Telangana High Court
Sri S.Srinivas Rao S/O Sri S.Surya ... vs Government Of Andhra Pradesh on 23 July, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.11653 of 2013
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of.
2. This writ petition is filed seeking the following prayer:
"to direct directing the Respondent No.4 to register the Sale Deed dated 10.04.2006, pertaining to property in Plot bearing No.100, admeasuring 266 Sq yards in Survey No.74/3 in M/S Ravi Cooperative Housing Society Limited, Mahindra Hills, Marredpally Secunderabad Cantonment Secunderabad executed in Petitioners favor by one Smt Kirni Bai after declaring the refusal endorsement No.57/07 dated 19/09/2007 of the Respondent No.4 as illegal arbitrary and unconstitutional and release the said document to the Petitioner."
3. Learned counsel for the petitioner submits that one Smt.Kirni Bai was the absolute owner of Plot No.100, admeasuring 266 Sq.Yards, in Survey No.74/3, in M/s.Ravi Co-operative Housing Society Limited (Mahendra Hills), Marredpally, Secunderabad Cantonment, thereafter Smt.Kirni Bai executed sale deed dated 10.04.2006 in respect of subject property in favour of petitioner. Subsequently, petitioner approach Registering Authority to register the subject property, however, the Registering Authority has refused to register the subject document. Aggrieved by the same, this writ petition is filed.
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4. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that this Court granted interim order on 17.04.2013, which reads hereunder:
"In the light of the interim direction granted by this Court in similar matters, there shall be a direction to respondents 3 and 4 to received and register the documents presented by the petitioner in respect of Plot No.100 in Survey No.74/3 of East Maredpally, Secunderabad Cantonment in the event the document fulfils the requirements of law, without reference to the claim of the Government that it is Government land. The registration shall however be subject to the result of this writ petition."
5. Learned counsel for the petitioner submits that in pursuance to the interim order passed by this Court on 17.04.2013, the respondent authorities have registered the subject property and further submits that in view of interim order passed by this Court no further orders are required to be passed in this Writ petition.
6. Learned Assistant Government Pleader for Stamps and Registration would submit that counter affidavit has been filed on behalf of respondent No.2 i.e., District Collector, Hyderabad, and the Paragraph No.8 reads as:
"It is submitted that a comprehensive land case was filed by the then Mandal Revenue Officer, Marredpally against the (7) Societies and as well as some of individual plot owners of Sy.No.74 of Marredpally (Paigah) village in L.G.C, No.167/97 in the Spl.Court under L.G(P) Act, 1982. The Hon'ble Spl.Court, under A.P.L.G.(P) Act dismissed the LGC No.167/97 on 18-03-2010. Aggrieved by the same, the then MRO, Marredpally Mandal filed 3 WP No.19106/2010, before the Hon'ble High Court and the same is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly appreciating the evidence of Govt. and as such writ petition has been filed challenging the same. Thus the LGC judgment has not become final. Further submitted that the litigation between the parties and the Govt. has not reached to its logical end. Under such circumstances it can't be said that Govt. have lost its claim. As such the interest of Govt. still subsists. In view of the above the interest of Govt. that subsists in the subject land will be jeopardized if this W.P. is allowed. Hence it is liable for dismissal."
7. Learned Assistant Government Pleader would submit that subject matter was earlier adjudicated by the Spl.Court under A.P.L.G.(P) Act, 1982, vide LGC No.167 of 1997, however the said LGC No.167 of 1997 has been dismissed on 18.03.2010. Aggrieved the same, the Mandal Revenue Officer, Marredpally Mandal, filed WP No.19106 of 2010 before this Court and the Hon'ble Division Bench has heard and reserved for orders.
8. Learned Assistant Government Pleader would further submit that many parties have filed writ petitions on the similar issue and obtained interim order and thereafter the respondent authorities have received, registered and released the documents therein, however fairly submits that in most of the cases, the respondent authorities have not filed counter- affidavit and the counter-affidavit filed in this writ petition may be adopted in all these similar pending writ petitions, as the issue involved in all the pending writ petitions is one and the same and pray this Court to dispose of 4 all the pending writ petitions, granting liberty to all the concerned parties to seek appropriate remedy, subject to the outcome of the order which would be pass in WP No.19106 of 2010.
9. Recording the submission made by the learned counsel on either side and in view of the fact that the subject document is registered in pursuant to the interim order, this Court deems it appropriate to dispose of the writ petition granting liberty to both the parties to seek appropriate remedy, in accordance with law, subject to the outcome of the order which would be pass in WP No.19106 of 2010, if so otherwise aggrieved.
10. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would 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 this order also does not preclude the parties in asserting their rights before a competent Court of law.
11. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to cost.
______________________________ N.V.SHRAVAN KUMAR,J 23.07.2024 SHA