Mary Gertrude Vs the State of Telangana

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[³³⁰¹ ]

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

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MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION NO:6448 oF 2026

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Between:

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MARY GERTRUDE Wo Late S_Bonaventure, Aged about 72 vears. Occ Advocate, R/o ptor No sa Vr;t;;ih'i^{'c"i""il"rvr"rii;;,} iliii.. EIli Marredpally, Secunderabad

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..PETITIONER

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AND

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1 THE STATE OF TELANGANA,.Rgp by its principal Secretary, Revenue Department (Stamps and Resiltratro;j, i;;;;i;'i;t, i"yoeraoao

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2 THE DISTRICT REGISTRAR, Stamps and Assurance, Hyderabad District, Nampally, Hyderabad

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3 THE SUB REGISTRAR, Bowenpally Secunderabad.

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..RESPONDENTS

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Petition under Articre 226 0t rhe constitution of rndia praying that in the circumstances stated in the affidavit f iled there;ith, the High 'co-,ii r,^'0" pteased to pass an order..direction or writ more particuLrry oni i""ir'"rill "t wrt of mandamus decraring action of the Respondents more priti"rrrrrv ln" Respondent No 3 whire refusrng to register the RlLase Deed, Dated 26 02.2026 presented by the petitioner in respect of 1/2 share rn House on prot No.g4 consisting of Ground Floor built up area measuring 67g sft of RCC Roof, admeasunng. 238 76 sq yds ollgg.66 sq.mts encircling by a Compound Wall and Gate in Sy.No.7414, in the tayout of Vijayanthi^-iousing Cotony. ,ltrrt"J rt Mahindra Hi,s, East Marredpa[y, secunoerabao cantonment as iflegar, arbitrary and against the provisions.of raw and consequentry direct the n".poiJ"nt r,ro.. z and 3 to. receive and register.the Rerease Deed, dated 26.02.2026 presented by the Petitioner. pertaining to the above property' the reby to rerease the same in accordance with law.

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lA NO: 1 OF 2026

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Petition under section 151 cpc praying that in the circumstances stated rn the affidavit filed in support oJ the peiition, ine Hrgfr Court may O" pLrr"J to DTRECT the Respondent Nos. 2 & 3 to receive and register the Rerease Deed,

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Dated 26 02 2026 presented by the petitioner in respect <t 112 share in House 3i:,,"1|:-l"9n.i*l!_oI^{GroundFtoorbuitt up areameas rrins 679 sft of RCC} Koor. aomeasurrng 238.76. sq yds or^.199.66 sq.mts encrr.t ng iy a Compound Wall andGateinSyNoT4/4,inthetayoutofVijayanthi Horr irigi.l""V, liirrt"O at Mahindra Hirrs, East Marredpary, secunieiabad cr,. ,o,ir.ni t|"r.ov' t" release the same.

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Counsel for the petitioner: SRt G. RAJESHWAR REDDY

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Counsel for the Respondents: Ms. T. SWETCHA,

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ASST. GP FOR STAMPS & F EGISTRATION

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION No.644a oF 2026

2"d MARCH,2026.

Between:

Mary Gertrude

Petitioner

AND

The State of Telangana,

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Rep. by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad and 2 others.

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... Respondents

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ORDER:

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With the consent of both the parties, this Writ petition is taken up for disposal at the admission stage itself.

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Aggrieved by the action of r.espondent No.3 in refusing to register the Release Deed presented by the petitioner in respect of 'Z share in House on plot No.g4 consisting ol ground floor built up area measuring 679 sft. of RCC Roof, admeasuring 238.76 sq. yards (or lgg.66 sq. meters) encircling by a compound wall and gate in Sy.No.74/4, in the layout of Vijayanthi Housing Colony, situated at Mahindra

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2

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Hil1s, East^{Marredpaily, Secund'erabad Cant r nment' the} present Writ^{Petition is filed'}

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Heard Sri^{G.Rajeshu'ar Reddy' learned (ro lnsel for the} petitioner and^{Ms.T.Swetcha, learned AssistantGovernment} PleaderforStampsandRegistration,appea.lngforthe re spondents.

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Learned counsel^{for thepetitionerI rrbmits that} respondent^{No.3 is refusingto receiveand regist:rthe Release} Deed sought^{to be presented by the petitioner i:r respect of the} subject property^{on the ground that the State riovernment is} claiming right^{over the subject property as 'Go} "^{rrnment Land'} in LGC No.167^of1997 '^{Learnedcounself r- rther submits} that the issue^{involved in the present V/ itPetitionis} connected^{u'ith the dismissal order dated 28'-;'2025 passed} by the Division^{Bench of this Court in W'P'No' 91O6 of 20 1O'} rvhich is filed^{by the State Governmentag z insl the order} passed in^{LGC No.167 of 1997 by the Special ( ourl under the} A.P. Land^{Grabbing (Prohibition)Act' lgt2'Hyderabad'} Learned counsel^{further submits thil} in similar circumstances, this^{Court has passed orderc t ted 24 '06 '2025}

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3

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)

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in W.P.No.l7393 of 2025 directing the respondents therein to register the document. Therefore, learned counsel prays this Court to allow the Writ Petition and direct respondent No.3 to register the Release Deed presented by the petitioner.

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5 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 view of dismissal of W.p.No. 19106 of 2010 on 28.O5.2025, the present Writ petition is disposed of directing respondent No.3 to receive, register altd release the document presented by the petitioner in respect of the subject property without reference to LGC No.167 of 1992, however, subject to the petitioner comptying with 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 petitioner, on any other objections, duly assigning the reasons and communicating the same to the petitioner.

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It is mad,e clear^{that mere registration of t he document} does not confer^{title on the subject properq- i nd itis also} made clear^{that this order u'ouldnot have an1' rearing on a1l} thosematterswheretitie/rightsofthepartirlarepending beforetheauthoritieseitherinrevisitl:-tlappealsfor adjudication^{or in any other cases' This order also does not} preclud.e the^{partiesinasserting theirri5 hts beforea} competent Court^{of law.}

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Miscellaneous^{petitions, ifany, pendi.r1 shal1 stand}

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closed. There^{shall be no order as to costs'}

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//TRUE COPY//

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SD/.C. DEEPIKA AS REGTSTRAR :j*", -

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\secttott oFFtcER

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To,