Disposed

Sanku Laxmi Narayana v. The State of Telangana

Telangana HC28 Apr 2022WP/18569/2022

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition directing the Sub-Registrar to register the petitioner's sale documents without reference to certain disputed administrative memos, subject to compliance with the Registration and Stamp Acts and specific conditions regarding pending Supreme Court litigation.

What did the court decide?

Directed the respondent Sub-Registrar to register the sale documents complying with statutory laws, with specific endorsements regarding pending Supreme Court appeals and risks involved.

Sanku Laxmi Narayana 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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THURSDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTIGE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 18569 OF 2022

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Between:

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Sanku Laxmi Narayana, S/o Nadipi Lingaiah, Aged about 59 years, Occ ., Business, Fl/o. Plot No.10, Mahalaxmi Residency, Kompally Village, Gandi l/aisamma - Dundigal l/andal, Ir/edchal-Malkajgiri District - 500014.

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...PETITIONER

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AND

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The State of Telangana, Rep., by its Principal Secretary, Registration and Stamps Department, Secretariat, BRKR Bhavan, Hyderabad, TS.

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

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The Commissioner and Inspector General, Registration and Stamps, 5-3-953, Nizam Shahi Rd. Mozamhaji lMarket, Herza Estate, Jambagh, Hyderabad - 500095.

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The Sub-Registrar, Jogipet, Sanga Reddy District, TS.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or more in the nature of a writ of N/andamus, declaring the action of the 4th respondent in refusing to receive and register and release the sale deed presented by the petitioner in respect of open Piots No's. 1 to 28 Open Plot No.'1 to 4 admeasuring 191.14 Sq.Yards each, Open Plot No.5 admeasuring 208.33 Sq.Yards, Open Plot No.6 admeasuring 241 .72Sq.Yards, Open Plot No.7 admeasuring 206.72 Sq.Yards, Open Plot No.8 to 12 admeasuring 180 Sq.Yards each, Open Plot No.13 admeasuring 19'1 .35 Sq.Yards, Open Plot No.14 admeasuring 171.47 Sq.Yards, Open Plot No.15 admeasuring 144.35 Sq.Yards, Open Plot No.16 admeasuring 187.68 Sq.Yards, Open Plot No.17 to 20 admeasuring 180 Sq.Yards each, Open Plot No.21 admeasuring 186.39 Sq.Yards, Open Plot No.22 admeasuring 253.23 Sq.Yards, Open Plot No.23 admeasuring 294.66 Sq.Yards, Open Plot No.24 admeasuring 242.52 Sq.Yards, Open Plot No.25 admeasuring 2'1 5.53 Sq.Yards, Open Plot No.26 admeasuring 187.88 Sq.Yards, Open Plot No.27 admeasuring 160.25 Sq.Yards, Open Plot No.28

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admeasuring 209.72 Sc Yards Total Plotted area admeasuring 5488.32 Sq.Yrds and park area 505.44 Sq.yards, Total land Ac.1-30gts or 8470 Sq.yards in Sy. No.1 85 situated at J )gipet Village, Andole Mandal, Sanga Reddy District, on the grounds of Memo No.G2125712019, dated.26108/2020 issued by the 3rd respondent, for being i legal, arbitrary, without jurisdiction and contrary to the provision of the Regis 'ation Act, 1 908 and in violation of Article 14 of the Constitution of lnd ia, e rd consequently set aside the Memo No.G2125712019 daled 26 108 I 2020 issuer by the 3rd respondent in respect of Plot No 1 to 28 and direct the Respondent N :.4 to receive and register the Plot Nos. 1 to 28 in Sy-No. 185 situated at situated It Jogipet Village, Andole lvlandal, Sanga Reddy District.

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lA NO: 1 OF 2022

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Petition under Se {ion 151 CPC praying that in the circunrstances stated in the affidavit filed in supp rrt of the petition, the High Court may be pleased to direct the 4th respondent to rr ceive, register and release the sale dee,ds p1ssg61g6 6, the petitioners in respr ct of open plots Nos. 1 to 28, Open Plot No.1 to 4 admeasuring 191 .14 S q.Yards each, Open Plot No.5 adnr:asuring 208.33 Sq.Yards, Open Plot '1o.6^{admeasuring241 .72 Sq.Yards, rlpen Plot No.7} admeasuring 206.72 Sq Yards, Open Plot No.B to 12 admeasurirg^'180 Sq.Yards each, Open Plot No. 3 admeasuring 1 91 .35 Sq.Yards, Olten^olot No.'1 4 admeasuring 171 .47 Sc Yards, Open PIot No.15 admeasuring r 44.35 Sq.Yards, Open Plot No.16 adn easuring 187.68 Sq.Yards, Open P ot No.17 to 20 admeasuring 180 Sq.Ya ds each, Open Plot No.21 admeasuring^'186.39 Sq.Yards, Open Plot No.22 adme, suring 253.23 Sq.Yards, Open Plot No 23 admeasuring 294.66 Sq.Yards, Oper Plot No.24 admeasuring 242.52 Sq.Yatds, Open Plot No.25 admeasuring 21 i.53 Sq.Yards, Open Plot No.26 adrleasuring 187.88 Sq.Yards, Open Plot I o.27 admeasuring 160.25 Sq.Yards, C)pen Plot No.2B admeasuring 209.72 Sc Yards Total Plotted area admeasuring 5488.32 Sq.Yrds and park arca 505.44 Sq.yards, Total land Ac.1-30gts or 8,170 Sq.yards in Sy.No.1B5 situated at logipet Village, Andole Mandal, Sanga Reddy District, without reference to [,4er ro No. G2l25712019, dated. 2610812020 issued by the 3rd respondent, pending dis osal of the main Writ Petition, in the interest of justice.

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Counsel for the Petitior 3r : SRl. PADALA PRAVIN KUMAR

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Counsel for the Respor lents : GP FOR STAMPS AND REGISTIIATION

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The Court made the foll >wing: ORDER.

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I \

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THE HONOURABLE SRJ JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.18s69 of 2022

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ORDER:

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Heard both sides and^{perused the materialon record.}

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It is submitted by the learned^{counsel on eithersidethat} subject matter of this writ^{petition is squarelycoveredby the common} order dated 18.02.2022^{passed by this Court in W.P. No.328of 2022} and batch as modified by^{the order dated 22.02.2022in l.A' No.2of} 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 dated18.02.2022passed} by this Court in W.P.^{No.328 of 2022 and batchas modifiedby the} order dated 22.02.2022 in^{LA. No.2of 2022 in W'P' No.2985of 2022} and batch, 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 directed^{to register} the document of sale, transfer^{and gift etc., presented} for registration by the^{petitioner/s withoutreference to} the Memo Nos.G2l257 12019^{dated26.Oa.2O2O and} 29.72.2O2O issued by the^{respondent -} the Commissioner and Inspector^{General of Registration} and Stamps, Telangana;^{Letter No.45/TP/NMC/20 19} dated 01.11.2019 issued by the^{respondent-the} Commissioner, Municipal Corporation,^{2 Nizampetto} 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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<br>

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subject r the petitioner(s) complying with the provisions of the Indian Registration Act, 190g. and Indian Str mp Act, 1899. It is open to the Registt:ring Authority to refuse/receive the document(s) presented before hi: r, if he has any other objection, by duly assigning reasons in support of such decision and communi, ate the said decision to the petitioner(s);

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(ii) the re ;pondent - Sub-Registrars in the State shall make an endorsement at the reverse side of the first page of t re document referred in direction No.(i) that registratir n so done is subject to outcome of SLp ((livil) No. 19695 of 2O2l Iiled by the State Government t;:fore the Hon'b e Supreme Court; and

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(iii) in cas :, it is found that there is any violation ol law like plots / lands / structures being sold form part of F.T.L. anr Buffer Zone / Plots having less than 3C feet road wid h access, the Sub Registrar shall make an endorserr:nt informing / cautioning the purchirsers that risk is involved in purchase of such plots; such transactit ns are hit by relevant statutory provisions; that regit tration of the same is subject to outcor:re of orders oJ the Honble Supreme Court in SLp (Civil) No.19695 ol 2021. To that effect, an endorsemenl shall be made ,n the reverse side of the first / second page of the docu nent ald also in the encumbrance record, website e c.

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As a sequel thereto, miscellaneous applications, i: any. pending

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in the writ petitior shall stand closed-

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i/TRUE COPY//

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SD/.P.PADMANABHA^REDDY ASSISTANT REGISTRAR t- SECTION OFFICER

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To,

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1 ThePrincipals-'cretary,RegistrationandStampsDepanrnent'Secretariat' BRKR Bhivan State^{of Telangana,Hyderabad, lS'}

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2 The Principal ! ecretary,^{Revenue Department, Telanganir Secretariat'State} of Telangana,^lYderabad.

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The Commissioner and lnspeclor General, Registration and Stamps, 5_3_gS3, Nizam Shahi Rd. Mozamhaji Market, Heza Esiate, Jambagh, Hrderak----' 500095.

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