Telangana High Court
P.Susheela , Kanakamma, vs The Government Of Andhra Pradesh, Rep By ... on 24 July, 2024
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
W.P. No.36901 of 2013
ORDER:
Questioning the action of the respondents, Registering
Authority, in refusing to register the Plot bearing No.35 admeasuring
388.88 square yards in Sy.No.74/8 situated at East Marredpally,
Secunderabad (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 17.12.2013 in
WPMP. No.45913 of 2013 passed interim direction to the Registering
authority to register the subject document and the registration shall
be subject to the out come of the writ petition.
NVSK, J
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
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
NVSK, J
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
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.
NVSK, J
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
