Smt. Radha Rani, v. State Of Telangana,

[ 3301 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 13142 OF 2026 Between:

SMT. Radha Rani, wife of Sri T.L. Madan Prakash, aged 68 years, Occ. Retired, resident of H.No. 1-2-2-161A, Domalguda. Near JB Apartments, Himayatnagar, Hyderabad - 500 029.

...WRIT PETITIONER AND

1. State of Telangana, Rep. by Principal Secretary, To Government Department of Revenue, Stamps and Registration, Secretariat, HYDERABAD.

2. The District Registrar of Stamps and Assurance, Nampally, HYDERABAD.

3. The Sub-Registrar of Stamps and Assurance (Marredpally), Bowenpally, HYDERABAD ...RESP.NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ, order or direction more particularly in the nature of WRIT OF MANDAMUS to. (i) Declare the action of the Third Respondent in refusing to receive and register the Sate Deed executed by the Petitioner herein, in respect of the property belonging to her situated at Plot No. 15, 4lmeasuring 253 Square Yards or 211.50 Square Meters, in Survey No. 7419, in the part of Layout of MCH No. 31/Open/10/81/80, and File No. 91/LayouVSD/89, Permit No. 365/10, situated at East Manedpally, Secunderabad, pursuant to G.O.Ms. No. 609 Revenue (Registration - l) Dept.

, dated 18-08-2004 as illegal, arbitrary and against the provisions of law. and (ii) Declare G.O.Ms. No. 609 Revenue (Registration - l) Dept. dated 18-08-2004 as illegal, arbitrary and against the provisions of law. or (iii) ln the alternative direct the First Respondent to de-notify the Property situated in Survey No.7419 situated at East Marredpally, Secunderabad from the impugned G.O.MS.

Y7 No. 609 Revenue (Registration - l) Dept. dated '18-08-2004. (iv) Consequently, direct the Third Respondent to receive and register Sale Deed executed by the Petitioner herein, in respect of the residential property belonging to her situated at Plot No. 15, admeasuring 253 Square Yards or 211.50 Square Meters, in Survey No. 7419, in the part of Layout of MCH No. 31/Open/10/81/80, and File No. 91/LayouUSD/89, Permit No. 365/10, situated at East Marredpally, Secunderabad. l.A. NO: 1 OF 2026 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Third Respondent to receive, register and release the Sale Deed executed by the Petitioner herein, in respect of the property belonging to her situated at Plot No. 15, admeasuring 253 Square Yards or 211.50 Square Meters, in Survey No. 7419, in the part of Layout of MCH No. 31/Open/10/81/80, and File No. 91/LayouUSD/Bg, Permit No. 365/10, situated at East Marredpally, Secunderabad, pending disposal of the present Writ Petition.

Counsel for the Petitioner: SRI NANDURI SRIRAM Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

a -'.

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAI) THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.13142 OF 2o26 27th APF.jLL,2026.

Between:

Radha Rani.

. . . Petitioner AND The State of Telangana, Rep. by its Principal Secretar5r to Government, Department of Revenue, Stamps and Registration, Secretariat, Hyderabad and 2 others.

Respondents ORDER:

With the consent of both parties, this Writ petition is taken up for disposal at the stage of admission. 2.

Aggrieved by the action of respondent No.3 in refusing to receive and register the SaIe Deed presented by the peLitioner in respect of the subject property i.e., plot No.15, admeasuring 253 square yards (or 211.5O square meters), in Survey No.74 /9, in the part of Layout of MCH No.31/OpenllO/BlIBO and File No.91/Layout/SD/89,

Permit No.365/ 10, situated at East Marredpa-lly, Secunderabad, the present Writ petition is filed. 3.

Heard Sri Nanduri Sriram, learned counsel for the petitioner and Ms. S. Sravanthi, learned Assistant Government Pleader for Stamps ald Registration, appearing for the respondents.

4.

Learned counsel for the petitioner submits that respondent No.3 is refusing to receive and register the Sale Deed sought to be presented by the petitioner in respect of the subject property on the ground that the State Government is claiming right over the subject property as .Government Land, in LGC No.167 of 1992. Learned counsel further submits that the issue involved in the present Writ petition is connected with the dismissal order dated 2a.OS.2O2S passed bv the Division Bench of this Court in W.p.No.19106 of 2010, which is filed by the State Government against the order passed in LGC No.167 of l99Z by the Special Court under the A.P. Land Grabbing (prohibition) Act, 19g2, Hyderabad. Learned counsel further submits that in similar circumstances, this Court has passed order dated 24.06.2025

ry ,/ in W.P.No.17393 of 2025 directing the respondents therein to register the document. Therefore, learned counsel prays this Court to allow the Writ Petition and direct respondent No.3 to register the Sale Deed presented by the petitioner. 5.

The above made submission is not seriously disputed by the learned Assistant Government Pleader appearing for the respondents.

6.

Having regard to the above made submissions, particularly, in view of dismissal of W.p.No.l9106 of 201O on 28.05.2025, the present Writ Petition is disposed of directing respondent No.3 to receive, register and release the document presented by the petitioner in respect of the subject property without reference to LGC No.167 of ).997, however, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and the Indian Stamps Act, 1899. It is a.lso open to the Registering Authority to refuse the document presented by the petitioner, on any other objections, duly assigning the reasons and communicating the same to the petitioner.

7.

It is made clear that mere registration of the document does not confer titie on the subject property and it is also i made clear that this order would not have any bearing on all I those matters where title/rights of the parties are pending I I before the authorities either in revision/ appeals for I I t I adjudication or in any other cases. This order also does not I I I preclude the parties 1n asserting their rights before a i I I I competent Court o[ law.

I I Miscellaneous petitions, if arly, pending shall stand closed. There shall be no order as to costs II I SD/- M.JAWAHAR REDDY ASSISTANT REGISTRAR I //TRUE COPY// ...- (9i Il I I To sEcTtoN oFFtcER

1. The Principar secretary, To Government Department of Revenue, stamps and Registration, Secretariat, Hyderabad, State of Telangana.

2. The District Registrar of Stamps and Assurance, Nampaiiy, Hyderabad.

3. The Sub-Registrar of Stamps and Assurance (Maneitpaliyy, Aowenpatty, Hyderabad.

One CC to SRI NANDURT SR|RAM, Advocate tOpUCI Two CCs to Gp FOR STAMPS AND REGtSTRAftbN, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies I I PSK.

PSK. W

, CC TODAY HIGH COURT DATED: 2710412026 '( .

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ORDER

WP.No.13142 of 2026 1i''

DISPOSING OF THE WRIT PETITION WITHOUT GOSTS th