Disposed

Yellam Kala v. State of Telangana and 2 Others

Telangana HC24 Mar 2022WP/2714/2022

Case brief

AI extract

What is this about?

The Telangana High Court dispensed a writ petition challenging the refusal to register land documents. The court directed the Sub-Registrar to register sale deeds without reference to restrictive memos, subjecting the registration to the outcome of a pending Supreme Court appeal (SLP 19695 of 2021) regarding Farmland and Buffer Zone regulations.

What did the court decide?

The Sub-Registrar was directed to register the documents without referring to the restrictive memos, with an endorsement that the registration is subject to the Supreme Court judgment in SLP 19695 of

Yellam Kala Vs State of Telangana and 2 Others — Land Acquisition | Telangana HC (2022)

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

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THURSDAY, THE TWENTY FOURTH^{DAY OF [,4ARCH} 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: 2714 OF²⁰²²

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Between:

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Yellam Kala, W/o. Y.Dasaratha, Aged about^{42 years,Occ: housewife,Rl/oLIG 03, APIIC} colony, EC complex,^{Kushaiguda, Hyderabad.}

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...PETITIONER

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AND

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1 . State of Telangana, Rep by^{its Principal Secretary, Revenue (Stamps and} Registralion ) Secretariat,^Hyderabad-

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

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The Sub Registrar,^{Keesara, Medchal Malkajigiri District}

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.,.RESPONDENTS

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Petition under Arlicle 226 of the^{Constilution of lndia prayingthat in the} circumstances stated in the affidavit^{filed lherewith,the High court may be pleasedto} issue writ order or direction more^{particularly one in the nature of writ of mandamus} declaring lhe action of the respondents^{in refusingto receive, process, registerand} release the document for^plot No 315^{part and 316 extent 133.33sq.yards in sy No.} 152t1, 153t18 and 15411 situated at Kundanpally^{village, Keesara Mandal,Medchal} Malkajigiri District relying upon the memo^{issuedby the respondent No.2 vide} G2l257t2o1g daled 26.8.2020 and clarification^{memo no. G2125712019daled 29.12.2020} as arbitrary and illegal and contrary to^{the provisions RegistrationAct1908and} consequently direct the the^{respondentsto receive, process, registerand release the} document^present by the^petitioner for the open^{plot No. 315 part and 316 extent 133.33} Sq.Yards in sy No. 15211, 153t18 and^{15411 ln surveyNo.15211} ,^{153118 and15411} situated at Kundanpally village, Keesara^{Ir,4andal,Medchal Malkajigiri Districtwithout} referring to the memo issued by the respondent^{No 2 vide G2125712019daled26.8.2020} and memo no. G2125712019^{daled 29.12.2020.}

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lA NO: 1 OF 2022

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Petilion under Section 15'1 CPC^praying that^{in the circumstancesstated in the} affidavit filed in support of the^{petition,the High Court maybe pleased to direct the} respondent No 3 to receive, register and^{release the sale deed in respect of vacant open} plot No.3'15 part & 316 extent 133.33 sq.yards in survey No. 15211 ,153/1B and^154/1 situated at Kundanpally village, Keesara^{I,4andal,Medchallr,4alkajigiri Districtwithout} referring to the memo lssued by the respondent^No. 2^{videG2125712019 dated}

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26tOAt2O2O and clarification memo no.^{G2125712019daled 29.12.2020 pending disposal} of the above writ^petition.

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Counsel for the Petitioner : SRI GUDI MADHUSUDHAN^REDDY Counsel for the Respondents : GP FOR REVENUE(STAMPS AND^{REGISTRATION)} The Court made the following : ORDER

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i I

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.27l4 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 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 rnodified by the 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 of in terms thereof.

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This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the sub.ject 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 tlre writ petition.

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ln view of the above, recording the aforesaid subrnission 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 terrns 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 of SLP (Civil) No.19695 of 2021 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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I I

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Registrar shall make an endorsement informing/cautioning the purchasers that risk is involved in purchase ol such plots; such transactions are hit by relevant statutory provisionsl tliat registration of the sa;ne is subject to outcotne of orders of thc Hon'ble Supreme Court in SLP (Civil) No. 19695 of 2021 . To that cl-fecr, an endorsenrcnt shall be made in the encuntbralrce rccord. rvcbsitc ctc.

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(B) If the subject documenVs is/are not yet registered and released pursuant to the interinr order';

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(i) the respondent - Sub-Registrar is directcd to registcr the document of sale, transf'er and giti etc., presented for rcgistration by the petitioner/s without reference to the Memo Nos.C2l257r2019 dated 26.08.2020 and, 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration ancl Starnps, Telangana; Letter No.45ITP,NMC/2019 dated 0l.l 1.2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Itanga 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 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 outcome of SLP (Civil) No.19695 of 2021 filed by the State Govemment before the Hon'ble Supremc Court; and

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(iii) in case, it is found that there is any violation of law like plots / lands / structures being sold fbrm part of F.T.L. and Buff'er Zone / Plots having less than 30 feet road width acccss, the Sub Registrar shall make an endorsement informing / cautioning the purchasers that risk is involved in purchase of such plots; suqh 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 of 2021. To that effect, an endorsemenr shall be made on the reverse side ofthe first / second page of the document and also in the encumbrance record. website etc.

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

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writ petition stand closed.

SD/.T.SRINIVAS

ASSISTANT REGISTRAR

,TRUE COPY//

u"ffif-,u,

To, 1. The Principal^{Secretary, Stateof Telangana Revenue (Stamps and Registration)} Secretariat,^HYderabad.

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The Commissioner^{and lnspector Generalof Registration and Stamps, Telangana'} Hyderabad.

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3 The Sub Registrar, Keesara, Medchal [,4alkajigiri District 4 One CC to SRI GUDI I/ADHUSUDHAN REDDY Advocate [OPUC] 5 Two CCs to GP FOR REVENUE(STAMPS AND REGISTRATION), High Court for the State of Telangana. [OUT]

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