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.
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
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
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
