Pallaty Nagamani, Vs the State of Telangana

PALLATY NAGAMANI, Wo Late P.Laxmi^{Narayana,Aged about77 yearc,} Occ. Household, Fl/o H.No.7-441A-4211, Street^{No.3, BapujiNagar' HMT,} Nacharam, Medchal-Malkajgiri District.

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KARLI JYOTHI, Wo Karli Srinivasulu, D/o Late^{P.Laxmi Narayana,Aged} about 61^years, Occ. Housewife,^Rl/o H.No.2-19-7919,^{East Kalyanpuri,Uppal,} lvled cha l-Malkajgi ri District.

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PALLATI CHAYA, D/o Late P.Laxmi Narayana,^{Aged about58 years,Occ.} Employee, Rl/o H.No.7-441A-4211, Street No.3,^{Bapuji Nagar,HMT'} Nacharam, Medchal-Malkajgiri District.

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PALLATI VENKAT SAI PRASAD, S/o Late P.Laxmi^{Narayana, Aged about56} years, Occ. Business, R/o H.No.7-44lA-42l1 , Skeet No.3, Bapuji Nagar, HMT, Nacharam, lvledchal-Malkajgiri District.

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P.CHANDRA SEKHAR, S/o Late P.Laxmi Narayana,^{Aged about54 years,} Occ. Business, H.No.7-441A-421 1, Street No.3, Bapuji^{Nagar, HMT,} Nacharam, lt/edchal-Malkajgiri District.

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PALLATI UTTAM KUMAR, S/o Late P.Laxmi^{Narayana, Aged about52 years,} Occ, Business, H.No.7-441A-4211, Street No.3,^{Bapuji Nagar, HMT'} Nacharam, Medchal-Malkajgiri District.

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P.R.BHAVANI, W/o V.Venu Gopal, D/o Late P.Laxmi^{Narayana,Aged about} 49 years, Occ. Housewife, H.No.7-44lA-42l1,^{Street No.3, BapujiNagar,} HMT, Nacharam, Medchal-Malkajgiri District.

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...PETITIONERS

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AND

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THE STATE OF TELANGANA, Rep^{by its Principal Secretary, Revenue} Department (Stamps & Registration), Secretariat,^Hyderabad.

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THE DISTRICT REGISTRAR, Stamps and^{Assurance, HyderabadDistrict,} Nampally, Hyderabad.

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THE SUB REGISTRAR, Bowenpally, Secunderabad.

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.,.RESPONDENTS

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Petition under Article 226 of the Constitution of lnc i praying that in the circumstances stated in the affidavit filed therewith, the ligh 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 r rore particularly the Respondent No.3 whrle refusing to register the Simple lV( lgage Deed, Dated 23.01 .2026 presented by the Petitioners in respect of Mor⁽ age Area o'f 10o/o of the total built up area admeasuring 28.00 Sq.Mtrs, or 33.!^/ Sq.yards which is equivalent to 305 Sft., on Ground Floor of the building on l) rrt of Open PloVPlot bearing No.112, in Survey Nos. 7413, Ravi CHS, GLR Sy l'1.396, admeasuring 227 .50 Sq.yards or equivalent to 190.00 Sq.Meters, Situatecl lt Ravi Co-operative Housing Society Ltd., Mahendra Hills, East Marred r rlly, Secunderabad Cantonment as illegal, arbitrary and against the prov sions of law and consequently direct the Respondent Nos. 2 & 3 to receive arr register the Simple Mortgage Deed, Dated 23.01 .2026 presented by the Petitio r )rs pertaining to the above property thereby to release the same in accordance wi r law.

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lA NO: 1 OF 2026

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Petition unde. Section 151 CPC praying that in the circ rmstances stated in the affidavit filed in support of the petition, the High Couri nay be pleased to DIRECT the Respondent Nos.2 and 3 to receive and r:gister the Simple Mortgage Deed, Dated 23.01 .2026 presented by the Peti i ners in respect of Mortgage Area of 10o/o of the total built up area admeasurir t 28.00 Sq.Mtrs, or 33.97 Sq.yards which is equivalent to 305 Sft., on Ground Flr) r of the building on Part of Open PloUPlot bearing No.1 12, in Survey Nos. 7z.r i, Ravi CHS, GLR Sy.No.396, admeasuring 227.5O Sq.yatds or equivalent kr 190.00 Sq.Meters, Situated at Ravi Co-operative Housing Society Ltd., Me rendra Hills, East Marredpally, Secunderabad Cantonment thereby to release tlr, same.

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Counsel for the Petitioners: SRI G.RAJESHWAR REDDY

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Counsel for the Respondents: GP FOR STAMPS & REGISTII \TION The Court made the following: ORDER

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IN THE HIGH COURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD

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THE HON'BLE SRI JUSTICE^PULLA KARTHIK

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WRIT PETITION No.35C3^OF 2026

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osth FEBRUARY,2026.

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Between:

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Pallaty Nagamali and 6 others.

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...Petitioners

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue Department^(Stamps &^{Registration),} Secretariat, Hyderabad ald^{2 others.}

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Re spondents

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ORDER:

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With the consent of both the^{parties,this Writ Petitionis}

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taken up for disposal at the^{admission stage itself}

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Aggrieved by the action of^{respondentNo.3 in refusing} to register the Simple^{Mortgage Deeddated 23 .Ol .2026} presented by the petitioners in^{respect of the mortgaged area,} being 10% of the^{tota-t built-up area, admeasuring 28'00} squa-re meters^(33.97 square^{yards), equivalent to 305 square} feet, situated on the ground^{floor of the building constructed} on part of open plot bearing^{No.112 inSy.No.74/3,GLR}

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F

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2

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Sy.No 396, admeasuring 22Z.SO square -r^{r rds (190.00} square meters), situated at Ravi Co-operatir r Housir-rg Societv I-imited, Mahendra Hills, East Marredp i [v, Secu ndet-abad Caltonrncni the present Writ petition is lil d.

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3' Heard Sri G.Rajeshrvar Reddy, rearri d counser for the petitioners ald rearned Government plezrrr, r for Stamps ald Registration for the respondents.

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Learned counsel for the petitionr: s submits that respondent No.3 is refusing to receive and - gister the simple mortgage deed sought to be presented b,v,_re petitioners in respect of the subject property on the grolr d that the state Government is ciaiming right over the sut ect property as 'Government Land, in I.CC No. 16Z of 1992. ,earned counsel further submits that the issue involved in t re present Writ Petition rs connected rvith the dismiss e order dated 28.05.2025 passed by the Division Bench c^' this Court in W.P.No.19106 of 2OtO, u.hich is filed tr_v the State Government against the order passed in LGC 1o.767 of t99T by the Special Court under the A.p - rrd Grabbing (Prohibition) Act, 1982, Hyderabad Learned t ;unsel further

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.,

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submlts that in similar circumstances, this Court has passed order dated 24.06.2025 in W.P.No.17393 of 2025 directing the respondents therein to register the document. Therefore, Iearned counsel prays this Court to allow the Writ Petition and direct respondent No.3 to register the simple mortgage deed presented by the petitioners

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The above made submission is not seriously disputed by the learned Government Pleader appearing for the respondents

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Having regard to the above made submissions, particularly, in viern, of dismissal ol W.P.No.191O6 of 2010 on 28.05.2025, the present Writ Petition is disposed of directing respondent No.3 to receive, register and release the document presented by' the petitioners in respect of the subject propert) rvithout reference to LGC No.167 of 1997, however, subject^to the petitioners complying rvith the^provisions of the^Indian Registration Act, 1908, and the Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse the document presented by the petitioners, on any other

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4

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objections. duly' assigning the reasons an. communicating the same t o the petitioners.

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it i:; made clear that mere registration rf the document does not confer titlc c,r the subject propel I , and it is also made clear that this order r.r,ould not have ar y bearing on a1l those matters ,,vhere ritle/rights of the p:u t es are pending before the authorities either in revisi, n/ appszl5 for adjudicatron or in any other cases. This orrl r also does not prech-rde the parties in asserting their r ghts before a competen, Court of law.

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Miscellarneous petitions, if ar-rv, pendi g shall stand closed- Ttrere shall be no order as to costs.

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//TRUE COPY//

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SD/-C. DEEPIKA ASS STANTREGISTRAR t' ,,,.,/ \J,

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SECTION OFFICER

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