Telangana High Court
Smt. Dr. V. Kalpana Kumari vs The State Of Telangana on 7 November, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.24329 of 2024
ORDER:
Heard learned counsel for the petitioner and Sri.H.Rakesh
Kumar, learned Assistant Government Pleader for Stamps and
Registration appearing for the respondent Nos.1 to 4. With their
consent, this writ petition is taken up for disposal at the stage of
admission itself.
2. This writ petition is filed to declare the action of
respondents more particularly respondent No.4 in not considering
the petitioner representation dated 22.08.2024 pertaining to the
property i.e., plot No.271, admeasuring 311.11 sq.yds., in
Sy.No.74/6, situated at Balamrai Cooperative Society of East
Maredpally, Mahendra Hills, Secunderabad - 500 009 registered
vide Doc.No.41/1998 dated 11.01.1988 at SRO Maredpally,
Hyderabad for any alienation while considering the same under
List of the probation of Registration of Govt. Lands in reference to
the Collector, Hyderabad District Lr.No.C3/1712/2024 dated
28.09.2004 in terms of G.O.Ms.No.609 Revenue (Registration-I)
Department dated 18.08.2004 the entire land admeasuring
Ac.306-15 gts., in Sy.No.74 under Maredpally Paigah is in
contradiction to the orders under decree dated 18.03.2010 in LGC
No.167/1997 on the file of Special Court under A.P. Land
Grabbing Probation Act as illegal, arbitrary and in violation of
principles of natural justice.
3. Learned counsel for the petitioner submits that petitioner
is the owner and possessor of the plot No.271, admeasuring
311.11 sq.yds., in Sy.No.74/6, situated at Balamrai Cooperative
Society of East Maredpally, Mahendra Hills, Secunderabad - 500
009, having registered vide Doc.No.41/1988 dated 11.01.1988 at
SRO, Maredpally, Hyderabad. It is further submitted that the
petitioner, with an intention to sell the subject property, executed
the sale deed dated 31.07.2024 and approached the respondent
No.3 for registration. However, respondent No.3 has refused to
register the subject document basing on the ground that Sy.No.74
in Cantonment area is under prohibitory list. Aggrieved by the
same, this writ petition is filed.
4. Learned counsel for the petitioner submitted that many
writ petitions were filed seeking registration of the documents in
respect of the lands in Sy.No.74 at East Marredpally,
Secunderabad, and this Court had directed the registering
authority to receive, register and release the documents presented
in respect of the land in Sy.No.74 at East Marredpally,
Secunderabad and sought to pass similar order.
5. Learned Assistant Government Pleader for Stamps and
Registration while acceding to the submissions made by the
learned counsel for the petitioner would submit that many
number of writ petitions have been filed on similar issue wherein
no separate counter affidavits have been filed however, in one of
the writ petition i.e., 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 the present writ petition
and has drawn the attention of this Court to the relevant
paragraph of the counter affidavit filed in W.P. No.11653 of 2013,
which reads as under:
"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."
6. 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
by the same, the Mandal Revenue Officer, Marredpally Mandal,
filed WP No.19106 of 2010 before this Court and the same has
been heard and reserved by the Hon'ble Division Bench.
7. At this stage, learned counsel for the petitioners submit
that since in similar writ petitions this Court by way of interim
order had directed the registering authorities to receive, register
the documents presented before them, without reference to the
claim of the Government that it is Government land and in
pursuance to the said interim direction the documents therein
were registered and since the cause in those writ petitions has
been served this Court had disposed those writ petitions, granting
liberty to all the concerned parties to seek appropriate remedy,
subject to outcome of the W.P. No.19106 of 2010, which is
pending for orders before the Division Bench of this Court.
Learned counsel for the petitioner prayed this Court to dispose of
the writ petition by passing similar order as passed in those writ
petitions.
8. Learned Assistant Government Pleader has not disputed
the same.
9. Having regard to the facts and circumstances of the case
and recording the submissions made by the learned counsel on
either side, this Court deems it appropriate to dispose of the writ
petition directing the registering authority to receive, register and
release the subject document, as expeditiously as possible,
preferably, within a period of three (03) weeks from the date of
receipt of copy of this order. It is made clear that the registration
of the subject document is subject to outcome of the W.P.
No.19106 of 2010. It is also made clear that if either of the parties
are aggrieved by the orders to be passed in W.P.No.19106 of 2010,
liberty is granted to parties to pursue their remedies as available
under law.
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
07.11.2024
mrm
