Dismissed

Boddu Thirupathi v. The State of Telangana

Telangana HC27 Apr 2022WP/16246/2022

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking a writ of Mandamus to direct the Sub-Registrar to register sale deeds of open plots, dismissing the order on the ground that the matter was already covered by a common order in batch cases. The Court directed registration subject to compliance with applicable laws and noted pending Supreme Court litigation.

What did the court decide?

Writ petition disposed of in terms of the common order dated 18.02.2022 in W.P. No.328 of 2022 as modified by order dated 22.02.2022. Petitioner to comply with the directions therein regarding registr

Boddu Thirupathi Vs The State of Telangana — Landlord and Tenant | Telangana HC (2022)

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

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WEDNESDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN^KUMAR

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WRIT PETITION NO: 16246 OF 2022

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Between:

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Boddu Thirupathi, S/o Yellaiah, Aged about 40^years, Occ.^{Business, R/o Gangipally} village, Manakondur Mandal, Karimnagar District.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary.^Stampsand Registration Dept., Secretariat Building, B.R.K.R. Bhavan,^Hyderabad. .

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The Commissioner and lnspector General of Registration and^{Stamps,N/'I.J.} Ivlarket, Hyderabad.

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The Sub-Registrar, Thimmapur, Karimnagar District.

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...RESPONDENTS

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Petition under Article 226 oI the Constitution of lndia^{praying that in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent^{No.3 in not receiving,} registering and releasing the sale deeds^presented by the^{petitioner hereinin} respect of Open plots/lands bearing No.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,12, 13, 14, 15, 16, 17,18, 19, 20, 21 ,22,23,24.25,26,27,28,29,30, 31, 32, 33, 34, 35, 36,37,38, 39,40, 41 ,42,43,44,45,46,47,48,49 and 50 in the lands to an extent of Ac.2.04 gts., in Sy.No.1396A/1/1 sltuated at lvlanakonduru village and Mandal, Karimnagar District on the ground of Memo bearing No.G2l257l2O19 dl.26lo\l2020 and 2911212020 issued by the Respondent No.2 herein as being arbitrary, vindictive, illegal, violative of Articles 14, 16 and 21 of the Constitution of India and against to the^principles of natural^justice, and consequently direct the Respondent No.3 herein to receive, register and release the sale deeds presented by the petitioner herein without reference to the Memo bearing No.G2125712019 d1.261O812020 and 2911212020 issued by the Respondent No.2 he re in.

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il2ll

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lA NO: 1 oF 2022

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Petition under Section 151 CPC^{prayingthat in the circumstancesstated} in the affidavit filed in support of^{the petition, the High Court may be pleased to} direct the Respondent No.3^{hereinto receive, registerand release the sale} deeds^presented by the writ^{petitionerherein in respectof open plots/lands} bearing No.1, 2, 3, 4, 5, 6,7,8,9,^{10,1 1, 12, 13, 14, 15. 16, 17. 18' 19' 20,21} ' 22,23,24, 25,26, 27, 28,^{29, 30, 31} ,^{32,33,34, 35, 36, 37, 38, 39, 40, 41 , 42'} 43, 44, 45, 46, 47, 48,49^{and 50 in the landsto an extent ol 4c.2.04gts.,in} Sy.No.'1396A/1/1 situated at^{Manakonduruvillage and Mandal,Karimnagar} District without reference to the^{Memo bearingNo.G2125712019 dl.26loBl2020} and 2911212020 issued by the Respondent^{No.2 herein pending disposalof the} above writ^petition.

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Counsel for the Petitioner:^{SRl. BALLARAVINDRANATH SAVITHRIDEVI}

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Counsel for the Respondents:^{AGPFOR REVENUE}

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The Court made the following: ORDER

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¶22

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.16246 of 2o22

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ORDER:

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I'Ieard both sides and 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 dated 18.02.2022 passed by this Court in W.P. No.328 ol 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 2O22 and batch, as such, this writ petirion may be disposed of in terms thereof.

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Therefore, following the common order dated 18.O2.2022 passed by this Court in W.P. No.328 of 2022 and batch as modified by the order dated 22.O2.2022 in I.A. No.2 of 2022 in W.P. No.2985 ot 2022 and batch,. in terms thereof, this writ petition is disposed of as under without any order as to costs:

¶29

(i) The respondent - Sub-Registrar is directed to register the document of sale, transfer ald gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2 /257 12019 dated 26.08.2020^.and 29.12.2O2O issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telargana; Letter No.45/TP/NMC/2019 dated 0 1 . 1 1 .20 19 issued by the respondent - t] e Commissioner, Municipal Corporation, 2 Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, ar:ld similar letters, if arry, issued by the vatious Municipal Commissioners in the State,

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subject to the^{petitioner(s)complying withthe} provisions of the^{lndian RegistrationAct, 1908, and} Indian Stamp^{Act, 1899. It is open to the Registering} Authority to refuse/receive^{the document(s)presented} before him, if he^{has arryotherobjection, by duly} assigning reasons^{insupport of such decisionand} communicate the^{said decisionto the petitioner(s);}

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(ii) the respondent -^{Sub-Registra'rs in the State sha-ll} make an endorsement^{at the reverseside of the first} page of the document^{referred in direction No'(i) that} registration so^{done is subjectto outcome of SLP (Civil)} No.19695 of^{2O2l filedby the State Governmentbefore} the Hon'ble SuPreme^{Court; and}

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(iii) in case, it is found^{that thereis anyviolationof law} like plots / lands /^{structures being sold formpart of} F.T.L. and Buffer^Zone /^{Plots having less than 30 feet} road width access,^{the SubRegistrarsha-ll makean} endorsement^informing /^{cautioningthe purchasers} that risk is involved^{in purchase of such plots;such} transactions^{are hit by relevant statutoryprovisions;} that registration^{of the same is subjectto outcome of} orders of the^{HonbleSupremeCourt in SLP (Civi1)} No.19695 of 2021.^{To that effect, an endorsement shall} be made on the^{reverse side of the first} /^{second pageof} the document^{and also in the encumbrancerecord'} website etc.

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As a sequel thereto,^{miscellaneousapplications,if any' pending}

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in the \,rit^pe tition^{shall standclosed}

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SD/.T.TIRUMALA DEVI I ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

\ To, 1 The Principal Secretary.^{Stamps and Registration Dept., Stateof Telangana,} Secretariai Building,^{B.R.K.R.Bhavan, Hyderabad.} 2 ir.r" c"rriliioneibno^{Inspector Generdlof Registrationand Stamps, M J'} Market, Hyderabad.

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The Sub-Registrar, Thimmapur. Karimnagar District. 4. One CC to Sri Balla Ravindranath Savithri Devi, Advocate [OPUG] 5. Two CCs to GP for Revenue, High Court for the State of T6langaria at Hyderabad. [OUT]

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Two CD Copies 7. One Spare Copy

CHR SB

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;

I 1 /

HIGH COURT

DATED:2710412022

ORDER

W.P.No.16246 of 2022

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¶53

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Boddu Thirupathi v. The State of Telangana

Case brief

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Boddu Thirupathi v. The State of Telangana

Case brief

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