Umesh Chand Nahar and 3 others Vs The State of Telangana and 2 others

Petition under Article 226 ol lhe Constitution of lndia^{praying that in the} circumstances stated in the affidavit filed therewith, the^{High Courtmaybe} pleased to issue writ, order or direction more particularly in the nature of WRIT OF MANDAMUS to declare the action of the Third Respondent^{in refusing to receive} and register the Sale Deed executed in favor the^{Petitioners,in respect of the} Property bearing Municipal No. 10-3-32/9/3'1, consisting^{of Basement, Ground and} First Floor, constructed on Plot No- 31, in Survey^{No. 7418,situated at East} Marredpally, Secunderabad,^pursuant to G.O-Ms.^{No. 609 Revenue (Registration -} l) Dept., dated^'18-08-2004 as illegal, arbitary^{andagainstthe provisionsof law}

¶20

and declare G.O.Ms. No.609 Revenue (Registration _ l) Dept., dated 1g_08-2004 as illegal, arbitrary and against the provisions of raw or in the arternative direct the First Respondent to de-notify the Lands in so far as Survey No_ 74lg situated at East Marredpally from the impugned G.O.Ms. No. 609 Revenue (Registration _ t) Dept., dated 18-08-2004 and consequenfly direct the Third Respondent to receive and register the Sare Deed executed in favor the petitioners, in respect of the Property bearing Municipal No. 10-3-32lg/3-l , consisting of Basement, Ground and First Floor, constructed on plot No.3 1 tn Survey No. 7418, situated at East tManedpally, Secunderabad.

¶21

Counsel for the^petitioner: SRI NANDURI SRIRAM

¶22

Counsel for the Respondent: MS. S. SRAVANTHI,

¶23

AGP FOR STAMPS AND REGISTRATION

¶24

The Court made the following: ORDER

¶25

--7

¶26

THE HONOURABLE SRI JUSTICE^K.SARATH

¶27

WRIT PETITION No.5321 OF 2O2O

¶28

ORDER:

¶29

Heard learned counsel for the petitioners and Ms.S.Sravanthi, learned Assistant Government^Pleader for Stamps and Registration appearing for the respondents and perused the material on record.

¶30

Learned counsel lor the petitioners submits that at the time of admission, this Court granted interim order on 2O.O4.202O directing the Registering Authorities to receive and register the document presented by tlle petitioners, if it is otherrvise found to be in compliance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.

¶31

Today, when the matter is taken up for hearing, learned counsel for the pe titioners submits that in pursuance to the interim order passed by this Court on 2O.O4.2O2O, the Registering Authorities have registered the subject document.

¶32

2

¶33

SI(, J W.P.No.6327 OF 2O2O

¶34

Learned Counsel for both sides submits that the connected matter in W.P.No. 19106 of 2010 filed by the State Government against the order in LGC.No. 167 of 1997 passed by the Special Court under the A.P. Land was Grabbing (Prohibition) Act, 1982, Hyderabad, dismissed by the Division Bench of this Court on 28.O5.2025.

¶35

In view of the submissions made by both sides and in view of the dismissal of W.P.No.19106 of 2010 on 28.05.2025, the interim order passed by this Court in I.A.No.1 of 2O2O in W.P.No.6321 of 2O2O, dated 2O.O4.2O2O is made absolute. Accordingly. the writ petition is disposed of.

¶36

It is m4de clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order woulcl not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case t this order also does not preclude the parties in asserting

¶37

\ \

¶38

sn, J W.P.No.6327 OF 2O2O

¶39

their rights before a competent Court of law. There^shall

¶40

be no order as to costs

¶41

Miscellaneous Petitions, if any,^pending in this^writ

¶42

petition shall stand closed

¶43

SD/- M.OSMAN ALI BAIG ISTANT REGISTRAR

/ITRUE COPY//

SECTION OFFICER

To,

The Principal Secretary,^{To Government Departm} of Revenue, Stamps and Registration, Secretariat,^{The State of Telan} gana HYDERABAD

¶48

2 The District Registrar of StamP s and^Assurance, Nam pally, HYDERABAD 3 The Sub-Registrar of StamPs^{and Assurance, (Marredpally), Bowenpally,} HYDERABAD.

¶49