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High Court for State of TelanganaWP/21169/2021disposed of no costs

Smt. M.G.Shoba v. The State Of Telangana

2025-06-13K. Sarath6 pages

[ 33021 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 21169 OF 2021 Between:

Smt. tV.G.Shoba, W/o M.G. Sreedhar, Aged 44 years, Occ;house hold, Fi/o F-lat no.2O2tA Sri Satya Sai apartment, Threehurthy colony, road no.6 Mahendra Hills, East [Varedpally, Secunderabad.

.....PETITIONER AND 1 . The State of Telangana, Rep. by Principal Secretary, Stamps and Registration Department Secretariat, Hyderabad.

2. The District Registrar, Stamps and Assurance' Hyderabad District at Nampally, Hyderabad.

3. The Sub Registrar, Bowenpally, Secunderabad. .....RESPONDENTS 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 to issue a writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondent nos.2 and 3 in not entertaining the sale deed in respect of the property i.e. all that the flat bearing no.1-A in ground floor, with built up area of 895 sft including common areas and car parking area along with '1i8th undivided share i.e. 52.5 sq. yards out of total 600 sq. yards in the building known as Sri Satya Sai Apartments in plot bearing no.2, in Sy.no.74i8 (SCB no.5- 24-049) vide PTI No.PT05F9332255 situated at Trimoorthy colony road no.6, Mahendra hills, East Marredpally, Secunderabad cantonment, Secunderabad as illegal, arbitrary, violative of principles of natural justice and violative of Arts. 14,21 and 300-4 of Constitution of lndia and

consequently direct the respondent nos.2 and 3 to entertain the document/sale deed and to give effect registration over the above mentioned property and release the document.

|.A.NO:1 OF 2021 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High C-ourt may be pleased to direct the respondent nos.2 and 3 to receive and register the sale deed that may be presented by the petitioner in respect of property i.e. all that the flat bearing no.1-A in ground floor, with built up area of 895 sft including common areas and car parking area along with 1/8th undivided share i.e. 52.5 sq. yards out of total 600 sq. yards in the building known as "Sri Satya Sai Apartments,'in plot bearing no.2, in Sy.no.7418 (SCB no.5-24-049) vide plt No. pT05F9332255 situated at Trimoorthy colony, road no.6, Ivlahendra hills, East Marredpally, Secunderabad cantonment, Secunderabad, pending disposal of the above writ petition in the interest of justice.

Counsel for the Petitioner : SRI M.V.HANUMANTHA RAO Counsel forthe Respondents : AGP FOR REVENUE The Court made the following ORDER

THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2 LL69 of 2O2l ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record.

2. Learned counsel lor the petitioner submits that at the time of admission, this Court granted interim order on 09.Og.2O2l directing the Registering Authorities to receive and register the docum€nt presented by the petitioner if it is otherwise lound to be in compliance with the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899.

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3. Today, when the matter is taken up for hearing' :

l learned counsel for the petitioner submits that in pursuance to the interim order passed by this Court on Og.Og.2021 , the Registering Authorities have registered i the subject document.

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sx, J W.P.No.2 7 769 of 2O2 7

4. Learned Counsel lor both sides submits that the connected matter in W.P.No.19106 of 2OlO filed by the State Government against the order in LGC.No. 167 of 1997 passed by the Special Court und.er the A.P. Land Grabbing (Prohibition) Act, 1982, Hyderabad, was dismissed by the Division Bench of this Court on 28.O5.2025.

5. In view of the submissions made bv both sides and in view of the dismissal of W.P.No. 19106 of 2010 on 28.05.2025, the interim order passed by 1[i5 Court in I.A.No.I of 2O2O in W.P.No.Z1 169 of 2O2l . dated O9.O9.2O21 is made absoiute. Accordingly, the writ petition is disposed of.

6. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order u.ould 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 -t(is order also does not preclude the parties in asserting

sr, J W.P.No.27 769 of 2O27 their rights before a competent Court of law. There shall be no order as to costs

7. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed sD/- T. VIJAY_KUMAR / DEPUTY REGISTRAR ./ //TRUE COPY// SECTION OFFICER

1. The PrinciPal Secretary, StamPs and Registrat Department Secretariat'

To State of Telangana at Hyderabad

2. The District Registrar, StamPS and Assurance, Hyderabad District at Nampa lly, Hyderabad

3. The Sub Registrar, BowenPallY' Secunderabad

4. Two CCstoGPFO R REVENUE, High Court foi th" strt" of Telangana at

5. One CC Hyderabad. [oUT] to SRI M V.HANUMANTHA RAO, Advocate [OPUCI

6. Two CD CoPies r'

SA LS

HIGH COURT DATED:1310612025 o ( lt tllE fl[5 '

lJ -) .) o CS:n. ..-,

ORDER

WP.No.21169 ot 2021 DISPOSING OF THE W.P WITHOUT COSTS.

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