Allowed

Yellam Kavitha v. The State of Telangana and 2 Others

Telangana HC24 Mar 2022WP/2266/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking registration of a sale deed for open plots. The court directed the Sub-Registrar to register the document without reference to restrictive memos, but with an endorsement cautioning purchasers of potential legal risks pending the Supreme Court's decision on a related SLP.

What did the court decide?

Sub-Registrar directed to register the document without reference to specific memos, with endorsement noting registration is subject to outcome of SLP (Civil) No.19695 of 2021.

Yellam Kavitha Vs The State of Telangana and 2 Others — Property and Title | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE TWENTY FOURTH DAY OF MARCH

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TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 2266 OF 2022

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Between:

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Yellam Kavitha, Wo Yellam Padma rao Aged about 48 years Occ. House wife Rio EWS 62, APIIC colony, EC complex Kushaiguda, Hyderabad

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...PETITIONER

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AND

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The State of Telangana, Rep by its Principal Secretary, Revenue (stamps and Registration) Secretariat, Hyderabad.

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The Commissinoer, And lnspector General of Registration and stamps Telangana, Hyderabad.

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The Sub Registrar, Keesara Medchal Malakajigiri 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 writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in refusing to receive, process, register and release the document for plot No. 317 and 318 extent'150 sq.yards in survey No. 15211, 153/18 and 154/1 situated at Kundanpally village, Keesara Mandal, Medchal Malkajigiri District relying upon the memo issued by the respondent No. 2 vide G2125712019 dated.261812020 and clarification memo no. G2125712O19 dated 29112/2020 as arbitrary and illegal and contrary to the

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provisions Registration Act 1908 and consequently direct the the respondents^to receive, process, register and release the^{document present,by the petitionerfor} the open plot No. 317 and 318 extent 150 sq.yards^{in survey No. '15211} ,^153/1B and 1 541156 situated at Kundanpally^{village, Keesara Mandal, Medchal Malkajigiri} District without referring to the memo issued^{by the respondent No 2 vide} G2125712019 dated 261812020 and memo no.^{G2125712019 dated2911212020.}

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in 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 in respect of vacant open plot No. 317 and 318 extent^'150 sq.yards in survey No. 15211, 153118 and 15411 situated at Kundanpally village, Keesara Mandal, Medchal Malkajigiri District without referring to the memo issued by the respondent No. 2 vide G2125712019 daled 261812020 and clarification memo no. G2125712019 daled 2911212020 pending disposal of the above writ^{petition .}

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Counsel for the Petitioner :SRl. GUDI MADHUSUDHAN REDDY Counsel for the Respondent Nos 1 to 3: GP FOR REVENUE The Court made the following: ORDER

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HONOUR,\BLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.2266 OF 2022

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oRpER (ORAL) :

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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 rnatter of this writ petition is squarely covered by the cornmon order passed by this Court in W.P.No.328 of 2022 and batch daterl 18.02.2022, as rnodified 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 serve any purpose, as such, the sarne may be disposed of in terrns thereof.

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

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In view of the above, recording the aforesaid submission of the learned counsel on either side, following the common order dated 18.02.2022 in W.P. No.328 of 2022 and batch, as modified by the order dated 22.02.2022 in l.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 released pursuant to the interirn order;

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(i) the document/s registered by the Sub-Registrar shall be subject to outcome ofSLP (Civil) No.19695 of2021 hled by the State Govemment before the I{on'ble Suprerne Courl; and

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(ii) 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 ZonelPlots having less than 30 feet road width access, the Sub

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Registrar shall makc an endorsc[rent infbnning/cautioning the purchascrs that risk is involved in purchasc of sucli 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 irr SLP (Civil) No. 19695 of 2021 . To that effect, an cndorsernent shall be made in the encumbrancc record, website etc.

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(B) If the subject document/s is/are not yet registered and released pursuant to the interint ordcr;

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(i) the respondcnt - Sub-Registrar is directed to registcr the document of salc, transfbr and gift etc., prcsented for rcgistration by the petitioner/s without refercncc to the Mcmo Nos.G2l2 5712019 d,ated, 26.O8.2020 and 29.12.2020 issued by the respondcnt-the Commissioner and Inspector Gencral of Registration and Stamps, Telangana; Lettcr No.45lTP,'iNMC/2019 dared 0l.l 1.2019 issued by the respondent{hc Commissioner, Municipal Corporation, Nizampet to the respondenfthe 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 sha[[ make an cndorsement at the rcverse 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 thc State Govemment before the Hon,ble Supreme Court; and

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(iii) in casc, it is found that therc is any violation of law like plots / lands / structures being sold lorm part of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement inlorming / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration of the sarne is subject to outcome of orders of the Hon'ble Supreme Court in SLp (Civil) No.19695 of2O2l. To that effcct, an cndorsement shatt be made on the reverse side of 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 in this

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writ petition stand closed.

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//TRUE^COPY//

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SD/-T.TIRUMALA^DEVI ASSISTANT^REGISTRAR

,/M:

SECTION^OFFICER

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To, 1. The Principal Secretary State of^{Telangana, Revenue(stamps and} Registration) Secretariat, Hyderabad.

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1. The Commissinoer, And lnspector^{Generalof Registrationand stamps} Telangana, Hyderabad.

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1. The Sub Registrar, Keesara Medchal^{Malakajigiri district} 4. One CC to SRl. GUDI MADHUSUDHAN^{REDDY, Advocate} [OPUC] 5. Two CCs to GP FOR REVENUE^(TG) ,High^{Courtfor the State of Telangana.} tOUI

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