Disposed

K.Sita Ram Kumar v. State of Telangana

Telangana HC7 Mar 2022WP/158/2022

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition by following a common order. It directed the Sub-Registrar to register documents without reference to illegalization notices but mandated a cautionary endorsement subject to the outcome of a pending Supreme Court appeal (SLP 19695 of 2021) regarding FTL violations.

What did the court decide?

Directed registration of documents without reference to illegalization notices but mandated cautionary endorsement subject to Supreme Court appeal outcome.

K.Sita Ram Kumar Vs State of Telangana — Constitutional and Fundamental Rights | Telangana HC (2022)

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[³¹⁸³ ]

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

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I,4ONDAY, THE SEVENTH DAY OF I'ARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 158 0F 2022

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Between:

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K.Sita-Ram Kumar, S/o. Dr_ K.A.J.Varma, aged about 53 years, Occ Doctor, Rl/o. Flat No. l02, Surya Residency, Ivladhuranagar, tiyderabad, T.S.

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.ViqV Anand Kumar, S/o.Dr K.A.J.Varma, aged about 50 years, Occ Business, Rt/o. Sathya Sai Eye Hospital, Bhimavaram, WeJt Godavari Ois[rict, A.p.

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S.S{jatha Vimala, Wo- S.Jagadish, aged about 49 years, Occ Housewife, Rl/o. Sathya Sai Eye Hospital, Bhimavaram, West Godavari Oistrici, n.p.

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K.Rang_1R?ju,..S/o. Late Satyanarayana Raju, aged about 60 years, Occ Business, Rl/o. B-77, Madhuranagar, Near Venlalrao N-agarl Hyderabad, T.S.

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R.Lalitha Kumari, Wo. R.V.L.N.Raju, aged about 57 years, Occ Housewife, Fl/o. B_ 77, Madhuranagar, Near Vengalra<i Nag-ar, Hyderabad, T.S.'

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K.Krishna Veni, W/o. Late Satyanarayana Raju, aoed about 77 vears. Occ Housewife, FJo. B-77 , It4adhuranalar, Nehr Vengalrao Nlgar, HyderabaO, f.S.'^{- --}

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A.Jy_othi, W/o-. A. Raghunath Reddy, aged about 51 years, Occ Housewife, Rt/o. C 81, Flat No.302, Madhuranagar, Hyderabad, T.S.

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P.Venkata Ramana Murthy R^aju, S/o. Late p.Venkata Krishnam Raju, aged about 57 years, Occ'B_usines_s, Rl/ti. Clo. Mantena Venkati nuju,'27-is-i'-biiRiilf;;;, Bhimavaram, West Godavari District, A.p.

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Pakalpati S_udhir Anand Varma, S/o.p.Ramachandra Raju aged about 47 years, Occ Business, Rt/o. Plot No.'15, Daspalli Hi s, Vizag-16, A.p.

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VijaylR.Dandu, S/o. D.Appala Narasimha Raju, aged about 64 years, Occ Business, Rl/o. C/o. tvlr. P.V. Krishnam Raju, Ftat ru6.tOtl Goutami Afts, n.tti.S-_q_lqri', Bharkatpura, Hyderabad, T.S.

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'1 1. Sudhakar _V-.9hgkralg, S/o.Janakiram C_hakrala, aged about 67 years, Occ Business, FJo. 25-1-799, First Cross Street, Z.p. Colony, A.(. Nagar, Nello're

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1. Alluri V.Ra.iu, S/o. A. Suryanaranayana Raju, aged aboul 69 years, Occ Business, R/o. 3-16/17-3, Shantinajar, XatiniOa, R.pl

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Petitioners 2lo 12 arc represented by their GpA Holder

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K.Sita Ram Kumar S/o.Sri- K.A.J.Varma aged about 53 years, Occ Doctor, RJo.Flat No. 102, Surya Residency, Ivladhura Nagar, Hyderabad.

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...PETITIONERS

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AND

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1 state of^{Telangana, rep. by its Principalsecretary,Revenue (Registrationand} Siimp.l^{Depahment, Secretariat, Hyderabao'}

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2 The Commissioner^{and lnspector General of Registration andStamps' lelangana'} Hyderabad.

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3 The District^{Registrar, Revenue (Registration and Stamps)DepartmentRanga} Reddy^District.

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4 TheSubReoistrar,Revenue(RegistrationandStamps)Department,SRo, snaminauad,^{RangaReddY District}

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...RE.SPONDENTS

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Petitlon under^{Article226 of the Constitution of lndiaprayin$that in the} circumstances^{stated in tn" ,riiJuii rir"d therewith, the.Hiqhcourt may be pleasedto} issue a^{writ. order or oir""t,oi' |.iJi"' paiticutartyone.in,the nature of writof Mandamus} declaring^{the actionot tn" |."tpo'ii!'it" n]o'" particularly} the^{the 4th respond':nt in} oetitioners^{in r']spect refusingof land} to receive and^{resister tn" ;"J;;;;i; ;;;t;;[;;t} bearinq land^{bearing Plot N;;' ;;;;;t'ring1210 sq yards' trnder [;y No 72516/A'} s*uated at^{shamshabadvit;;;'r"d"M;nJur,-nunguRediyDistrict,on the groundof} Memo No.G2l2^{57t2o1g 0","i ZdOi.ibzO i..r"O Uy the 2nd respondrrnt as illegal'} arbitrary,^{uniust,unconst't'll"#' "'"r'tiJnot- prinirptesof natural jus'ticeand also} contrary^{to the provisio"' '"i i"'g i"li"lL n a"t" 1908'} ,^{and set aside t[e same'and} consequently^{direct the t"";;;;;;[ tand 4 to registerand releasethe documents} Dresented^{by the petirronetli"i""p""t} "tⁱ 1...............gi"1^{piot.without referenccto the /emo} "ni.^"Czlzsziioig out"a zo.oe^{z020 issuedby the 2nd respondent'} IA NO:^{10F 20222022}

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IA NO:^{10F 20222022} Petition under^{Section 151 CPC Praying that in the circunlstances stated in the} affidavit^{filedin suPPort of the Petition,the High Courtmaybe Pleased to direct the} respondents^{3 and 4to receive, register and release the documents pr'?sented bY the} petitioners in^{resPectof land bearingPlot No.7, admeasuring'210 s< . Yards, under} without Sy.No.72516reference /A, situatto^{the ed at tvlemo ShamshaNo.G2bad Village 1257t2019 dated:26.08& Mandal'2020 Ranga issr. lReddy District,ed bY the 2nd} respondent-

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: SRl.^{MOHD MOIN AHMED QUADRI} Counsel for^{the Petitioners}

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Counsel for^{the ResPondents} REGISTRATION)

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: GP FOR^{REVENUE (STAMPS AND}

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The Court^{madethe following: ORDER}

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HONOURABLE SRI JUSTTCE B. VIJAYSEN RE,DDY

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WRIT PETI'I'ION No.l58 OF 2022

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oRpER (Or{AL) :

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Heard both sides and perused the material on record.

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tt 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 rnodified by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P. No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terms thereof.

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This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the subject document/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition.

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ln view of the above, recording the aforesaid subnrission of the learned counsel on either side, tbllowing the commorr order dated 18.02.2022 in W.P. No.328 of 2022 and batch as modified by thc 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,

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without any order as to costs:

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(A) Ifthe subject document/s has/have already been registered and

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released pursuant to the interim order;

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(i) the docurnenVs registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No. 19695 of 2021 1iled by the State Govermnent before the Hon'ble Supreme Court; and

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(ii) in case, it is found that there is any violation of law like plots / lands / structures being sold form part ol 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 tlrat 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 Supleme Court in SLP (Civil) No.19695 of 2028^-rTo that e,i'fect, an

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I I

.,]

endorsement shall be made in the encumbrance record, website etc.

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(B) If the subject document/s is/are not yet registered and released

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pursuant to the interim order;

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(i) the respondent - Sub-Registrar is directed to register the docurnent of sale, transfer and^gift etc.,^presentedfor registration by the petitioneris without reference to^the Merno Nos.G2l 2 57 I 20 19 dated 26.08.2020^{and 29.12.2020} issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45ITP/NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner,^Municipal Corporation, Nizampet to the respondent - the^Sub Registrar, Quthbullapur, Ranga Reddy District,^and similar letters, if any, issued by the various Municipal Cornmissioners 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^{fomr part}

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ol F.T.L. and Buffer Zone / Plots having less than 30 fect road width access, the Sub Registrar shatt 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 sulrject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No. 19695 of 2021. To that efi'ect, an endorsement shalt be made on the reverse sidc of the flrst / second page of the document and also in the encumbrance record, website etc.

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

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in this writ petition stand closed.

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,TRUE COPY//

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SDi. A.V.S.S.C.S.M.^SARMA DEI'UT}'REGISTRAR ./ \l!)

SECTION^OFFICER

To,

The Principal Secretary, Revenue (Registration and Stamps) Department, State of Telangana, Secretariat, Hyderabad.

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

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The District Registrar, Revenue (Regjstration and Stamps) Department, Ranga Reddy District.

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The Sub Registrar, Revenue (Registration and Stamps) Department, SRO, Shamshabad, Ranga Reddy District

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One CC to SRI MOHD MOIN AHMED QUADRI Advocate [OPUC]

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Two CCs to GP FOR REVENUE (STAMPS AND REGISTRATION), High Court for the State of Telangana. [OUT]

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Two CD Copies

HIGH COURT

BVR,J

DATED:0710312022

ORDER

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WP.No.158 of 2022

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WRIT PETITION IS DISPOSED OFF WITHOUT COST

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L0 v-
N 1

K.Sita Ram Kumar v. State of Telangana

Case brief

What is this about?

What did the court decide?

K.Sita Ram Kumar v. State of Telangana

Case brief

What is this about?

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