Disposed

Smt.Mamilla Saritha v. The State of Telangana

Telangana HC22 Mar 2022WP/27461/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging the refusal to register a sale deed. Following a common order, the court directed the sub-registrar to register documents. Registrations are subject to the outcome of a Supreme Court SLP pending before the court.

What did the court decide?

Directing the Sub-Registrar to register the sale document with an endorsement cautioning about FTL/Budfer Zone violations and subject to the Supreme Court pending SLP.

Smt.Mamilla Saritha 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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TUESDAY, THE TWENTY SECOND DAY OF IVARCH 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: 27461 OF 2021

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Between:

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Smt.lVamilla Saritha, W/o M.Krishna Reddy Aged about 46^years, Occ- House wife, Fl/o. Plot.No.2'1lF, Janapriya Enclave, l\Iansoorabad, L.B.Nagar, Hyderabad.

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..PETITIONER

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AND

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1 . The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad

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The Commissioner, and lnspector General of Registration and Stamps, Telangana State at Hyderabad.

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The Sub-Registrar, Uppal, Ivledchal- Malkajgiri 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 toto issue a Writ, Order or Direction, more particularly, one in the nature of Writ of l/andamus, by declaring the action of the 3ra respondent in not receiving and to register and release the sale deed presented by the petitioner in respect of the Semi-finished Flat No.101, in First Floor, of Brundhavanam Diamond' with plinth area of 2200 Sq.Fts., (including common areas and Car Parking area), together with undivided share of land admeasuring 75 Sq.Yrds., or 62.7 Sq.Mtrs., out of total land admeasuring 299.99 Sq.Yards., or 250.79 Sq.Mtrs., bearing Part in portion of House bearing No.2-3-826, on Plot Nos.2 Western Part and 3 Eastern Part, Situated at Street No. 14, Co Operative Bank Colony, Nagole, under GHMC, Hayathnagar Circle, Uppal Mandal, MedchalMalkajgiri District, Telangana State, on the basis of Memo No.G2125712019, issued by the 2nd respondent as illegal, arbitrary, unlawful, without^jurisdiction

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and contrary to the^provisions of the Registration^{Act,'1 908 and in violation of} Article 14 of Constitution of lndian and consequently^{to directthe 3rd respondent} to receive, register and release the sale^{deed presentedby the petitioner in} respect of above said^{property,notwithstandingthe lt4emoNo.G2125712019,} issued by the 2nd respondent.

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IA NO: 1 OF 2021

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Petition under Section 151 CPC^praying that in the^{circumstances statedin} the affidavit filed in support of^{the petition, the HighCourt maybe pleased to} direct the 3rd respondent to receive,^register and^{release the saledeed} presented by the petitioner in respect of Semi-finished Flat No.101, in First Floor, of Brundhavanam riamond with^plinth area^{of 2200 Sq.Fts., (includingcommon} areas and Car Parking area), together^{with undivided share of land admeasuring} 75 Sq.Yrds., or62.7 Sq.Mtrs., out of total land admeasuring^{299.99 Sq.Yards., or} 250.79 Sq.Mtrs., bearing Part in^portion of House bearing^{No. 2-3-826, on Plot} Nos. 2 Western Part and 3 Eastern Part, Situated at Street^{No. 14, Co-Operative} Bank Colony, Nagole, under GHMC, Hayathnagar Circle,^UppalMandal, Medchal-Malkajgiri District, Telangana State,without^{reference toMemo} No.G2125712019, issued by the 2nd respondent,^{pending disposal of the above} writ petition.

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Counsel for the Petitioner : SRl. METTU SHANKAR Counsel for the Respondents : GP FOR STAMPS AND^REGISTRATION The Court made the following : ORDER

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IIONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.27461 OF 2021

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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 leamed counsel on either side 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 nrodilred by the order dated22.02.2022 in LA.No.2 of 2022 in W.P.No.2985 of 2022 and batch, and therefore, keeping the rnatter pending will not serve any purpose, as such, the same may 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 subject document/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted 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 modifred 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 interim 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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Registrar shall make an endorsement^{informing/cautioningthe} 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'ble Supreme} Court in SLP^(Civil) No.19695 of^{2021. To that effect, an} endorsement shal1 be made in^{the encumbrancerecord, websiteetc.}

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

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(i) the respondent - Sub-Registrar is directed to register^the document ofsale, transfer and^{gift etc., presentedfor registrationby} the petitioner/s without reference to the Memo^{Nos.G2l25712019} dated 26.08.2020 and 29.12.2020 issued by^{t1.rerespondent{l.re} Commissioner and Inspector General of Registration^{and Stamps,} Telangana; Letter No.45/TP/NMC/201 9 dated 01.11.2019^issued by the respondent-the Commissioner, Municipal^Corporation, Nizampet to the respondenrthe Sub Registrar, Quthbullapur,^Ranga Reddy District, and similar letters, if any,^{issuedby 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 refcnedⁱⁿ direction No.(i) that registration so done is subject to^{outcome oi SLP (Civil)} No.19695 of 2021 filed by the State Government^{befbrethe Hon'ble} Supreme 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 form^part of F.T.L.^{and Buffer Zone/} Plots having less than 30 feet road width access, the^SubRegistrar shall make an endorsement informing / cautiontng the^purchasers that risk is involved in^purchase of such^{plots;such transactions are} hit by relevant statutory provisions; that registration^{of the sameis} subject to outcome of orders of the Hon'ble Supreme Coul^{in SLP} (Civil) No.19695 of 2021. To that effect, an endorsernent shall bc made on the reverse side of the first / second^page of^{the document} and also in the encumbrance record,^{website etc.}