Allowed

P.Chandra Mohan and another v. The State of Telangana and 2 others

Telangana HC27 Apr 2022WP/21579/2022

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition seeking mandatory registration of sale deeds for specific plots. The Court directed the Sub-Registrar to register documents without reference to prior withholding memos but required endorsements regarding pending Supreme Court litigation.

What did the court decide?

The respondent Sub-Registrar is directed to register sale documents without reference to withholding memos, subject to statutory compliance and specific endorsements regarding pending Supreme Court pr

P.Chandra Mohan and another Vs The… — Constitutional and Fundamental Rights | 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:21579 OF 2022

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Between:

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'1 . P.Chandra Mohan and another, S/o.Lingaiah Naidu Aged about 47 years, Occ .Business Rl/o.Bhoothpur Village and Mandal Mahabubnagar District, Telangana State.

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Satthur Ashok Goud, S/o.Seenaiah Goud Aged about 57^years, Occ Business Rl/o. Bhoothpur Village and ltrlandal lrilahabubnagar District, Telangana State.

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...PETITIONERS

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AND

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The State of Telangana, Rep by its Principal Secretary Stamps and Registration Depadment, Secretariat Buildings, BRKR Bhavan, Tank bund, Hyderabad.

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The Commissioner and lnspector General Of Registration and Stamps, M.J Market, Hyderabad, Telangana State.

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The Sub-Registrar, [\ilakthal Narayanapet District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Dlrection, more particularly one in the nature of Writ. of Mandamus, declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deed presented by the Petitioners in respect of Plot No.76 admeasuring 150 sq.^yards in Sy.No.533/4 and 534 situated at Makthal Devarkadra Village and Mandal, Mahabubnagar District, on the Ground of Memo bearing No.G2125712019 dated.26.08.2020 and 29.12.2020 issued by the 2nd respondent as illegal, arbitrary, without^{jurisdiction,} contrary to the^provisions

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of Registration Act-1908, and Violation^{of Article14 of Constitutionof lndia, and} consequently direct the 3rd Respondent to receive,^{registerand release the sale} deeds^presented by the Petitioners^{withoutreference toMemobearing} No.G2l257l2O19 dated 26.08.2020 and 29.12.2020^{issued by the 2nd respondent}

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lA NO: 1 OF 2022

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Petition under Section 151 CPC^praying that^{in the circumstances statedin} the affidavit filed in support of the^{petition, the HighCourt may be pleasedto direct} the respondent No.3 herein to^{receive, register and release the saledeed} presented by the Petitioners in respect of Plot No.76 admeasuring^'1 50 sq.^{yards in} Sy.No.533/A and 534 situated at Makthal^{DevarkadraVillage andltrlandal,} Mahabubnagar District, without reference to Memo^{bearing No,G2125712019dated} 26.08.2020 and 29.12.2020 issued by the^{2nd respondent, pending disposal of the} main Writ Petition

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Counsel for the Petitioners : SRI. T RAJINIKANTH REDDY Counsel for the Respondents GP FOR STAMPS AND REGISTRATION The Court made the following ORDER

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.21579 of 2022

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ORDER:

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Heard 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 1a.O2.2O22 passed by this Court in W.P. No.328 of 2022 and batch as modified by the order dated 22.02.2022 in LA. No.2 of 2022 in W.P. No.2985 of 2022 and batch, as such, this writ^petition may be dis-posed 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 22.02.2022 in I.A. No.2 of 2022 in W.P. No.29B5^{of 2022} and batch, in terms thereof, this writ^petition is disposed of^{as under} without any order as to costs:

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(i) The respondent - Sub-Registrar is directed to register the document of sa1e, transfer and^gift etc.,^presented for registration by the petitioner/s without reference to the Memo Nos.G2/257 12019 dated 26.08.2020 and the 29.12.2020 issued by the respondent - Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TPINMC/^{20 19} dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, 2 Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, ald similar letters, if any, issued by the various Municipal Commissioners in the State'

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subject to the petitioner(s) complying with the provisions of the lndian Registration Act, 1908, and Indian Stamp Act, 1899. It is open to the Registering Authority to refuse/receive the document(s) presented before hirn, 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 respondent - Sub-Registrars in the State sha.ll 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 2O2l filed by the State Government before the Honble Supreme Court; ald

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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 sha11 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'ble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an endorsement shall be made on the reverse side of the Iirst / second page of the document and aLso in the encumbrance record, website etc.

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As a sequel thereto, miscellaneous applications, if any, pending

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in the writ petition shall stand closed.

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To,

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1 The Principal^{Secretary Stamps and Registration Department' Secretariat} eridi"dl, HRxHEi;;;;";i;;i^{b;no' rnt st"t" or r6lansana'Hvderabad'}

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2 The Commissioner^{and lnspector General Of Registration and Stamps' M J'} trltait<et, UyOetabad,^{Telangana State'}

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The Sub-Registrar, lr/akthal Narayanapet District.

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One CC to SRl. T RAJTNTKANTH REDDy Advocate [OpUC]

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Two CCs to GP FOR STAMPS AND REGISTRATTON ,High Court for the State of Telangana At Hyderabad. [OUT]

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Two CD Copies

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One Spare Copy

N/SL BS \ ,. A \Y"s

HIGH COURT

DATED:2710412022

ORDER

WP.No.21_579 of 2022

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

P.Chandra Mohan and another v. The State of Telangana and 2 others

Case brief

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P.Chandra Mohan and another v. The State of Telangana and 2 others

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