Dismissed

Siddam Tirupathi v. The State of Telangana

Telangana HC24 Mar 2022WP/2505/2022

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition seeking registration of sale deeds. Relying on common orders in related matters, the court directed the sub-registrar to register documents without reference to specific memos but with mandatory warnings about FTL buffer zones and pending Supreme Court litigation.

What did the court decide?

Writ petition disposed in terms of common order; direct Sub-Registrar to register sale deeds with mandatory warnings and conditions regarding pending SC litigation.

Siddam Tirupathi Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2022)

¶1

A;'

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶3

THURSDAY, THE TWENTY FOURTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO

¶4

PRESENT

¶5

THE HONOURABLE SRIJUSTICE B.VIJAYSEN REDDY

¶6

WRIT PETITI ON NO :2505 OF 2022

¶7

Between:

¶8

!jA{am^Tirupathi,. . -S/o _Cfq1O1qiah,^{Aged about 57 years,Occ} qusiness, R/o. H.No.5-435/1 ,lqbal AfrmtA Nagar, iVtancherial, lVlancherial District, Telangana

¶9

...PETITIONER

¶10

AND

¶11

The.State of Telangana, Rep by its principal Secretary Stamps and Kegrstratton Department, Secretariat Buildings, gRKR Bhavdn, Tank bund, Hyderabad.

¶12

The Commissioner and lnspector, General of Registration and Stamps, IVl.J. Market, Hyderabad, Telangana Stite.

¶13

The Sub-Registrar IVancherial,, Mancherial tVandal and District.

¶14

.,.RESPONDENTS

¶15

Petition under Articre 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed there witi-r, the"High court may be pleased to issue an appropriate writ, order of direction more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not receiving, registering and releising the sale deed presented by the petitioner-in respect of ptot bearing No's.1 to 10, 12 to 25, 2StA, 26,38,39, 40, 45, 46, 47, 49, SO, 51, Sr, 53,54,96, 97,98, 1i9 and 120, in Sy.No,s.33S,34Ol4 ana tqOrc Situated at Jaipur Viilage any' rViandar, rVtancheriar District, on the Ground [vemo bearing No.G2l257t2019 26.08.2020 and 2s.12.2020 issued by tri6 respondent as illegal, arbitrary, without jurisdiction, contrary to the provisions or Registration Act-190g, and Violation of Article 14 of constitution of lndia, and consequently direct the 3rd Respondent to receive, register and release the sare deeds presented

¶16

¶17

by the Petitioner^{withoutreferenceto l,4emo bearingNo,G,|125712019} daled 26.08.2020 anc^{29.12.2020 issuedby the 2nd responde nt}

¶18

A NO: 1 OF 2022

¶19

Petition under Section^{151 CPC prayingthat in the circumstances} stated irr the^{affidavit filed in supportof the petition, the High Court may} ue pteas,eo to direct^{the respondent No.3 herein to receive, rr:gister and} release the sale^{deerd presented by the Petitioner in resp:ct of Plot} bearing No's.l to^{10, 12lo 25' 25tA,26, 38, 39, 40, 45, 46, 47' 49' 50'} 51, 52: $,54,^{96, 97, 98, 119 and120, in Sv.No's'335'34014and 34016} situated at Jaipur^{"/illage and lVlandal, t\4ancherial District,without} referenc,e to^{[\r'lemo bearing No.G2125712019dated 26'08'2020and} 29.12.2020 issued^{b)'the 2nd respondent'pending disposal'>f the main} Writ Petition,

¶20

Counsel for the^{Petitioner:SRl. THOOM SRINIVAS}

¶21

Counsel forthe Respondents^{: GP FOR STAMPS AND} REGIST'RATION

¶22

The Cor.rrt made the following:^ORDER

¶23

¶24

I I

¶25

IIo\OT'R,\ttI,I., SITI Jt. S'I'ICE I}. VI.],\'SEN RIJI)DY

¶26

\/ltl'f' PETITI0N No.2505 Olt 2022

¶27

ORDER (ORAL) :

¶28

Heard both sidcs and perused the rnaterial on record.

¶29

lt is subrnittecl lry the learnecl counsel on either sicie that subject rnatter 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 tlre order dated22.02.2022 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 same rnay be disposed olin terms thereof.

¶30

This Court passed interirn order in this writ petition directing the respondents to receive, process, register and release the subject documenVs. However, conditions were irnposed that (a) the^petitioner/s is/are not perrnitted to withdraw the writ petition and (b) registration shall be subject to final result oF the writ petition.

¶31

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 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:

¶32

(A) If the subject document/s has/have already been registered and

¶33

released pursuant to the interim order;

¶34

(i) the documenVs registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2O2l filed by the State Govemment before the Hon'ble Supreme Court; and

¶35

(ii) in case, it is found that thcre 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

¶36

¶37

¶38

Rcgistrar shall n.rakc an cndorsernent infonning/cautroning the purchascrs that risk is involvcd in purchase of such 1,1tl15; sush transactions arc hit by relcvant statutory provisions; that registration olthe sarnc is subject to outcorne ofordcrs olthe Hon'bl: Suprcnre Court in SLP (Civil) No.19695 ol 202t. To rhat cfflcct, an endorselncnt shall be rnadc in the encunrbrancc rccord, rv(:bsite etc.

¶39

(B) If the subject docurnent/s is/are not yet registered and released pursuant to the interim order;

¶40

(i) thc respondent - Sub-Registrar is directecl lo r( gister the document of sale, transfer and gift etc., prcscnted ibr rcgi ;tration by tlre petitioner/s without rcfcrencc to the Merno Nos.G2l2 57 /2}lg datcd, 26.08.2020 and 29.12.2020 issucd by the rcsp,rndent-the Cornrlissioner and Inspector General ol'Registration and Stamps, Tclangana; Lcttcr No.45ITP/NMC/2019 datcd 0l.ll.2( l9 issued by the respondent{he Commissioner, Municipal Corporation, Nizanrpet to thc respondent-thc Sub Rcgistrar, Quthbullapur, Ranga Reddv District, and sirnilar lcttcrs, if any. issued by tlre various Municipal Commissioners in the State;

¶41

(ii) the Sub Registrars in the State shall rnake an endorscrtent at the rcvcrse side of thc first page of the docurncnt rcferred ilr direction No.(i) that registration so done is subjcct to outcome of SLp (Civil) No.19695 of 2021 filed by the State Govcmmcnt bcforc tle Hon,ble Supre:ne Court; and

¶42

(iii) in case, it is found tl.rat there is any violation of law Jike plots / lands^/ structures being sold fbrm part of F.T.L. and Bulfer Zone / Plots raving lcss than 30 fcet road width access, thc Sub Registrar shall :nake an endorsement informing / cautioning the purchasers that risk is involved in purchase ofsuch plots; such transt ctions are hit by relevant statutory provisions; that rcgistration of tlrc same is subject to outcome of ordcrs of the Hon'blc Supreme Corrrt in SLp (Civil t No.l969 5 of 2O2l . To that effect, an endorsemerrt shall be made on the reverse side of the first / second page ot'the document and also in the encumbrance record. websitc etc.

¶43

As a sequel thereto, rniscellaneous petitions, if any, pendilrg in this

¶44

writ petition stand closed.

¶45

SD/-^(.ONESIM

¶46

¶47

ASSISTANT^REGISTRAR] //TRUE COPY// SECTIOI^OFFICER

¶48

¶49

To,