Telangana High Court
Munna Kumar, Secunderabad. vs The Govt.Of A.P.,Rep.By ... on 20 November, 2024
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
TUESDAY, THE TWELFTH DAY OF FEBRUARY,
TWO THOUSAND AND THIRTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WP .NO: 4236 of 2013
Between:
Munna Kumar, S/o. Mr. Ram Udgar Singh
..... Petitioner
AND
1 The Govt. of Andhra Pradesh, Rep. by its Secretary, Revenue
Department,
A.P. Secretariat, Hyderabad.
2 The District Registrar, Hyderabad District, Hyderabad.
3 The Sub Registrar, Bowenpally, Secunderabad.
.....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 in the nature of
writ of mandamus declaring the action of 3rd respondent in refusing to
register the petitioner sale deed dated 29.10.2007 in respect of Plot No.30, in
Survey No. 74/3, admeasuring 238.90 sq. yards or 199.72 sq. mtrs, situated
at Ravi Co-operative Housing Society Ltd., Mahendra Hills, East Marredpally,
Secunderabad Cantonment in survey No.74/3 on the grounds mentioned
therein as illegal, arbitrary, ultravires and contrary to the provisions of law and
consequently hold that G.O. 609, dt. 18.08.2004 is not binding on 3rd
respondent, and direct the 3rd respondent to receive the sale deed and
register the same pertaining to Plot No.30, in Survey No.74/3, admeasuring
238.90 sq. yards or 199.72 sq. mtrs, situated at Ravi Co-operative Housing
Society Ltd., Mahendra Hills, East Marredpally, Secunderabad Cantonment
in survey No. 74/3 and release the same.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed herein and upon hearing the arguments of M/s. D. Pramada,
Advocate for the Petitioner, and the learned Asst. G.P. 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 Secretary, Revenue Department, Govt. of Andhra Pradesh,
A.P. Secretariat, Hyderabad.
2 The District Registrar, Hyderabad District, Hyderabad.
3 The Sub Registrar, Bowenpally, Secunderabad.
(Addressees 1 to 3 BY RPAD)
4. One CC to M/s. D. Pramada, 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: 12-02-2013
Note: Post along with WP 33805 OF 2011
& batch
ORDER
W.P.NO. 4236 OF 2013
DIRECTION
HIGH COURT
Nnr
Date of Drafting : 13-02-2013
CVNR,J
DATED: 12-02-2013
Note: Post along with WP 33805 OF 2011
& batch
ORDER
W.P.NO. 4236 OF 2013
DIRECTION
