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Jaya Prakash Kolipey v. the State of Telangana and 2 others

Telangana HC11 Jul 2025WP/19107/2019

Case brief

AI extract

What is this about?

Telangana High Court writ petition — refusal to register sale deed dated 29.08.2019; Sub Registrar Bowenpally; Stamps and Registration; interim order 03.09.2019 made absolute; Registration Act 1908; Indian Stamp Act 1899; registration does not confer title; A.P. Land Grabbing (Prohibition) Act 1982; W.P.No.19106 of 2010 dismissed by Division Bench; disposed without costs.

What did the court decide?

Interim order dated 03.09.2019 made absolute — the sale deed dated 29.08.2019 stands received and registered by the Registering Authorities; miscellaneous petitions, if any, stand closed; no order as to costs. ¶31

Jaya Prakash Kolipey 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 Respondent No.3 (Sub Registrar, Bowenpally) in refusing to register the Sale Deed dated 29.08.2019 presented by the petitioner in respect of Plot No.7/8 (300 sq.yds / 250.80 sq.mts), Threemoorthy Weaker Sections Co-operative Housing Society layout, Mahindra Hills, East Marredpally, Secunderabad, was illegal and arbitrary, and whether Respondent Nos. 2 and 3 ought to be directed to receive and register the said deed.

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Court's answer

In view of the submissions of both sides and the dismissal of the State's W.P.No.19106 of 2010, the Court made absolute its interim order dated 03.09.2019 (under which the Registering Authorities were to receive and register the document if compliant with the Registration Act, 1908 and the Indian Stamp Act, 1899) and disposed of the writ petition.

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Key takeaways

Mere registration of the document does not confer title on the subject property; the order shall have no bearing on matters where title rights of the parties are pending before the authorities in revision/appeals for adjudication, and does not preclude the parties from asserting their rights before a competent Court of law.obiter¶32

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (K. Sarath, J.), 11.07.2025 — Writ Petition No. 19107 of 2019 (Jaya Prakash Kolipey v. State of Telangana and others), disposed of without costs. The petitioner, under Article 226, sought a mandamus against the refusal by the Sub Registrar, Bowenpally (Respondent No.3) to register a sale deed dated 29.08.2019 in respect of Plot No.7/8, admeasuring 300 sq.yds (250.80 sq.mts), in the layout of Threemoorthy Weaker Sections Co-operative Housing Society Limited, Mahindra Hills, East Marredpally, Secunderabad. By an interim order of 03.09.2019 the Court had directed the Registering Authorities to receive and register the document if it complied with the Registration Act, 1908 and the Indian Stamp Act, 1899; in pursuance thereof the authorities registered the document. Noting that the Division Bench had dismissed the State Government's connected W.P.No.19106 of 2010 against the order of the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982, the Court made the interim order absolute and disposed of the writ petition, clarifying that mere registration of the document confers no title on the property, does not affect title adjudications pending before authorities in revision/appeal, and does not preclude the parties from asserting their rights before a competent Court.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J urisdiction)

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FRIDAY, THE ELEVENTH DAY OF JULY 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: 19107 OF 2019

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Betwee n:

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Jaya Prakash Kolipey, W/o Steeven Prakash Kolipey, Aged about 45 years, Occ. Home lvlaker, R/o H.No.6-21-3iC, East Point Colony, Visakhapatnam.

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...PETITIONER

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AND

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The State Of Telangana, Rep by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad.

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The District Registrar, Stamps and Assurance, Hyderabad District, Nampally, Hyderabad.

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The Sub Registrar, Bowenpally, Secunderabad.

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...RES'.NDENTS

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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 may be pleased to pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring action of the Respondents more^particularly the Respondent No.3 whlle refusing to register the Sale Deed Dated 29.08.2019 presented by the Petitioner in respect of Plot No.7/8, admeasuring 300 sq.yds or 250.80 sq.mts forming part of Sy.No.74iB, in the layout of Threemoorthy Weaker Sections Co-operative Housing Society Limited, situated at l\ilahindra Hills, East l,4anedpally, Secunderabad as illegal, arbitrary and against the provisions of law and consequently direct the Respondent Nos. 2 and 3 to receive and register the Sale Deed Dated 29.08.2019^presented by the Petitioner^pertaining to the above property thereby to release the same in accordance with law.

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lA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleasedto

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DIRECT the Respondent Nos. 2 and 3 to receive and reg,ister the Sale Deed Dated 29.08.2019 presented by the Petitioner in respect of Plot No. D.7/8, admeasuring 300 sq.yds or 250.80 sq.mts forming part of Sy.No.74l8, in the layout of Threemoorthy Weaker Sections Co-operative Houiing Society Limited, situated at Mahindra Hills, East lvlarredpally, Secunderabao thereby to release the same.

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Counsel for the Petitioner: SRI G.RAJESHWAR REDDY Counsel for the Respondents: Ms. S.SRAVANTHI, AGP FOI?. STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTTCE K.SARATH

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WRIT PETITION No.191O7 OF 2019

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ORDDR:

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Heard learned counsel for the petitioner and Ms.S.Sravanthi, 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 petitioner submits that while ordering Notice Beforc Admission, this Court granted interim order on 03.09.2019 directing the Registering Authorities to receive and register the document presented by the petitioncr, il it is otherwise found to be in compliance with the requirements ol the Registration Act, 1908 and the Indian Stamp Act, 1899.

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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 03.O9.2019, thc Registering Authorities have registered the subject document.

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Learned Counsei for both sides submi:s that the connected rnatter in W.P.No.19106 of 2010 lilerl bv the State Governmcnt against the order in LG(1.No.167 of 1997 passed by the Special Court under tht, A.P. Land wils Grabbing (Prohibition) Act, 1982, Hyclcrabad, dismissed bv the Division Bench of thisi Court on 24.o5.2025.

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In vicw ol the submissions made by botl-r sidcs and in vier.v of tl're dismissal of W.P.No.19106 ,rf 2010 on 28.05.20'25, the interim order passed by ttris Court on 03.09.2019 is made absolute . AccordingL'y, the writ petition is disposed of.

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It is made clear that mere registrzttion of the document does not confer title on the subject property and it is :rlso made clear that this order rl,c,'lld not have any bearing on all those matters where tit1c7 rights of the parties are pending before the authoritjr:s either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in asserting

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their rights before a competent Court of law. There shall be no order as to costs.

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7 Miscellaneous petitions, if any, pending in this writ

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petition shall stand closed.

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SD/- U. SUD S TANT REGI

,TRUE COPY//

CTION OFFICER

To 1. The Principal Secretary, Revenue Department (Sta SA d Registration), Secretariat, Hyderabad, State Of Telangana. 2. The District Registrar, Stamps and Assurance, H yd era District, Nampally, Hyderabad.

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The Sub Registrar, Bowenpally, Secunderabad 4q One CC to SRI G.RAJESHWAR REDDY, Advocate IOPUCI Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State ofTelangana, at Hyderabad. [OUT] 6 Two CD Copies PSK. CJP

HIGH COURT

DATED:1 110712025

ORDER

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WP.No.1910'7 of 2019

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