Sanjay Domadia,Hyd Vs Govt.of Ap,Scy,Rev,Hyd,and 2 — Writ and Judicial Review | Telangana HC (2025)

Sanjay Domadia,Hyd Vs Govt.of Ap,Scy,Rev,Hyd,and 2 — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

The interim order dated 26.06.2013 in W.P.M.P.No.22039 of 2013 (directing the Registering Authorities to receive and register the petitioner's sale deed, subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899) was made absolute and the writ petition was disposed of, with the clarification that registration confers no title and does not affect pending title adjudications; there shall be no order as to costs and miscellaneous petitions stand closed.

Issue for consideration

Whether, in view of the submissions of both sides and the dismissal of the connected W.P.No.19106 of 2010 on 28.05.2025, the interim order passed in W.P.M.P.No.22039 of 2013 in W.P.No.18084 of 2013 dated 26.06.2013 (directing the Registering Authorities to receive and register the petitioner's document) should be made absolute. +1 more

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 of this Court on 28.05.2025, the interim order passed by this Court in W.P.M.P.No.22039 of 2013 in W.P.No.18084 of 2013, dated 26.06.2013, is made absolute; accordingly, the writ petition is disposed of.

Key takeaways

It is made clear that mere registration of the document does not confer title on the subject property; the order would not have any bearing on matters where the title/legal position of the parties is pending before the authorities in revision/appeals for adjudication, and it does not preclude the parties in asserting their rights before a competent Court of law.obiter¶34

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), W.P.No.18084 of 2013 — disposed of on 19.06.2025 by Sri Justice K. Sarath. The petitioner (registered pursuant to an interim order) had challenged the 3rd respondent Sub Registrar, Marredpally's refusal to register a sale deed for Plot No. 48, Survey No. 7416, East Marredpally, Secunderabad Cantonment, and contended that G.O.609 dt. 15.08.2004 was not binding on the 3rd respondent. At admission on 26.06.2013 the Court had directed the Registering Authorities (W.P.M.P.No.22039 of 2013) to receive and register the document if compliant with the Registration Act, 1908 and the Indian Stamp Act, 1899, pursuant to which the document stood registered. After counsel for both sides reported that the connected W.P.No.19106 of 2010 (State Government's challenge to the order in LGC.No.167 of 1997 of the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982, Hyderabad) had been dismissed by the Division Bench on 28.05.2025, the Court made the interim order absolute and disposed of the writ petition, clarifying that mere registration of a document does not confer title, that the order has no bearing on matters pending before the authorities in revision/appeal regarding the parties' title, and that the parties remain free to assert their rights before a competent Court of law. No order as to costs; miscellaneous petitions closed.

[3302 ]

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

. -^.-. . .:,-:,' t, -- -''.' ":. ,^, ' : :. . THURSDAY, T,HE^{NiNETEENTHDAY OF JUNE} "',.'^'i . :t'Tl4ro THQUSANq:AND^TWENTY"FlvE

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CE.K.,SARATH.

WRIT PETITION^{NO:180840F 20't3}

Between:

Pravin Chandra^Domadia, aqed about⁴⁶ Years, SanjaY Domadia,^S/o. pJo. 4-4-926 E/5/6, K S l- ane. Sultan Bazar, Occupation: Business, Hyderabad - 500 095.

...PETITIONER

AND

1 Govt. of Andhra Pradesh,^{Rep. by its Secretary, Revenue Department' A P} Secretariat, Hyderabad.

.) District Rqgislrar,^{Hyderabad District, Hyderabad} . Sub Registrar, Marredpally,^Secunderabad

...RESPONDENTS

Petition under Article^{226 of the constitution of lndiaprayingthat in the} circumstances^{stated in the affidavitfiledtherewith,the High Court may be} pleased to issue a writ, order^{or direction more particularly in the nature of writ of} mandamus directing^{the action of 3rd respondentin refusingto registerthe} document and^{registeringthe same in respectof Plot bearing No 48' in Survey} No.7416, admeasuring^{and comprising on an area of 488 88 Sq yards' equivalent} to408.T0sq.mtrssituatedatEastMarredpally,secunderabadCantonment' Secunderabad^{in survey No. 7416 on the grounds mentionedtherein as illegal,} arbitrary,ultraviresandcontrary,totheprovisionsoflawandconsequentlyhold thatG-o.609,dt.lS.08.2o04isnotbindingon3rdrespondent,anddirectthe3rd respondent to^{receive the saledeedand register the same pertainingto Plot} bearing No.48,^{in SurveyNo.7416,admeasuringand comprisingon an area of} 488.88 Sq.^{yards, equivalent to 408.70sq. mtrs situatedat East Marredpally'}

:e€Ez Y

Secunderabad Cantonment, Secunderabad in survey No. 7416 and release the same

l.A. NO: 1 OF 2013(WPMP. NO:22039 0F 2013)

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed 1n support of the petition, the High court mzry be pleased to direct the 3rd Responcient to receive and register the sale deed in respect of plot bearing No.48, in Survey No.7416, admeasuring and comprising on an area of 488.88 Sq. yardr;, equivalent to 408.70 sq. mtrs situated at East A,4arredpally, secunderabad cantonment, secunderabad in survey No. z416 and release the same pending disposal of the writ petition 19106 of 2o1o filecl by the Government

Counsel for the Petitioner: MiS. D. PRAMADA

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

THE HONOURABLE^{SRI JUSTICE K.SARATH}

wnrt PmIflQN tIo.l,EQB4,^q{?9.1,9

oRpES..

for:th-e petitiorrer^arid Heard learned' Qqtrn Assistant^{Government Pleader forrStamp}

Registration^{appearingfor the respondentsand perused} the material^{on record.}

Learned^{counselfor the petitioner submits that at the} time of admission,^{this Court granted interimorder on} 26.06.2{ 13,''^{directing the Registering Authoritiesto} receive arid^{register the document presented by the} petitioner, if it is^{otherwise found to be in compliance} with the requirements^{of the RegistrationAct' 1908' and} the Indian^{StamPAct, 1899'}

Today,^{when the matter is taken up for hearing'} learned counsel^{for the petitioner submits that in} pursuance to the^{interim order passed by this Court on} 26.06.2013, the^{RegisteringAuthorities have registered} the subject document.

2

SK, J W.P.No.18084 of 2013

r! ,j

Learned Counsel for both sides submits that the connected matter in W.p.No.19106 of 2O1O filed by the State Government against the order in LGC.No. 167 of 1997 passed by the Special Court under the A.p. Land Grabbing (Prohibition) Act. lga2, Hyclerabad, was dismisse<l by the Division Bench of this Court on 28.O5.20'25.

In view of the submissions made by both sides ard in view of the dismissa-l of W.p.No. 19106 of 2010 on 28.O5.2Oi1,5, the interim order passed by this Court in W.P.M.P.No.22039 of 2013 in W.p.No.t8084 of 2013, dated26.06.2O13 is made absolute. Accord:ingly, the writ petition is disposed of.

It is made clear that mere registration of the document cloes not confer title on the subject property and it is also made clear that this order wc,uld not have any bearing on all those matters where title,/fig61" of the parties ale pending before the authorities either in revision/appeals for adjudication and in any other case l.this^order also does not preclude the parties in asserting

3

SK, J W-P.No.18O84 of 2O¹³

their rights^{before a competent Court of law' Thereshall}

be no order as to^costs.

Miscellaneous^Petitions,

.'^{petition :shall'Stdnd close{.}

S .S. GOWRI^SHANKAR ISTANT^REGISTRAR

//TRUE^COPY//

SECTION^OFFICER

To, u Department,^A.P. 1 . The^{Secretary'Govt. of Andhra Pradesh,Reve} Secretariat,^HYderabad

2 District Registr^{ar, Hydera bad District, HYderabad'} 3 Sub^{Registrar,lVlarredpallY,Secunderabad} 4( One CCIWC UU to^s to^{M/s. GP D for PramadaStam} pp^, and Registrations^{AdvocateIOPUCI} lligh Court for^{the Stateof} Telanga^{na, at Hyderabad} {o

6 Two CD^GoPies

TJ GJP N/

HIGH COURT

DATED:1910612025

ORDER

WP.No.18084 of 2013

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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