Telangana High Court
Guruprasad Singh Goutham, ... vs The State Of A.P.,Rep.By ... on 20 November, 2024
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
FRIDAY, THE SIXTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWELVE
:PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WP .NO:35374 of 2012
Between:
1. Guruprasad Singh Goutham S/o Late Sardar Singh Goutham
2. Smt. Abha Goutham W/o Guruprasad Singh Goutham
..... Petitioners
AND
1 The State of Andhra Pradesh, Rep. by Principal Secretary to
Government
Department of Revenue, Stamps & Registration, Secretariat,
Hyderabad.
2 The District Registrar of Stamps and Assurance, Nampally,
Hyderabad.
3 The Sub-Registrar of Stamps and Assurance, (Marredpally),
Bowenpally.
Hyderabad.
.....Respondents
Petition under Article 226 of the Constitution of India,
praying that in the circumstances stated in the petition and the
affidavit filed herein, the High Court may be pleased to issue writ,
order or direction more particularly in the nature of Writ of Mandamus
to declare the action of the Third Respondent in refusing to receive
and register the Relinquishment Deed presented by the Petitioners in
respect of the House on Plot No. 42 (Part) admeasuring 210 Square
Yards or 175.56 Square Meters in Survey No. 74/8 situated at Road
No. 7, Mahendra Hills, East Marredpally, Secunderabad, pursuant to
G.O.Ms. No. 609 Revenue (Registration - I) Dept., dated 18-08-2004
as illegal, arbitrary and against the provisions of law; and declare
G.O.Ms. No. 609 Revenue (Registration -I) Dept., dated 18-08-2004
as illegal, arbitrary and against the provisions of law; or in the
alternative direct the First Respondent to de-notify the Lands in so far
as Survey No. 74/8 situated at East Marredpally from the impugned
G.O.Ms. No. 609 Revenue (Registration - I) Dept., dated 18-08-2004
and Consequently direct the Third Respondent to receive and
register the Relinquishment Deed presented by the Petitioner in
respect of the House on Plot No. 42 (Part) admeasuring 210 Square
Yards or 175.56 Square Meters in Survey No. 74/8 situated at Road
No. 7, Mahendra Hills, East Marredpally, Secunderabad.
The petition coming on for hearing, upon perusing the
petition and the affidavit filed herein and upon hearing the arguments
of Sri N.Kamaraju, Advocate for the Petitioners and of the Assistant
Government Pleader for Revenue (Telangana Area), for the
Respondents, the Court made the following.
ORDER:
"Learned Asst. 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 2012 & batch.
At the hearing, it is not disputed that in respect of the land in
Sy.No.74 of 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 Sy.No.74, was dismissed
by the Special Court under the Andhra Pradesh Land Grabbing
(Prohibition) Act, Hyderabad 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
relinquishment deed, there shall be a direction to respondent
No.3 to receive and register the deed that may be presented by
the petitioners 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, State of Andhra Pradesh,
Department of Revenue, Stamps & Registration, Secretariat,
Hyderabad.
2 The District Registrar of Stamps and Assurance, Nampally,
Hyderabad.
3 The Sub-Registrar of Stamps and Assurance, (Marredpally),
Bowenpally.
Hyderabad. (Addressees 1 to 3 BY RPAD)
4. Two CCs to G.P. for Revenue, High Court of A.P., Hyderabad
(OUT)
5. One CC to Sri N. Kamaraju, Advocate (OPUC)
6. One Spare Copy
AB
HIGH COURT
AB
DRAFTED ON 17-11-2012
CVNRJ
DATE: 16-11-2012
ORDER
WP. NO. 35374 OF 2012
DIRECTION
