Allowed

Pola Vinod Kumar v. The State of Telangana

Telangana HC28 Apr 2022WP/22008/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the refusal to register sale deeds due to aMemo prohibiting unauthorized plots. The court directed the Sub-Registrar to register the documents but with an endorsement cautioning purchasers about potential violations of FRL and Buffer Zone rules pending Supreme Court intervention.

What did the court decide?

Directed the Sub-Registrar to register sale deeds with an endorsement cautioning purchasers that transactions involve risk if they violate FRL/Buffer Zone provisions pending Supreme Court orders.

Pola Vinod Kumar 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 HON'BLE SRI JUSTICE A. ABHISHEK REDDY

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WRIT PETITION NO: 22008 OF 2022

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Between:

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Pola Vinod Kumar, S/o. Pola Yadagiri, Aged about 38 years, Occ. Business, R/o. H.No. 4-107 11, Kondanagula, Nagarkurnool District..

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Vempati Veeramani, D/o. Pola Jagadeeswar, Aged about 48 years, Occ. Household, R/o. H.No. 2-5-110, Bodrai Bazar, Suryapet, trOuO"l..B!r]r+:5".*

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AND

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

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2 The Commissioner and lnspector General of Registration and Stamps, .> Telangana, The Sub-Registrar, HyderabadAchampet, Nagarkurnool District

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RESPONDENTS

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Petition under Article 226 ol lhe 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 Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents No. 3 in refusing to receive register and release the sale deeds presented by the Petitioner in respect of the Plot Nos. 11 , 12, 36, 43, 44, 45 (total 6 Plots) out of land in Sy.No. 77lA/3/2 admeasuring Ac.1- 05 gts, in Sy.No. 77lAl3 admeasuring Ac.1- 00 gts total admeasuring Ac.2- 05 gts situated at Tangapur Village, Achampet lr/andal, Nagarkurnool District, in pursuant to the MEN/O No. G212571201 9, dated. 25-08-2020, issued by the Office of the Respondent No,2, under Prohibition of registration of unauthorized plots and buildings against the Petitioner's Piots, as arbitrary, illegal, without any jurisdiction contrary to the Provisions of the Registration Act 1908 and in violation of Article 14 of Constitution of lndia and consequently direct the Respondents No.3 herein to receive register and release the sale deeds presented by the Petitioner in respect of his land, without reference to letter IMEMO. No. G2125712019, dated. 26-08-2020, issued by the Office of the Respondent No.2\

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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 High Court may be^pleased to direct the Respondent No.3 to receive register and release the Sale Deed/s Presented by the Petitioner in respect of the Plot Nos. 11,12,36,43,44,45^(total 6 Plots) out of land in Sy.No. 77lAl3l2 admeasuring Ac.1- 05^gts, in Sy.No.^77lAl3 admeasuring Ac.1- 00^gts total admeasuring Ac.2- 05^gts situated at Tangapur Village, Achampet [r4andal, Nagarkurnool District, without reference to lVEIr,4O No. G2125712019, dated. 26-08-2020, issued by the Office of the Respondent No.2, pending disposal, of the above Writ Petition

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Counsel for the Petitioner: SRI K. NARSIMHA REDDY

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Counsel for Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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!I \

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THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION No.22OO8 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 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^ar.d 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.32a ol 2022 and batch as modified by the^order, dated 22.O2.2022, 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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(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 No.G2l257 l2Ol9, dated 26.08.2020,^{issuedby the}

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respondent - the Commissioner and Inspector^{Generai of} Registration and Stamps, Telangana;

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(ii) the Sub-Registrar 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}

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outcome of SLP^{(Civil)No.19695 ol 2027 fi1ed by the State} Government before^{the Hon'ble SupremeCourt; and} (iii) in case, it is found^{that there is any violation of law} like plots/ lands /^{structuresbeing sold form part of F'T'L'} and Buffer Zone f^{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 ordersof the Hon'bleSupreme} Court in SLP^{(Civi1) No.19695 of 2021. To that effect, an} endorsement shall be^{madeon the reverse side of the} first/ second page of^{the document and also inthe} encumbrance^{record, websiteetc.}