Smt. Dasari Sujatha And Another vs The Dist. Registrar, Hyd And 4 Others

Citation : 2024 Latest Caselaw 3119 Tel
Judgement Date : 6 August, 2024

Telangana High Court

Smt. Dasari Sujatha And Another vs The Dist. Registrar, Hyd And 4 Others on 6 August, 2024

    IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
                        AT HYDERABAD
          TUESDAY, THE NINETEENTH DAY OF FEBRUARY,
                 TWO THOUSAND AND THIRTEEN

                           :PRESENT:
         THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

                          WP .NO: 4868 of 2013
Between:
1 Smt. Dasari Sujatha, W/o D.Ram Reddy
2 Dasari Ram Reddy, S/o Late D. Mutyam Reddy
                                                                ..... Petitioners
                                     AND

1   The District Registrar, Hyderabad District, Hyderabad.
2   The Joint Sub-Registrar-I, R.O., Red Hills, Hyderabad.
3   The District Collector, Hyderabad District, Hyderabad.
4   Govt. of A.P. Rep. by it's Principal Secretary, Revenue Department,
    Secretariat Building, Hyderabad.
5   The Tahsildar, Marredpally Mandal, Secunderabad.
                                                            .....Respondents

     Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a writ, order or direction more particularly one in the nature
of a Writ of Mandamus declaring the action of the 2nd Respondent in refusing
to register the Sale Deed dt:28.01.2013 vide proceedings Refusal No.27/13
dt:28.01.2013 in respect of the Plot bearing No.120 in Sy.No.74/6,
admeasuring 275.00 Sq. Yds., situated at East Marredpally, Secunderabad
as being arbitrary and illegal and consequently direct the 1st and 2nd
Respondents to register and release the same after due registration.

     The petition coming on for hearing, upon perusing the Petition and the
affidavit filed herein and upon hearing the arguments of Sri K. Maheswara
Rao, Advocate for the Petitioners, and the Learned Assistant Government
Pleader for Revenue (Telangana Area) for the Respondents, the Court made
the following

ORDER:

Learned Assistant Government Pleader for Revenue (Telangana Area) takes notice for the respondents and seeks time for filing counter- affidavit.

Post along with W.P.No.33805 of 2011 and batch.

At the hearing, it is not disputed that in respect of the land in Survey No.74 of East Maredpally, Secunderabad, orders refusing to register the documents were passed. Questioning the said orders, the above-mentioned batch of Writ Petitions has been filed before this Court. This Court has granted an interim order by observing that L.G.C.No.167 of 1997 and batch, filed against more than 2,000 persons of Maredpally alleging that they have grabbed Government land in Survey No.74, was dismissed by the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, and that, in the Writ Petitions filed by the Government against the said judgment, no interim order was passed in favour of the Government. On the said premises, this Court has granted interim direction to register the document that may be presented by the petitioners therein. As this case also arises out of the same set of facts, except with the variation that the document sought to be registered in this case is a sale deed, there shall be a direction to respondent No.2 to receive and register the sale deed that may be presented by the petitioners subject to the latter complying with all legal requirements for such registration.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The District Registrar, Hyderabad District, Hyderabad. 2 The Joint Sub-Registrar-I, R.O., Red Hills, Hyderabad. 3 The District Collector, Hyderabad District, Hyderabad. 4 The Principal Secretary, Revenue Department, Govt. of A.P., Secretariat Building, Hyderabad. 5 The Tahsildar, Marredpally Mandal, Secunderabad.

(Addressees 1 to 5 BY RPAD)

6. One CC to Sri K. Maheswara Rao, Advocate (OPUC)

7. Two CCs to the G.P. for Revenue (Telangana Area), High Court of A.P., Hyderabad. (OUT)

8. One spare copy.

nnr HIGH COURT CVNR,J DATED: 19-2-2013 NOTE: Post along with WP 33805 of 2011 & batch ORDER W.P.NO. 4868 OF 2013 DIRECTION HIGH COURT Nnr Date of Drafting : 21-02-2013 CVNR,J DATED: 19-2-2013 NOTE: Post along with WP 33805 of 2011 & batch ORDER W.P.NO. 4868 OF 2013 DIRECTION