Telangana High Court
A.Srinivasulu,Secbad vs Sate Of Ap,Prl.Scy,Rev,Hyd,And 2 on 30 July, 2024
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
FRIDAY, THE FIFTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND THIRTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WP .NO: 4619 of 2013
Between:
A. Srinivasulu, S/o. A. Lingaiah
..... Petitioner
AND
1 State of Andhra Pradesh, rep. by Principal Secretary to Government,
Department of Revenue, Stamps & Registration, Secretariat, Hyderabad.
2 The District Registrar of Stamps and Assurances, Nampally,
Hyderabad.
3 The Sub-Registrar of Stamps and Assurances, East Marredpally,
Bowenpally, Hyderabad.
.....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 Respondents, more
particularly the Respondent No.3, in refusing to receive and register the Sale
Deed presented by the Petitioner, pursuant to G.O.Ms.No.609 Revenue
(Registration - I), Dept., Dated 18-8-2004 as illegal, arbitrary and against the
provisions of law and declare the said G.O.Ms.No.609, Revenue
(Registration - I) Dept., Dated 18-8-2004 as illegal, arbitrary and against the
provisions of law; or in the alternative direct the Respondent No.1 to de-notify
the lands in so far as Survey No.74/6, situated at East Marredpally from the
impugned G.O.Ms.No.609 Revenue (Registration-I), Dept., Dated 18-8-2004
and consequently direct the Respondent No.3 to receive and register the
Sale Deed submitted by the Petitioner herein in respect of the property
covered under the said Sale Deed, the same being a residential Flat No.22, in
the first floor of the apartments known as "Sapphire Shelter", bearing
Municipal No.10-3-32/9/4/5, constructed on Plot No.4A & 4B2, in Survey
No.74/6, admeasuring built up area of 780 square feet inclusive of common
areas along with undivided share of land admeasuring 55.88 square yards
out of 503 square yards, situated at East Marredpally, Secunderabad, and
this Honourable Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed herein and upon hearing the arguments of Sri Mohammed Imran
Khan, Advocate for the Petitioner, 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.3 to receive and register the sale deed that may be presented by the petitioner subject to the latter complying with all legal requirements for such registration.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary to Government, Department of Revenue, Stamps & Registration, State of Andhra Pradesh, Secretariat, Hyderabad. 2 The District Registrar of Stamps and Assurances, Nampally, Hyderabad.
3 The Sub-Registrar of Stamps and Assurances, East Marredpally, Bowenpally, Hyderabad.
(Addressees 1 to 3 BY RPAD)
4. One CC to Sri Mohammed Imran Khan, Advocate (OPUC)
5. Two CCs to the G.P. for Revenue (Telangana Area), High Court of A.P., Hyderabad. (OUT)
6. One spare copy.
nnr HIGH COURT CVNR,J DATED: 15-2-2013 NOTE: Post along with WP 33805 OF 2011 & batch ORDER W.P.NO. 4619 OF 2013 DIRECTION HIGH COURT Nnr Date of Drafting : 19-02-2013 CVNR,J DATED: 15-2-2013 NOTE: Post along with WP 33805 OF 2011 & batch ORDER W.P.NO. 4619 OF 2013 DIRECTION