Allowed

Kompari Raju v. State of Telangana

Telangana HC27 Apr 2022WP/20888/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed regarding the refusal of registration of a sale deed. The petitioners sought to declare the action of respondents illegal and contrary to Section 22A of the Registration Act. The Court allowed the petitioner following a common order, directing the Sub-Registrar to register the document without referring to specific internal memos, subject to complia

What did the court decide?

Directed the Sub-Registrar to register the sale document without referring to specific memoranda, provided the petitioner complies with statutory provisions.

Kompari Raju Vs State of Telangana — Property and Title | Telangana HC (2022)

¶1

HIGH COURT FOR THE^{STATEOF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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WEDNESDAY ,THE^{TWENTY SEVENTHDAY OF APRIL} TWO THOUSAND^{ANDTWENTY TWO}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE N.V.SHRAVAN KUMAR}

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WRIT PETITION^N o^{:20888 OF 2022}

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Between:

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1 Kompari Raju, S/o^{KompariRushu' Aged about 47 years,OccBusiness' R/o} H.No.1-14-20713,Barevada,TilakNagar,Kagaznagar,VillageKaghaznagar Mandal Komurambheem^{( Asifabad} )^District

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.,.PETITIONER

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AND

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State of Telangana,^{rep by its PrincipalSecretary, Revenue (stamps and} Registration) Secretarlat,^Hyderabad

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The Commissinoer^{and lnspector General of Registrationandstamps} Telangana, HYderabad

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The Sub Registrar,^{Asifabad, Komurambheem Asifabad District}

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,..RESPONDENTS

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Petition under Article^{226 of the constitutionof lndia prayingthat in the} circumstancesStatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue writ ordei^{or direction more particularly one in the nature of writ} ofmandamusdeclaringtheactionoftherespondentsinrefusingtoreceive, process, register and release^{the sale deed for house plot extent 183 33} sq.yards, in sy.No.91,^{HouseNumber1-14-20713,Rcc GroundFloor PlinthArea} 375 Sft in situated^{at KagaznagarVillage'KagaznagarMandal' Komurambheem} ( Asifabad ) District relying^{upon the memo issued by the respondentNo 2 vide} G2t257l2o1g dated^{26.8.2020and clarificationmemo no. G2125712019 dated} 29.12.2020 as^{arbitrary and illegal andcontraryto the provisions of secton 22A}

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of Registration Act, 1908 and consequenfly direct the respondents to receive, process, register and rerease the sare deed for house prot extent 1g3.33 sq. yards' in sy.No.91, House Number 1-14-207t3, Rcc Ground Froor printh Area 375 sft in situated at Kagaznagar ViIage, Kagaznagar Mandar, Komurambheem (Asifabad) District without referring to the memo issued by the respondent No. 2.

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IANo: 10F 2022

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Petition under r3ection 1s1 cpc praying that in the crrcumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent No 3 to receive, register and rerease the rerease the sare deed for house plot extent 183.33 sq. yards, in sy.No.9'r , House Number .r-1420713, Rcc Ground Froor printh Area 375 Sft in situated at Kagaznagar Viilage, Kagaznagar Mandar, l(omurambheem ( Asifabad ) District without referring to the memo issued by the respondent No.2 vide G212b7t2019 dated 26.8.2020 and clarification memo nc. G2r2s7 r2o1g dared 29.12.2020 pending disposar of the above writ petition.

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Counsel for the Petitioner: SRt. cUDl MADHUSUDHAN REDDY

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Counsel for the Respondents: AGp FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI^{JUSTICE N.V.SHRAVAN KUMAR}

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WRIT PETI TION No.2O88a 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^{learnedcounsel on either side that} subject matter of this^{writ petitionis squarelycoveredby the common} order dated 18.02.2022^{passed by this Court in W P' No'328 of 2022} and batch as modified^{by the order dated 22.02.2022in l'A' No'2 of} 2022 irt W.P. No.2985^{ol 2022 and batch, as such, this writ petition} may be disposed of^{in terms thereof.}

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Therefore, following the^{commonorder dated18'02} '2022^passed by this Court in W.P.^{No.328 of 2022 and batch as modifiedby the} order dated 22.02.2022 in^{I.A. No.2 of 2022 in W.P. No'2985 of 2022} and batch, in terms thereof,^{this writ petition is disposed of as under} without any order as to coqts:

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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 withoutreferenceto} the Memo Nos.G2l257 12019^{dated26.Oa.2O2O al:d} 29.12.2O2O issued by the^{respondent -} the Commissioner and^{Inspector General of Registration} and Stamps, Telangana;^{Letter No.45/TP/NMC/2019} dated 01.11.2019^{issued by the respondent-the} Commissioner, Municipal^{Corporation,2 Nizampetto} the respondent - the^{SubRegistrar,} Quthbullapur, Ranga Reddy District, and^{similar letters, if aly, issued} by the various Municipa-l^{Commissionersin the State,}

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subject to the petitioner(s) complying with the provisions of the Indian Registration Act, 1908, and Indian Stamp Act, 1899. It is open to the Registering Authority to refuse/receive the document(s) presented before trim, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner(s);

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(ii) the lespondent - 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 registrat.ion so done is subject to outcome of SLp (Civil) No.19695 of 2O2l filed by the State Government before the Honble 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'bte 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 artd also in the encumbrance record, website etc.

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As a sequr:l thereto, miscellaneous applications, if any, pending

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in the writ petiti()n shail stand closed.

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SD/.B.SATVAVATHI ASSISTANT REGISTRAR t //TRUE COPY// SECTION OFFICER

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To,

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The Principal Secretary, Revenue^(stamps and^{Registration), State of} Telangana, Secretariat, Hyderabad

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The Commissiroer and^{lnspector General of Registration and stamps} Telangana, Hyderabad

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The Sub Registrar, Asifabad,^{KomurambheemAsifabad District}

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One CC to SRl. GUDI MADHUSUDHAN REDDY Advocate

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Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad.

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Two CD copies

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One spare copy

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HIGH COURT

DATED:2710412022

ORDER

WP.No.20888 of 2022

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¶54

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Kompari Raju v. State of Telangana

Case brief

What is this about?

What did the court decide?

Kompari Raju v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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