Disposed

Vasireddy Rajendra Babu v. State of Telangana

Telangana HC22 Mar 2022WP/26909/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking registration of sale deeds by following the terms of a common order in W.P. No. 328 of 2022. The court directed the Sub-Registrar to register the documents but imposed a condition requiring an endorsement stating that registration is subject to the outcome of a pending Supreme Court appeal.

What did the court decide?

Directed the Sub-Registrar to register the sale documents without reference to the Memo, subject to the outcome of a pending Supreme Court appeal, with mandatory cautionary endorsements.

Vasireddy Rajendra Babu Vs State of Telangana — Civil Procedure and Limitation | Telangana HC (2022)

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HIGH COURT FOR THE STATE^{OF TELANGANAAT, HYDERABAD} (Special Original Jurisdiction)

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TUESDAY ,THE TWENTY SECOND DAY^{OF MARCH} TWO THOUSAND AND TWENry^TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN^REDDY

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WRIT PETITION NO: 26909 OF 2021

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Between:

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Vasireddy Rajendra Babu, S/o.Bhaskararao Aged^{49.years,Occ.Business} R/o. Plot'No.763, Vasanth Nagar, Kukatpally,^Hyderabad

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...PETITIONER

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AND

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State of Telangana, rep.by its Principal Secretary^{Revenue(Stamps and} Registratlon) Department, Secretariate, Hyderabad.

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The Commissioner and lnspector, General of Registration^{and Stamps,} Telangana, Hyderabad.

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The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri^District.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed^therewith, the^{High Court may be} pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not entertaining petitioners sale transactions for registration on the basis of Memo No.G2l25712019 issued by the 2nd respondent as illegal, arbitrary and in violation of orders^passed in WP.No. 9248 of 2021 dated 23.8.2021 and to consequently direct the^3rd respondent to receive , register and release the sale deeds^pertaining to FIat Nos.402 and 404 (in fourth Floor) in the Apartment Shyamala Residency situated in Plot No.1/Part(Marked as 1/B) and Plot No.1/Part(Marked as 1/C) and Plot No.2/ Part(Marked as 2lA) in Sy.No.326 Part, Nizampet Village, Bachupally Mandal, Medchal-Malkajgiri District notwithstanding the Memo issued by the 2nd respondent.

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IA NO: 1 OF 2021

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Petition under Section 15 1 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 3rd respondent to receive, register and release sale deeds of the petitioner in respect of Flat Nos.402 and 404 (in fourth Floor) in the Apartment Shyamala Residency situated in Plot No 1 / part(Marked as 1/B) and plot No.^.1 /part(Marked as^'1lc) and Plot No.2/Part(Marked as 2iA) in sy.No.326 part, Nizampet Village, Bachupally Mandal, Medchal-Malkajgiri District without reference to Memo No.G2125712019 issued by the 2nd respondent pending disposal of the writ Petition.

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Counsel for the Petitioner: SRl. V V SATISH

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Counsel for the Respondents: Gp FOR REVENUE

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The Court made the following: ORDER

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I i

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, T

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IIONOT]IIABI,t.] SRI JT]S1'ICI] t}. VIJAYSEN REDDY

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WRIT PETITION No.26909 OF 2021

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ORDER (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 matter of this writ petition is squarely covered by the cornmon order passed by this Court in W.P.No.328 of 2022 and batch dated 18.02.2022, as rnodified by the order <lated22.02.2022 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 may be disposed of in terms thereof.

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This Coun 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 perrnitted 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 leamed 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:

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(A) If the subject docurnent/s has/have already been registered and released pursuant to the interim order;

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(i) the document/s registered by the Sub-Registrar shall be subject to outcome ofSLP (Civil) No.19695 of202l filed by the State Govemment before the Hon'ble Supreme Court; 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 rnake an cndorscment infoming/cautioning thc purchasers that risk is involved in purchase of such plots; such transactions arc hit by rclevant statutory provisions; that rcgistratioi,t of thc same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No. l9(r95 ot 2021 . To that cffect, an endorsement shall be madc in the encumbrance rooord, website ctc.

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(B) If the suhject docurnent/s is/are not yet registercd and released pursuant to the interirn order;

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(i) the respondent - Sub-Registrar is dirccted to register the document of sale, transfer and gift etc., presented for registration by the potitioner/s without reference to thc Memo Nos.G2l251/2019 datcd 26.O8.2020 and 29.12.2020 issued by the respondent-thc Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP,6JMC/2019 dated 0l . 1 I .201 9 issued by the respondent-the Commissioner, Municipal Corporation, Nizarrpet to the respondcnt-the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar lctters, if any, issucd by tho various Municipal Commissioners in the State;

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(ii) thc Sub Registrars in the State shall make an cndorsement at the reverse side of the first page of the document referred in direction No.(i) that registration so done is subject to outcorne ofSLP (Civil) No.l 9695 of 2021 hled by the State Govemment bciore the Hon'ble Suprerne Court; and

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(iii) in case, it is found that there is any violation of law likc plots / lands / structures being sold form part of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, tl.re Sub Registrar shall rnake an endorsement infonning / 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 thc Hon'ble Supremc Court in SLP (Civil) No.19695 of 2021. To that effect, an endorscment shall bc made on the reverse side of the lirst / second pagc of the document and also in the encumbrance rccord, website etc.

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As a sequel thereto, miscellarreous petitions, if any, pending in this

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writ petition stand closed.

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SD/- A.V.S.S.C.S.M. SARMA DEPUTY REGISTRAR t u)

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//TRUE COPY//

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SECTION OFFICER

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To,