Allowed

Mattapalli Srimannarayana v. The State of Telangana

Telangana HC29 Mar 2022WP/15470/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a Sub-Registrar refusal to register sale deeds. Relying on a common order, the court directed the official to register documents without reference to certain prohibition Memos, while requiring specific endorsements cautioning purchasers and noting pending Supreme Court appeals.

What did the court decide?

Directed Respondent Sub-Registrar to register sale deeds without reference to prohibition Memos; required specific cautionary endorsements regarding pending SLP.

Mattapalli Srimannarayana Vs The State of Telangana — Property and Title | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY ,THE TWENTY NINTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRIJUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 15470 OF 2022

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Between:

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Mattapalli Srimannarayana, S/o. Ramaiah, Aged about 58 years, Occ. Business, R/o. H.No. 1-9413, Near Srinivasa Theatre, Huzurnagar Post, Huzurnagar, Suryapet District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad

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2 The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad,

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The Sub-Registrar, Huzurnagar, Suryapet District

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents No. 3 in refusing to receive register and release the sale deeds presented by the Petitioner in respect of the Plot Nos. 1 to 36 (total 36 plots) out of total land admeasuring. Ac.3.35 gts in Sy.No. 4371A111 admeasuring Ac.0-27 gts, in Sy.No. 4371A11211 admeasuring Ac.1-13 gts, in Sy.No. 4371A112 admeasuring Ac.1-00 gts, in Sy.No. 437iA3 admeasuring Ac.0-18 gts, in Sy.No. 4371A4 admeasuring Ac.0-'1 7 gts situated at Huzurnagar Village, Huzurnagar Mandal, Suryapet District, in pursuant to the MEMO No. G2125712019, dated. 26-08-2020, issued by the Office of the Respondent No.2, under Prohibition of registration of unauthorized plots and buildings against the Petitioners Plots, as arbitrary, illegal, without any^jurisdiction contrary to the Provisions of the Registration Act^'1 908 and in violation of Article 14

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of constitution of lndia and consequently direct the Respondents No.3 herein to receive register and release the sale deeds presented by the petitioner in respect of his land, without reference to letter MEMO. No. G2l2S7l2O19, dated. 26-082020, issued by the Office of the Respondent No.2.

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lA NO: 1 oF 2022

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Petition under Section 151 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 Respondent No.3 to receive register and release the Sale Deed/s presented by the Petitioner in respect of the Plot Nos. 1 to 36 (total 36 plots) out of total land admeasuring Ac.3.35 gts in Sy.No. 4371A1t1 admeasuring Ac.O-27 gts, in Sy.No. 4371411211 admeasuring Ac.'1-13 gts, in Sy.No. 43ZlA112 admeasuring Ac.1-00 gts, in Sy.No. 437lA3 admeasuring Ac.0-18 gts, in Sy.No. 437lA4 admeasuring Ac.0-17 gts situated at Huzurnagar Village, Huzurnagar Mandal, Suryapet District, without reference to MEMO No. G2125712019, dated. 26-08-2020, issued by the Office of the Respondent No.2, pending disposal, of the above Writ^petition.

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Counsel for the Petitioner: SRl. K.NARSIMHA REDDY

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Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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I l'l

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THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.15470 of 2022

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ORDER:

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Heard both sides anci perused the material on record.

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It is submitted by the learned counsel on either side that subject matter of this writ petition is squarely covered by the common order passed by this Court in W.P.No.328 of 2022 and batch dated 18.02.2022 as modifled by the order daled 22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

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Therefore, following the common order dated L8.02.2022 in W.P.No.328 of 2022 and batch as modified by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P.No.2985 of 2022, in terms thereof, this writ petition is disposed of as under without any order as to costs:

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(i) The respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2/257 /2019 dated 26.08.2020 and 29.L2.2020 issued by the respondent

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the Commissioner and Inspector General of Registration and Stamps, Telangana;^Letter No.45lTPlNMC/2019 dated 01.11,2019^{issuedby the} respondent - the Commissioner, Municipal Corporation,

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)

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Nizampet to the respondent - the Sub Registrar, Quthbullapur,^{Ranga Reddy District, and similar} letters, if any, issued by the various Municipal Commissioners in the State;

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(ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon'ble Supreme Court; and

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(iii) in case, it is found that there is any violation of law like plots / lands / structures being sold form part of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement informing / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2027. To that effect, an endorsement shall be made on the reverse side of the first / second page of the document and also in the encu mbrance record, website etc.

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As a sequel thereto, miscellaneous petiuons, if any, pending

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in the writ petition shall stand closed.

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//TRUE COPY//

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SD/.L.SIVA^PARVATHI ASSISTAN}EEGISTRAR Lar')

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SECTION^OFFICER

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