V. Venu Gopal Rao, Son of v. Alwar Swamy, Vs State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly in the nature of WRIT OF TVANDAMUS to declare the action of the Third Respondent in refusing to receive and register the sale Deed executed by the First petitioner in favor of the Second Petitioner, in respect of Plot No. 4, admeasuring 188.80 Square yards, in Survey No. 7313 (part), situated at Ravi Co-operative Housing Society, East Marredpally, Secunderabad Cantonment, pursuant to G.O.Ms. No. 60g Revenue (Registration - l) Dept., dated^'18-08-2004 as illegal, arbitrary and against the provisions of law and declare G.O.Ms. No. 609 Revenue (Registration - I) Dept., dated 18-08-2004 as illegal, arbitrary and against the provisions of law or in the alternative direct the First Respondent to de-notify the Lands in so far as Survey

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No. 7413 situated a East Marredpally from the impugned G.C.Ms. No. 609 Revenue (Registratio 1 - l) Dept., dated 18-08-2004.

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l.A. NO: 1 OF 201S(WPMP. NO: 20440 OF 20151

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Petition under iection 1 51 CPC praying that in the circumst;,nces stated in the affidavit filed in :;r.rpport of the petition, the High Court may be pleased to direct the 3rd respon,lent to receive and register the Sale Deed e;,lecuted by the 1st petitioner in favor of the 2nd petitioner, in respect of Plot No. 4, admeasuring 188.80 square yards in Survey No. 7413 @an), situated at Rav Co-operative Housing Society, Eas: lt/arredpally, Secunderabad Cantonment, pe rding disposal of the W.P.

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Counsel for the Petitioner : SRI N.KAMARAJU

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Counsel for the Respondents: ASST. GP FOR STAMPS & REGISTRATION The Court made the following: ORDER

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THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.1 5702 of 2015

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ORDER

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Heard learned counsel for the petitioners and [earned Assistant Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposat.

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lt is the case of the petitioners that the Registering Authority has refused to register the subject document on the ground that the State Government is claiming the subject property as^.Government [and'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 fited.

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This Court granted interim order on 05.06.20'15, directing the Registering Authority to receive and process the subject document, 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 counsel for the petitioners submits ihat in pursuance to the interim

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order^passed by^{this Court on 05.06.20'15, the Registering Authority} have registered^I he subject^{document and furthersubmitst hat in view} of interim order^{passed by this court no further ordersare requiredin} this Writ^petition,

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Learned A,ssistant Government^{Pteader for Stampsand} Registration woutd submit^{that the subject matterin this v rit petition} is squarety covet.ed^{by the order passed by this Court in WP No'11653} of 2013, dated^{23.07.2024, and the retevant paragrapt's reads as} under:

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"6. Learnetd Assistdnt^{GovernmentPleoder} for^{Stan ps ond} Registratian would submit^{thot counter offidovit has bezn filed} on behotf tl' respondent^No.2i.e. ,^{DistrictCollector, Hycerabad,} and the Po'ograph^No.8reodsas:

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'tt i:; submitted thot^{o comprehensivelond case u'as} filed by the then Mandal^{RevenueOfficer, llorredpallyogainst} the (7) Societies and as^{well as some of individ'Lalplot} owners of Sy.No.74 of^{tvlaredpally (Paigoh) viilagein} L.G.C, No.167t97 in the^{Spl.Courtunder L.G(P)Art' 1982'} The |hon'bte Spl.Court,^{underA.P-L.G.(P) Actd'smissed} the LGC No.167/97 on^{18'03-2010.Aggrievedby the same'} the then lvlR?, ltarredpally^Mandal f^il,tdWP No.^1910612010, before^{the Hon'ble High Courtmd the} some is pending. The Hon'ble^{Spl.Court dismissedthe LGC} on erroneous^{grounds without properly apprecia:ingthe} evic'ence of Govt. and as^{such writ petitionhos bt'en} filed chotlenging the same.^{Thus theLGC} iudgment^hosnot become final. Further submitted^{thot the l'tigotion} between the^porties and the^{Govt.has not reached to its} logi.,zl end. lJnder such circumstances it^{con'tbe said} thor Govt. hove lost its cloim. As^such the^int,?restof Govt. still subsists. ln view of the^{above the interest of}

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Govt. thot subsists in .th.e subject lond wilt be jeopordized if this W.p. is ouowed. Henci it i, ti"oti'iii'dismisrot.,

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Learned Assistont Government pleoder would submit thot subject matter wos eorlier odjudicoted by the Spl.Court under A.P.L.G.(P) Act, 1982, vide LGC No.167 of 1997, however the said LGC No.t67 of 1997 has been dismissed on 18.03.2010. Aggrieved the same, the l(ondol Revenue Officer, Marredpaily Mondar, fired wp No.19106 0f 2010 before this court ond the Hon'ble Division Bench hos heord ond reserved for orders.

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Leorned Assistant Government pleoder would further submit thot many porties have fited writ petitions on the similar issue and obtoined interim order ond thereafter the respondent outhorities have received, registered ond releasetd the documents therein, however fairly submits thot in most of the coses, the respondent outhorities have not filed counter_ offidovit and the counter_offidavit filed in this writ petition may be odopted in ott these similor pending writ petitions, as the issue involved in all the pending writ petitions is one and the same and proy this Court to dispose of alt the pending writ petitions, granting tiberty to ou the concerned porties to seek oppropriote remedy, subject to the outcome of the order which would be pass in Wp No. t9t06 of 2010.

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9' Recording the submission mode by the reorned counser on either side ond in view of the foct thot the subject document is registered in pursuant to the interim order, this court deems it oppropriote to disposed of the writ petition gronting tiberty to both the parties to seek appropriote remedy, in accordonce with law, 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 petitioners fairty submits that simitar order may be pass in this writ petition.

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Recordinr; the above submission made by learnec counsel on either side and in terms oforder passed by this court in rvp No.ii653 of 2013 dated 23.07.2024, this writ petition is disposed of granting tiberty to both the parties to seek appropriate remedy r.n accordance with taw, subje,:t to the outcome of the order wh.ich would be passed in WP No.19106 ctf 2010, if so otherwise aggrieved.

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lt is made r:tear that mere registration of the documr,nt does not confer titte on the subject property and it is atso made cte,ar that this order woutd nrlr- have any bearing on att those mat.:ers where titte/rights of tl-er parties are pending before the authoritirls either in revision/appeats^ror adjudication and in any other case thi:; order atso does not prectude the parties in asserting their rightl before a competent Court ,:f [aw.

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