the petitioners' if it is} otherwise^{found to be incompliancewiththe} Act,^{1908 and the} requirements^{of the Registratron} Indian^{StamP Act, 1899'}

Today,^{when the matter is taken up for hearing'} learned^{counsel for the petitioners submits that rn} pursuance^{to the interimorderpassed by this Courton}

2

sI(. ., Vt.P.No. tO662 of 2O'tg

O5.O7.2O19 the Registering Authorities have registered the subject document.

Learned Counsel for both sides suhmits that the connected matter in W.p.No. 19106 of 2OIO frled by the State Government against the order in LGC.No. 16T of 1997 passed by the Specia.l Court under the A.p. Land Grabbing (prohibition) Act, 7gg2, Hyderabad, was dismissed by the Division Bench of this Court on 28.Os.2025.

In view of the submissions made by both sides and in view of the dismissa-l of W.p.No.191O6 of 2O1O on 28.05.2025, the interim order passed by this Court on O5.O7.2Ot9 in I.A.No. t of 2OL9 in Wp No.13662 of 2Ot9 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 ard it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties are pending before the auttrorities either in

3

SK, J W.P.No.73662^{oJ 2O19}

revision/appeals for^{adjudication and in any othercase} this order also^{does not precludethe parties in asserting} their rights before^{a competentCourt of law' Thereshall}

be no order^as to^costs.

Miscellaneous^{Petitions, if any, pendingin this writ}

petition shall stand closed.

SD/- A.JAYASREE ISiANT^REGISTRAR

/TTRUE^COPY//

SECTION^{OFf tCER}

To 1 The^{PrirrciPal Secretary'ToGovemment DePartment or Revenue,StamPS} and Registration'^{Secretariat, State of Telanga na, HYderabad}

2 The Dislrict^{Registrar of StamP s andAssurance, Nampally, HYderabad} J The Sub-Registra^{r of StamPs and Assu rance (Marred PaHy),BowenpallY,}

4( FffiHlYfs?ER'3[hcou^ror'1hes'ia'[e fii:ff i"-":tffi'"'ff

Two^{CD Copies}

PSK

T

o

{

HIGH COURT

DATED:2410612025

ORDER

WP.No.13662 of 2019

c Iii r4
o
$
I t.) I
OX SEP zffi I
;..,,!
_+,y'.,/
- a).
.. ..;

DISPOSING OF THE WRIT PETITION WITHOUT COSTS