Telangana High Court
Smt. D. Lalitha, Hyderabad vs Prl Secy, Revenue Dept, Hyderabad And 2 ... on 24 July, 2024
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
W.P. No.18829 of 2013
ORDER:
Questioning the action of the respondents, Registering Authority, in refusing to register the Plot bearing No.165 admeasuring 182.5 square yards in Sy.No.74/3 situated at Marredpally, Secunderabad Contonment (hereinafter referred to as "the subject property") on the ground that the subject property is claimed by the Government in LGC No.167/1997, the petitioner filed the present writ petition.
2. The main grievance of the petitioner is that the registering authority is refusing to register the subject property on the ground that it is a Government land. Hence, the petitioner filed the present writ petition.
3. It is to be seen that the Government had filed LGC No.167 of 1996 claiming the subject survey number as it is a Government land and the same was dismissed on 18.03.2010 by the Special Court. Thereafter, the Government filed a writ petition in W.P. No.19106 of 2010 that was heard and reserved for orders by the Division Bench of this Court.
4. It is seen from the proceedings that this Court on 02.07.2013 in WPMP. No.23007 of 2013 passed interim direction to the Registering authority to register the subject document without reference to the NVSK, J 2 W.P. No.18829 of 2013 claim of the Government that it is Government land and the registration shall be subject to the result of this writ petition.
5. The learned Assistant Government Pleader for Stamps and Registration Sri H.Rakesh Kumar would submit that in pursuance to the said interim direction the subject document was registered and since the cause in the present writ petition has been served no further orders are required to be passed. It is further submitted that many number of writ petitions have been filed on similar issue wherein no separate counter affidavits have been filed however, in similar writ petition in W.P. No.11653 of 2013, which was disposed of on 23.07.2024 by this Court, a counter affidavit has been filed and the averments mentioned therein may be read/adopted as a counter averments in all the similar matters and the present writ petition is one among similar pending writ petitions and requested to dispose of the present writ petition with a liberty to either of the parties to pursue their remedies as available under law subject to outcome of the W.P. No.19106 of 2010, which is pending for orders before the Division Bench of this Court.
6. Heard and perused the material made available on the record.
7. The counter affidavit stated to have been filed in W.P. No.11653 of 2013 by the respondent No.2, District Collector therein, is taken on record as the counter affidavit has been filed as an adopted one in the NVSK, J 3 W.P. No.18829 of 2013 present writ petition. In the said counter affidavit at para No.8 stated as under:
"8. 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 LGC. 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 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."
8. Having regard to the facts and circumstances of the case, recording the submissions made by the learned counsel that subsequent to the interim orders passed by this Court, subject document has been registered and no further cause would be served for further adjudication, this writ petition is disposed of with a liberty to either of the parties to pursue their remedies as available NVSK, J 4 W.P. No.18829 of 2013 under law subject to outcome of the W.P. No.19106 of 2010, which is pending for orders before the Division Bench of this Court.
9. However, it is made clear that mere registration of the document does not confer any title on the subject property and 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 would not preclude the parties in asserting their rights before the competent Court of law.
10. Accordingly, this writ petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
_______________________________ JUSTICE N.V. SHRAVAN KUMAR Date: 24.07.2024 LSK