Disposed¶38

Ramesh Kenche, v. The State of Telangana

Telangana HC13 Jun 2025WP/16002/2018

Case brief

AI extract

What is this about?

Registration of sale deed refused by Sub-Registrar — writ of mandamus under Article 226 — interim order under Section 151 CPC made absolute — registration does not confer title — Krupadeep Apartments, East Marredpally, Secunderabad — Registration Act 1908 — Indian Stamp Act 1899 — connected W.P.No. 19106 of 2010 re O.G.C.No. 167 of 1997 under A.P. Land Grabbing (Prohibition) Act 1982 dismissed by Division Bench — writ petition disposed of without costs — High Court for the State of Telangana.

What did the court decide?

Interim order dated 30.04.2018 in I.A.No.1 of 2018 made absolute (the subject documents having already been registered pursuant to it); writ petition disposed of; no order as to costs; miscellaneous petitions, if any, stand closed. ¶38

Ramesh Kenche, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of the 3rd respondent (Sub-Registrar, Boinpally) in not registering the petitioners' sale deeds in respect of Flat Nos. 3-C, 2-C and 2-D in Krupadeep Apartments, Secunderabad, was illegal, arbitrary and unconstitutional, warranting a writ of mandamus directing the Sub-Registrar to receive, register and release the documents.

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Court's answer

In view of the submissions made by both sides and the dismissal of W.P.No. 19106 of 2010 by the Division Bench, the interim order dated 30.04.2018 passed in I.A.No.1 of 2018 in W.P.No. 16002 of 2018 is made absolute, and accordingly the writ petition is disposed of.

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Key takeaways

It is made clear that mere registration of the document does not confer title on the subject property; the order shall not have any bearing on matters where the 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 of law.obiter¶39

Detailed headnote1 paragraphs

Telangana High Court (K. Sarath, J.) disposed of Writ Petition No. 16002 of 2018 filed by purchasers of Flat Nos. 3-C, 2-C and 2-D in Krupadeep Apartments, East Marredpally, Secunderabad, challenging the Sub-Registrar, Boinpally's refusal to register their sale deeds and seeking a writ of mandamus under Article 226. At admission, an interim order dated 30.04.2018 in I.A.No.1 of 2018 (filed under Section 151 CPC) directed the Registering Authorities to receive and register the documents if otherwise compliant with the Registration Act, 1908 and the Indian Stamp Act, 1899; the authorities registered the documents in pursuance thereof. Both sides submitted that the State's connected W.P.No. 19106 of 2010, challenging the order in O.G.C.No. 167 of 1997 of the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982, had been dismissed by the Division Bench. Making the interim order absolute, the Court disposed of the writ petition, clarifying that mere registration does not confer title and does not preclude the parties from asserting their rights before a competent court or in pending revision/appeals. No costs.

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[³³⁰²¹

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

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FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 16002 OF 2018

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Between:

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'l . Ramesh Kenche, S/o. Kenche Basavalingarn, Aged about 48 years, Occ. Business, Rl/o. Flat No. 3C, Krupadeep Apartments, Road No.6,^TIvIC Colony, East marredpally, Secunderabad - 026

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Smt. G. lndumathi, W/o. S. Gopal Krishna, Aged about 59^years, Occ. House wife, Rl/o. FIat No.2C, Krupadeep Apartments, Road No. 6, TMC Colony, East [,4arredpally, Secunderabad - 026.

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Tejesvi Avulla, D/o. Avulla Jaidev, Aged about 28, Rli o. Plot No. 24, Road^No. 5, Beside Andhra Bank Lane, TIVIC Colony, ltrlahindra Hills, East Marredpaily, Secunderabad - 026.

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.....PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue^{(Stamp and} Registration) Department, Secretariat, Hyderabad.

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The District Registrar, Hyderabad District, Hyderabad.

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The Sub-Registrar, Boinpally, Secunderabad-

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.....RESPONDENTS

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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 Court^maybe pleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not^{registerlngthe} petitioners sale deed in respect of Flat Nos. 3-C,2-C and 2-D with respective extents in all floors admeasuring from 875 Sq. feet to 1100 Sq. Feet^{as per the} Agreement in Krupadeep Apartments bearing Door^No. SCB^- 5-20-467,^situated at PIot No. 132, 138 and^'1 39 in Sy.No.7417,^{lvlahendra Hills, EastMarredpally,} Secunderabad as illegal. arbitrary and unconstitutiona^{I and consequentlydirect}

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r.!

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--:.?

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the 3rd respondent to^{Receive, Register and Releasetl- e documentsto be} presented by the petitioners for registration of their^{respe: ti"e FIatsNos. 3-C, 2-} C, and 2-D with respective^{extentsin all floors of Krupad:r: I Apartment situated} at Plot No. 132, 138^{and 139 in Sy. No.7417} ,^{ltAahendralirls, East l,4arredpally,} Secunderabad.

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|.A.NO:1 OF 2018

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Petition Under Section 151 CPC^{praying that in the r rlumstancesstated in} the affidavit filed in support^{of the petition, the High Cc'rr may be pleased to} direct the 3rd respondent to Receive,^{Register and Releai'othe documents to be} presented by the petitioners for registration of their^{respc:t ve Flat bearing Nos.} 3-C, 2-C, 86 2-D with respective extents^{in all floors oh rupadeep Apartment} bearing Door No. SCB: 5-20-467,^{admeasuringfrom 87r: 5;q. Feet to 1100 Sq.} Feet as per sale deeds situated at Plot^{No. 132,138 ,: 139 in Sy. No7417'} Mahendra Hills, East IVlarredpally, Secunderabad,^{pendrg disposalof the writ} petition.

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Counsel forthe Petitioner : SRI MOHD^{MUJAHIDURRAHIflAN}

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Counsel for the Respondents : GP FOR REVENUE

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The Court made the following ORDER

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-l>

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.16O02 of 2O18

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ORDER:

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record

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Learned counsel for the petitioners submits that at the time of admission, this Court granted interim order on 30.04.2018, directing the Registering Authorities to receive and register the document presented by the petitioners if it is otherwise found to be in compliance with the requirements of the Registration Act, 1908, and the Indial Stamp Act, 1899.

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Today, when the matter is taken up for hearing, learned counsel for the petitioners submits that in pursuance to the interim order passed by this Court on 30.04.2018, the Registering Authorities have registered,.- the subject document.

.^{SK, J} Vt P No.76OO2 of 2O1E

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Learned Counsel for both sides sr_t lnits that the connected matter in W.P.No. 19106 of 2( ll filed by the State Government against the order in .-GC.No. L67 of 1997 passed by the Special Court under .he A.p. Land Grabbing (Prohibition) Act, 1982, H,cerabad, was dismissed by the Division Bench of .t is Court on 24.o5.2025.

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In view of the submissions made by b.^-_.r sides and in view of l-he dismissal of W.p.No. 1910r r of 201O on 28.05.2025, the interim order passed b-, this Court in I.A.No.1 of 2018 in W.p.No.16002 ot 2OI8, dated 3O.04.2O18 is made absolute. Accord r-rgly, the writ petition is disposed of.

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It is made clea-r that mere regis i r ltion of the document does not confer title on the sr rlrject property and it is also made clear that this order r,rruld not have any bearing on all those matters where ti1 lr:/rights of the parties are pending before the author r.ies either in revisiggr/appeals for adjudication and in rrLv other case this order also does not preclude the parti .:r; in asserting

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SK, J w,P.No.76002 ol 20lA

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-;-- =:=x: I

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their rights before a competent Court of law. There shall

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be no order as to costs.

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