Syed Sohail Vs State of Telanganasta

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[³³⁰¹ ]

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

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MONDAY, THE NINTH 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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i[TilII NO: 7{23 OF TIiDI3,

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1 Syed Sohail, S/o. Syed Yakub, Aged about 51^{years, Occ Business,residing} a[ Plot No. 1328, Road No.¹ , Dhanalaxmi Colony,^{MahendraHills,} Secunderabad, Hyderabad - 500026, Telangana^State.

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2 Mrs. Sayeda Hoorbanu, W/o. Syed Sohail, Aged about^{48 years, Occ} Housewiie Both are residing at Plot No.^I 3718, Road^No.1 ,^Dhanalaxmi Colony, Mahendra Hills, Secunderabad,^{Hyderabad - 500026,Telangana} State

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3 Munni Agarwal, Wo. Neeraj Kamal Agarwal, Aged^{about 43 years,Occ} Private Employee, Rl/o. H. No. 10-4-4'/461, Addagutta,^{EastMarredpally'} Secunderabad, Hyderabad - 500026, Telangana^State.

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NNl,

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1 . State of T by Secretary, Revenue Department, Secretariat,

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District Registrar, Hyderabad District,^Hyderabad

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Sub Registrar, Bowenpally, Secunderabad

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Petition under Article 226 of the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit filed therewith,^{the High Court maybe} pleased to issue a writ, order or direction more^{particularly in the natureof writ of} mandamus declaring the action of the 3^{respondent in} .not^{registeringthe} petitioners Sale Deed document in respect of the Property bearing^Residential i{ouse on^plot No. l3T lBtGFtFF, consisting^{of Ground andFirst Floor,total Plinth} arca 1731 sq. feet, together^{with1/3rd undivided share o land 111.5 Sq' yards or} 93.21 Sq.meiers., in the land^{right,constructed on Plot N 137, in SurveyNo74l7,} of Dhanalaxmi co-operative^{Housingsociety Ltd,situate at MahendraHills,East} t,taireopatty, secunderabad,^{by declaring G.o.M.S.No.609dated 18/08/2004as} iif"g"l,^-"tdiit"ry, unconstitutional^{and violativeof Article14 an 21 of the} CoiJtitrtion of [he^{tndia and againstthe provisions of law andconsequent) direct} tf," irJ-i""pondent^{to register-the Sale beed pertaining to the Propertybearing}

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Residential l{ouse on Plot No. 137lBlGFlFF, consisting of Ground and First Floor, total Plinth area 1731 sq. feet, together with 1/3rd undivided share of land 111.5 Sq. yerrds or 93.21 Sq.meters, ih the land right, constructed on Plot No. 137, in Survr: No74l7, of Dhanalaxmi Co-operative Housing Society Ltd, situated at Mahendra, Hills, East Marredpally, Secunderabad and release the same.

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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 pleased to direct the -zrd Respondent to receive and register the Sale Deed document presented in respect of the property bearing Residential House on Plot No. l3TlBlGFlFl=, consisting of Ground and First Floor, total Plinth area^'1731 sq. feet, together with 1/3rd undivided share of land^'l 11.5 Sq. yards or 93.21 Sq.meters., in the land right, constructed on Plot No. 137, in Survey No 7417, of Dhanalaxmi Co-operative Housing Society Ltd, situated at Mahendra Hills, East Marredpally, Secunderabad, and release the same pending disposal of the writ petition.

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Counsel for the Petitioners: Mrs. D. PRAITADA

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Counsel for the Respondents: Ms. S. SRAVANTHI, ASST. GP FOR STAMPS & REG]STRATION

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The Court made the following: ORDER

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IN THE HIGH COURT F'OR T{TITATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

No.7 23 oF2

grlr IIIARCIJ.,2c,26

Between:

Syed Sohail and (2) others.

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...Petitioners

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AND

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State of Telangana, Revenue lep.^{by its} Department,^{principalSecretary,} -- J ' Secretariat buildings, Hyderabad, and (2) others

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ORDER:

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Respondents

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with the consent of both the parties, this writ petition is taken up for disposal at the admission stage itself. 2' Aggrieved by the action of respondent No.3 in refusing to register the sare Deed presented by the petitioners in respect of the property bearing residentiar House on p10t No' 137/B/GF/FF, consisting of ground and first floor, totar plinth area rrsl sq.feet together with r/3,a undivided share of land 111.s sq.yards or 93.21 sq.mtrs. in the rand right, constructed on plot No.137, in sy.No.T4 /T of Dhanaraxmi

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2

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CooperativeHousingSocietyLtd''situatedatMahendraHills' East Marredpally,^{Secunderabad' the present Writ Petition is} filed.

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counsel^forthe 3. He,erd^{Mrs'D'Pramad'a'learned} learned^Assistant petitione,rs^{andMs'S'sravanthi'} Governnrent^{Plead'er for Stamps and Registration'appearing} for the^resPondents'

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Learned'^{counsel for the petitionersubmits that} responclentNo.3isrefusingtoreceiveandregistertheSale DeedS')ughttobepresentedbythepetitionersinrespectof thesutljectpropertyonthegroundthattheStateGovernment is clairning^{right over the subject property as 'Government} Learned^{counsel further} Land' in^{LGC No' 167 ofLggT '} submil.sthattheissueinvolved,inthepresentWritPetitionis conner:ted^{with the dismissal0rder dated 28'05'2025passed} bytheDivisionBenchofthisCourtinW.P.No.lg106of2o|o, whichisfiledbytheStateGovernmentagainsttheorder passerlinLGCNo.16TofLggTbytheSpecialCourtunderthe A.p. Land Grabbing^{(Prohibition)Act, L982, Hyderabad.} Learned counser further submits that in similar circurrLsta.nces, this court has passed order dated 24.o6.202s

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in w'P.No.rz393 of 2o2s directing the respondents therein to register the document. Therefore, rearned counsel prays this court to alrow the writ petition and direct respondent No.3 to register the SaIe Deed presented by the petitioners.

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o. The above made submission is not seriously disputed by the learned Government pleader appearing for the respondents.

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6' Having regard to the above made submissions, particularly, in view of dismissal of w.p.No.19106 of 2o1o on 28'os.2o25, the present writ petition is disposed of directing respondent No.F to receive, register and release the document presented by the petitioners in respect of the subject property without reference to LGc No.167 0f 7gg7,however, subject to the petitioners comp\dng with the provisions of the Indian Registration Act, lgog, and the Indian stamps Act, lggg. It is also open to the Registering Authority to refuse the document presented by the petitioners, on any other objections, duly assigning the reasons and communicating the same to the petitioner.

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T.Itismadeclearthatmereregistrationofthedocument does nct^{confer title on the subject property and it is also} made ciear^{that this ord.erwould not have any bearingon all} those rratters^{where title/rights of the parties are pending} beforetheauthoritieseitherinrevision/appealsfor adjudicationorinanyothercases.Thisorderalsodoesnot preclucle the^{parties inasserting their rights before a} comPel.ent^{Courtof law'}

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I{iscellaneous^{petitions, ifany' pending shall stand}

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

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.PONNA^KRISHNA ANT REG^ISTRAR

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//TRUE COPY//

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SECTION OFFICER

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to,r. The Secretary,^{RevenueDepartment, State of relangana,secretariat,} HYderabad

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Oil,irici^{Registrar,Hyderabad District'Hyderabad}

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3: 5i,1i nlgislrar,^{a99p-qllv,€ecunderabad} ;: d; Cdto^{rrllrl. D.'FRAMADA, Advocate [oPU-cl.} ,,,^ t^a,,Arar rha s 5. Turo CCs^{to ci; Foi SiAMps &'HEGlSt'RRrtoN,High court for the State} of Telangana. [OUT]

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