Allowed

Sri Begari , Avula Shyam v. The State of Telangana

Telangana HC27 Apr 2022WP/20683/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking direction to register sale deeds. Following the Common Order in W.P.No.328 of 2022, the Court directed the Sub-Registrar to register documents without conditioning registration on specific Memos or NALA charges, mandated endorsements regarding pending Supreme Court litigation, and directed adherence to Section 71 of the Registration Act if doubts

What did the court decide?

Respondent Sub-Registrar directed to register sale documents without insisting on Memo Nos. G21/257/2019 or NALA charges, subject to pending SLP (Civil) No.19695 of 2021, following Section 71 of Regis

Sri Begari , Avula Shyam Vs The State of… — Civil Procedure and Limitation | 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 DR. JUSTICE D.NAGARJUN

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WRIT PETITION NO 20683 0F 2022

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Between:

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Sri Begari @ Avula Shyam,^{S/o BegariEshwaraiah,Aged about37 years,} occ. PiivatiEmployee, iVo H.D.Raidurga,^{Golkonda Post, Hyderabad.}

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,..PETITIONER

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AND

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The State of Telangana,^{Rep by its Principal Secretary,Re-venue(Stamps} and Registration) department,Boorgu^{Rama Krishna Rao Bhavan,Liberty} Road, Hyderabad -500029, Telangana^State'

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The Commissioner and lnspector^{General of Stamps and Registration, Jam} Bagh,Mojamjahi Market Cross^{Roads,Hyderabad, Telangana.}

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The Dist. Registrar, Ranga^{Reddy District, Prashanthinagar,IDA Kukatpally,} Hyderabad - 5000072

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The Sub-Registrar, Rangareddy^{R.O, Prashanthinagar,IDA Kukatpally,} Hyderabad - 5000072

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The Tahsildar, Serilingampally^{Mandal, Ranga Reddy District, Door No 2-} 54/A, Serilingampally, Hyderabad^{- 500019.}

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...RESPONDENTS

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Petition under Article 226 of^{the Constitutionof lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith,the High Court may be} pleased to issue a writ, order or direction more^{particularlyone in the nature of} Writ of Mandamus by declaring the^{action of the Respondent No.4 in raising} objection with regard to the^{document of sale of the Petitioner hereinfor} registration in respect of land admeasuring^{an extent of Ac.0.06 Guntas or 726} Sq.Yards situated in Sy.No.102 of^{RaidurgPanmakthaVillage Serilingampally} Mandal, Ranga Reddy District and^{land admeasuring an extent of Ac.0.06Guntas} or 726 Sq.Yards situated in Sy.No.32^{of Raidurg PaigahVillage, Serilingampally} Mandal, Ranga Reddy District as illegal,^{arbitrary, discriminatoryand violationof}

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Articlel4oftheConstitutionoflndia,besidesviolationofPrinciplesofNatural JusticeandcontrarytotheprovisionsofRegistrationAct,lg0BandtheVarious judgements of the Honorable^{High Court of Telanganaat Hyderabad and as such} directtheRespondentNo.4toforthwithreceiveandregisterthesaledeedofthe Petitioner herein^{in respectof the land admeasuringan extentof Ac 0'06 Guntas} or 726 Sq.Yards^{situated in Sy'No'102 of Raidurg PanmakthaVillage'} Serilingampally^{Mandal, Ranga Reddy District and land admeasuring an extent of} Ac.o.06 Guntas^{or 726 Sq.Yardssituated in sy.No.32of Raidurg Paigah Village'} Serilingampally^{Mandal, Ranga Reddy Districtalong with payment of requisite} stamp duty^{and registration charges without insisting on paymentof NALA charges} and coPY^{of aPProvedlaYout.}

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IA NO 10F²⁰²²

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PetitioriunderSectionlslCPCprayingthatinthecircumstancesstatedin the affidavit^{filedin support of the petition, the High Court may be pleasedto direct} theRespondentNo.4toforthwithreceiveandregistertheSaledeedofthe PetitionerhereininrespectoflandadmeasuringanextentofAc.0.06Guntasor 726 Sq.Yards^{situated inSy'No'102 ofRaidurgPanmakthaVillage'} Serilingampally^{Mandal, Ranga Reddy District and land admeasuring an extent of} Ac.0.06 Guntas or^{726 Sq.Yardssituated in Sy.No.32of Raidurg Paigah Village'} Serilingampally^{Mandal, RangaReddy Districtwithout insistingon payment of} NALA charges^{and copy of approved layout as per variousorders of the} HonorableHighCourtofTelanganaatHyderabadinsimilarmatterspending disposal of^{the WritPetition.}

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Counsel for^{the Petitioner: SRl. P BADRI PREMNATH}

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Counsel for^{the Respondents: GP FOR STAMPSAND REGISTRATION}

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The Court made^{the following:ORDER}

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THE HONOURABLE DR. JUSTICE D. NAGAzuUN

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WRIT PETITION No.20683 oF 2022

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ORDER:

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Heard both sides and perused the material on tecord.

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Learned Govemment Pleader for Revenue submitted that under the guise of memos, the petitioner/s are approaching this Court without identifying the purchasers, without payment of stamp duty, without presenting the documents and finally without even approaching the Sub-Registrars and requesting.this Court to give suitable directions to the Sub-Registrars to verifu the documents carefully keeping in view the relevant provisions of the Indian Stamps Act, 1899 and The Registration Act, 1908 and other relevant enactments and if it is found that the documents so presented are not inconsistent with the relevant provisions of law, they shall register the documents. In case, if the concerned Sub Registrars raise any objection, then they shall follow the procedure contemplated under Section 7l ofthe AcL

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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 passed 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, as such, this Writ Petition may be disposed of in terms thereof.

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Therefore, following the Common Order dated 18.02.2022 in W.P.No.328 of 2022 andbatch as modified by the Order dated 22.02.2022 in

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\ I

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I.A. No.2 of 2022 in W.P.No.2985 of 2022, in terms^{thereof, this} writ^Petition

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is disposed ofas under without any order as to costs:

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(i) The respondent - Sub-Registrar is directed to register the document of sale, lransfer and^gift elc., presented for registration by the petitioner/s, if document is otherwise in accordance with law without references to the Memo Nos.G2l257l2019 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent - lhe Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy Districl, 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 sub,iect to outcome of SLP (Civil) No.19695 ol 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 / struclures 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; thal registration of the same is

subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 oI 2021 . To that effect, an endorsement shall be made on the reverse side of the first / second page of the documenl and also in the encumbrance record, website etc.

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(iv) The respondenVSub-Registrar is further directed to ensure that if the document so presented is not in consonance with any of the relevant provisions of the lndian Stamps Act, 18gg or the Registration Act, 1908 and that if he raises any doubt with regard to the registration of the said document, he shall follow the procedure contemplated under Section 71 of the Registration Act, 1908.

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The miscellaneous petitions pending, if any, shall stand closed

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There shall be no order as to costs.

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//TRUE COPY//

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SD/.T.TIRUMALA^DEVI ASSISTANT REGISTRAR t l, SECTION OFFICER

To,

The Principal^{Secretary, Revenue (Stamps and Registration)-DePartment'} Siale of T6langana,^{B5orgu Rama Krishna Rao Bhavan'Liberty Road'} Hyderabad^{-500029, TelahganaState.}

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