Telangana High Court
Sri, M Rangaraj vs The State Of Telengana on 25 February, 2025
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
W.P. No.11577 of 2018
ORDER:
Questioning the action of the respondents, Registering
Authority, in refusing to receive and register the residential Flat
bearing Municipal Door No.10-3-31 & 31/A/201, II Floor, Plot No.3
situated at Survey No.74/9 of East Marredpally, Secunderabad,
admeasuring of 1710 square feet with undivided share of land
admeasuring about 111.66 square feet (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 petitioner that the petitioner with an
intention to purchase the subject property approached the registering
authority, respondent No.3, Sub-Registrar, Marredpally, who refused
to receive and register the same on the ground that it is a Government
land. Hence, the petitioner filed the present writ petition.
3. Today, when the matter has been taken up for hearing, there is
no representation for the petitioner. However, in similar cases, this
Court recorded 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
NVSK, J
2010 that was heard and reserved for orders by the Division Bench of
this Court.
4. Upon a perusal of the proceedings of this Court, this Court on
09.04.2018 in I.A. No.1 of 2018 passed interim direction to the
respondent No.3 to register the document in question presented by
the petitioner and the same shall be subject to the out come of the
writ petitions filed by the State against the order of the Special Court
under the A.P. Land Grabbing (Prohibition) Act, 1982, Hyderabad,
in LGC. No.167 of 1997 and batch.
5. On the other hand, the learned Assistant Government Pleader
for Stamps and Registration would 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 the W.P. No.19106 of 2010,
which is pending for orders before the Division Bench of this Court.
NVSK, J
6. Heard 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
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."
NVSK, J
8. Since the learned Assistant Government Pleader submits that
she is not aware whether the subject document is registered or not
and there is no information whether the subject document has been
registered pursuant to interim order dated 09.04.2018 passed by this
Court in I.A. No.1 of 2018, this Court is of the considered opinion that
if the subject document is registered, the petitioner shall not alienate
further without the permission of this Court.
9. It is made clear that the registration of the subject document,
pursuant to the interim order dated 09.04.2018 passed by this Court
in I.A. No.1 of 2018, is subject to outcome of the W.P. No.19106 of
2010, which is pending for orders before the Division Bench of this
Court.
10. 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.
11. Accordingly, this writ petition is disposed of. There shall be no
order as to costs.
NVSK, J
As a sequel, miscellaneous applications pending, if any,
shall stand closed.
_______________________________
JUSTICE N.V. SHRAVAN KUMAR
Date: 25.02.2025
LSK
