Disposed

V. Rajender v. State of Telangana

Telangana HC30 Mar 2022WP/16011/2022

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition following a common order. It directed the Sub-Registrar to register the sale deed despite the presence of the impugned memo, subject to the outcome of the Supreme Court case SLP (Civil) No.19695 of 2021 regarding FTL and buffer zone sales.

What did the court decide?

Directed Sub-Registrar to register sale deeds with an endorsement subject to the Supreme Court's outcome in SLP (Civil) No.19695 of 2021 and warning purchasers of statutory risks.

V. Rajender Vs State of Telangana — Municipal and Town Planning | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Special Original J urisdiction)

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WEDNESDAY ,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE SRIJUSTICE B, VIJAYSEN REDDY

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wRlT PETITION NO: 16011 OF 2022

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Between:

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V. Rajender, S/o. Chinna Rajanna Aged About. 32 Years Occ. Agriculture, R/o. Nandipet Village and l,4andal, Nizamabad District. ...pE,,oNER

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AND

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

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The Commissioner and lnspector General of General and Stamps, State of Telangana at Hyderabad

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The Sub-Registrar, Armoor Nizamabad, Nizamabad District

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...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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in not receiving and registering and releasing the Sale deed presented by the Petitioner in respect of land in Sy.No.747lAA, and 747|E, of Nandipeta Village, in an extent of Ac.0.28 guntas, situated at Nandipet Village and I,4andal, Nizamabad District. As per its lay out on the basis of its memo G2125712019 issued by 2nd Respondent as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act,^'1908 and in violation of Article 14 of Constitution of lndian, and consequently direct the 3rd Respondent to receive, register and release the sale deeds presented by the^petitioner in respect of above said^property, notwithstanding the Memo No.G2125712019,^{issued by the2nd} respondent

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lA NO: 1 OF 2022

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Petition under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^{petition, the High Court may be pleased to direct} the 3rd Respondent to receive, register and^{releasethe sale deed presented by}

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the^{Petitionerin respect of land in Sy'No 747lAA ' and747lE' of Nandipeta Village'} in an^{ext"nt of Ac028 n,n,u.,-.nr.:"1} :: :ilt::l il:::""Tt,".ilt;: Nizamabad^{District' as per its layoutplots wl} No.GZr257r2o19,^{issued by the 2nd Respondent,and pending disposalof the} present^{Writ Petition}

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SRI^{K. DURGA PRASAD} Counsel^{for the Petitioner:}

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AGP^{FOR REVENUE} Counsel^{for ResPondents:}

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The Court^{made the following:ORDER}

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THE HON,BLE SRI JUSTICE^{B. VIJAYSENREDDY}

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WRIT PETITION NO.16011^{Of 2022}

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ORDER

Heard both sides and^{perused the material on record.}

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It is submitted by the^{learned counselon eitherside that} subject matter of this^{writ petition is squarely coveredby the} common order^{passed by} this^{Court in W.P.No.328 of 2O22and} batch dated 18.02.2022^{as modified by the order daled 22.02'2022} in LA.No.2 of 2022^{in W.P,No.29B5of 2022 and batch, as such, this} wrlt petition may be disposed^{of in terms thereof.}

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Therefore, following the^{common order dated18'O2'2O22 in} W.P.No.328 of 2022^{and batch as modifiedby the orderdated} 22,O2.2022 in I.A. No.2 of^{2022 in W.P.No'2985 of 2022, in terms} thereof, this writ^{petition is disposedof as under without any order} as to costs:

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(i) The respondent - Sub-Registrar^{is directedto} register the document of^{sale, transfer and gift etc.,} presented for registration by the^{petitioner/swithout} reference to the Memo^Nos.G2/257 /2079^dated 26.08.2020 and 29.L2.2O20^{issuedby the respondent} - the Commissioner and Inspector^{General of} Registration and^{Stamps,Telangana;Letter} No.45lTP/NMC/2019^{dated 01.11.2019issuedby the} respondent^- the^{Commissioner,lvlunicipalCorporation'}

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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 202L 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 2021. To that effect, an endorsement shall be made on the reverse side of the first / 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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ln the writ petition shall stand closed. ,1

//TRUE^COPY' a.

SECTION^OFFICER

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