Allowed

Pudari shankar v. State of Telangana

Telangana HC7 Mar 2022WP/2050/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition concerning the registration of sale deeds in Asifabad District. Following a common order from connected cases, the Court directed the Sub-Registrar to register documents issued to purchasers without reference to restrictive government memos, provided an endorsement cautioning purchasers of risks involving statutory violations and pending Supreme Court pro

What did the court decide?

Petition disposed of by following common order; Sub-Registrar directed to register documents with cautionary endorsement regarding pending Supreme Court appeal and potential statutory violations.

Pudari shankar Vs State of Telangana — Writ and Judicial Review | Telangana HC (2022)

¶1

HIGH COURT FOR^{THE STATEOF TELANGANA AT HYDERABAD}

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(SPecial Original Jurisdiction)

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MONDAY ,THE SEVENTH^{DAY OF MARCH} TWO THOUSAND^{AND TWENTY TWO}

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PRESENT

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THE HONOURABLE^{SRIJUSTICEB.VIJAYSEN REDDY}

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WRIT PETITI NO: 50 0F 22

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Between:

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Pudari shankar,^{S/o.Bapu, Aged about 50 years,Occ Agriculture'FVo'} h;66;"; Vili;s6^{ano H,tinbat,K5murambheem Asifabad District}

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...PETITIONER

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AND

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State-of Telangana,^{Rep by its Principal Secretary, Revenue (stamps and} Registration) 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,^{Asifabad, Komuram Bheem Asifabad District}

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...RESPONDENTS

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Petition under Article^{226 of lhe constitution of lndia praying that in the} circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue writ order^{or direction more particularlyone in the nature of writ} of mandamus^{declaringthe action of the respondentsin refusingto receive,} process, register and release^{the documentfor plot No 3 extent201.66 sq-yards} in survey No.330/AA^{situatedat Rebbana Village and Mandal, KomuramBheem} AsifabadDistrictrelyinguponthememoissuedbytherespondentNo.2Vide G2t257t2o1g daled^{2618t2020and clarificationmemo no. G2125712019 daled} 2gt12l2)2} as arbitrary^{and illegal and contrary to the provisions of section 22A of} Registration Act^{1908 and consequentlydirectthe the respondentsto receive,} process, register and release the^{document present by the petitionerfor the plot} No. 3 extent 201.66^{sq.yardsin survey No 330/AA situatedat RebbanaVillage,} Rebbana Mandal,^{Komuram BheemAsifabad District withoutreferringto the} memo issued by the^{respondent No 2 vide G21257l2019 dated261812020and} memo no. G2125712019^{dated2911212020.}

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IAN O:¹ o^{F 2022}

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Petition under^{Section151 CPCprayingthat in the circumstances statedin} the affidavit^{filed in support of the petition'the High Court maybe pleased to} direct the^{respondentNo 3 to receive'registerand release the sale deed in} respect^{of vacant openplot No 3 extent 201 '66 sq yardsin survey No 330/AA} situated at^{RebbanaVillage and MandalKomuramBheem AsifabadDistrict} without referring^{to the memo issued by the respondentNo 2 vide G2125712019} dated 26lBt2O20^{and clarificationmemo no G2t257l2O19daled 2911212020} pending disposal^{of the abovewrit petition'}

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Counsel for^{the Petitioner:SRl'GUDI MADHUSUDHAN REDDY}

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Counsel for^{the Respondents: AGP FOR REVENUE}

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The Court niade^{the following:ORDER}

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.2050 OF 2022

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ORDER (ORAL) :

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Heard both sides and perused the material on record

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It is submitted by the leamed 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 modified 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 seF/e any purpose, as such, the same rnay be disposed of in terms thereof.

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

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In view of the above, recording the aforesaid submission of the leamed counsel on either side, following the common order dated 18.02.2022 in W.P. No.328 of 2022 and batch as modified bv tlre 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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(A) If the subject document/s has/have already been registered and

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releasdd pursuant to the interim order;

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(i) the document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Governrnent before the Hon'ble Suprerne 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 fbrm 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 ate hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in ,rF SLP (Civil) No.19695 of 2021 . To that effect, an

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 document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Merno Nos. G2l2 57 I 20 1 9 dated 26.08.2020 and 29. | 2.2020 issued by the respondent - the Cornmissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent - the Corrmissioner, Municipal Corporation, Nizaurpet 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 lound that there is any violation of law like plots / lands / structures being sold form part

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of F.T.L. and Buffer^{Zone / Plots havingless than 30} feet road width access, the Sub^{Registrarshallmake} an endorsement informing /^{cautioningthe 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^{SupremeCourtin} SLP (Civil) No.19695 of 2021. To^{that effect,an} endorsement shall be made on the^{reverse side ol 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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in this writ petitiorl stand closed. I SD/-K.ONESIM AssrsrANi'iec"rdi-R1C I

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//TRUE^COPY// SECTION^OFFICER

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To'i The Principal Secretary' Revenue (stamps^{and Registration) ' State of} : i?i3 [1T I Ss,:ltl'lia^{TIS'&13|"1'" e n e ra I or Re si str ation a n d stam p s}

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lE't$it,rytm:-*mfp.i,'*tti",i"llri"v,:,""" TOUTI 6 two CD^CoPies' 7 One^{SPare CoPY'} GB 'q-S8

HIGH^COURT

DATED:07^t0312022

ORDER

WP.No.2050^{of 2022}

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¶55

DISPOSING^{OF THE WP}

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WITHOUT^COSTS.

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Pudari shankar v. State of Telangana

Case brief

What is this about?

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Pudari shankar v. State of Telangana

Case brief

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What did the court decide?

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