Telangana High Court
Syed Aqueel, Secunderabad And Another vs Prl. Secretary, Revenue Dept., Hyd And 3 ... on 10 February, 2025
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
W.P. No.16036 of 2015
ORDER:
Questioning the action of the respondents, Registering
Authority, in refusing to register the Semi Finished Residential Flat
bearing 201, II Floor, consisting of 1100 sq.ft., built up area, together
with undivided share of land admeasuring 49.625 sq.yds., out of 397
sq.yds., in Shaila Vayuputra Mansion on Plot No.12, Sy.No.74/9,
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. It is the case of the petitioners that they intended to purchase
the subject property by paying sale consideration to their vendor and
entered into a sale deed dated 16.04.2015 with them. Thereafter,
approached the registering authority, respondent No.3, Sub-Registrar,
Marredpally (Bowenpally), who refused to register the same on the
ground that it is a Government land. Hence, the petitioners filed the
present writ petition.
3. The learned counsel for the petitioners would submit 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
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writ petition in W.P. No.19106 of 2010 that was heard and reserved
for orders by the Division Bench of this Court.
4. The learned counsel would further submit that this Court on
09.06.2015 in WPMP. No.20869 of 2013 passed interim direction to
the Registering authority to register the subject document, however,
the registration of the subject document be subject to the outcome of
the writ petition filed against LGC No.167 of 1997 and batch.
He would further 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.
5. On the other hand, the learned Assistant Government Pleader
for Stamps and Registration while acceding to the submissions made
by the learned counsel for the petitioners would further submit 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
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the W.P. No.19106 of 2010, which is pending for orders before the
Division Bench of this Court.
6. Heard the learned counsel for the petitioners and the learned
Assistant Government Pleader for Stamps and Registration 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
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
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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 on either side
that subsequent to the interim orders passed by this Court,
subject document has been registered and no further cause would be
survived 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.
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: 10.02.2025
LSK
